Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 108 CONGRESS, SECOND SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, SECOND SESSION

Vol. 150 WASHINGTON, MONDAY, MARCH 1, 2004 No. 24 House of Representatives The House met at noon and was PLEDGE OF ALLEGIANCE ANNOUNCEMENT BY THE SPEAKER called to order by the Speaker pro tem- The SPEAKER pro tempore. Will the PRO TEMPORE pore (Mr. THORNBERRY). gentleman from New Mexico (Mr. The SPEAKER pro tempore. Pursu- f PEARCE) come forward and lead the ant to clause 4 of rule I, the Speaker DESIGNATION OF THE SPEAKER House in the Pledge of Allegiance. pro tempore signed the following en- PRO TEMPORE Mr. PEARCE led the Pledge of Alle- rolled bill on Friday, February 27, 2004: giance as follows: H.R. 3850, to provide an extension of The SPEAKER pro tempore laid be- I pledge allegiance to the Flag of the highway, highway safety, motor car- fore the House the following commu- United States of America, and to the Repub- rier safety, transit, and other programs nication from the Speaker: lic for which it stands, one nation under God, funded out of the Highway Trust Fund WASHINGTON, DC, indivisible, with liberty and justice for all. pending enactment of a law reauthor- March 1, 2004. f izing the Transportation Equity Act I hereby appoint the Honorable MAC for the 21st Century. THORNBERRY to act as Speaker pro tempore MESSAGE FROM THE SENATE on this day. A message from the Senate by Mr. f J. DENNIS HASTERT, Monahan, one of its clerks, announced Speaker of the House of Representatives. COMMUNICATION FROM CHAIRMAN that the Senate has passed concurrent f OF COMMITTEE ON TRANSPOR- resolutions of the following titles in TATION AND INFRASTRUCTURE PRAYER which the concurrence of the House is requested. The Speaker pro tempore laid before The Chaplain, the Reverend Daniel P. the House the following communica- Coughlin, offered the following prayer: S. Con. Res. 93. Concurrent resolution authorizing the use of the rotunda of the Cap- tion from the chairman of the Com- Show us Your way, O Lord. itol by the Joint Congressional Committee mittee on Transportation and Infra- Even today people hear Your urgent on Inaugural Ceremonies. structure; which was read and, without call and are moved to seek Your aid on S. Con. Res. 94. Concurrent resolution es- objection, referred to the Committee their pilgrim road of faith. Many have tablishing the Joint Congressional Com- on Appropriations: mittee on Inaugural Ceremonies. decided to follow this road, O Lord, but HOUSE OF REPRESENTATIVES, COM- they have discovered this is no super- f MITTEE ON TRANSPORTATION AND highway but a narrow path leading to COMMUNICATION FROM THE INFRASTRUCTURE, You and the gift of life. Washington, DC, February 25, 2004. CLERK OF THE HOUSE Silence and prayer emerge as the Hon. J. DENNIS HASTERT, source and depth of faith. Conversion The SPEAKER pro tempore laid be- Speaker of the House, of heart and renewed, painful letting go fore the House the following commu- The Capitol, hold our new beginnings. nication from the Clerk of the House of Washington, DC. Representatives: DEAR MR. SPEAKER: Enclosed please find Allow government leaders and all the resolutions approved by the Committee on people of this great Nation to receive OFFICE OF THE CLERK, Transportation and Infrastructure on Feb- new life and energy, to rebuild avenues HOUSE OF REPRESENTATIVES, ruary 25, 2004, in accordance with 40 U.S.C. of trust and an enduring infrastructure Washington, DC, February 27, 2004. § 3307. that will enlighten our future with se- Hon. J. DENNIS HASTERT, Sincerely, curity and peace. Speaker, House of Representatives, DON YOUNG, Washington, DC. For this we ask and work now and Chairman. DEAR MR. SPEAKER: Pursuant to the per- Enclosures. forever, O Lord. Amen. mission granted in Clause 2(h) of Rule II of AMENDED PROSPECTUS—LEASE f the Rules of the U.S. House of Representa- tives, the Clerk received the following mes- DEPARTMENT OF HEALTH AND HUMAN SERVICES, THE JOURNAL sage from the Secretary of the Senate on ADMINISTRATION FOR CHILDREN AND FAMI- LIES, WASHINGTON, DC The SPEAKER pro tempore. The February 27, 2004 at 4:55 p.m.: Chair has examined the Journal of the That the Senate passed without amend- Resolved by the Committee on Transportation ment H.R. 3850. and Infrastructure of the U.S. House of Rep- last day’s proceedings and announces With best wishes, I am resentatives, That pursuant to title 40 U.S.C. to the House his approval thereof. Sincerely, § 3307, appropriations are authorized to lease Pursuant to clause 1, rule I, the Jour- JEFF TRANDAHL, up to an additional 86,846 rentable square nal stands approved. Clerk. feet for a total maximum square footage of

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H703

VerDate jul 14 2003 04:15 Mar 02, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A01MR7.000 H01PT1 H704 CONGRESSIONAL RECORD — HOUSE March 1, 2004 252,670 square feet of space for the Depart- Provided, That the General Services Ad- total project cost of $12,094,000, a prospectus ment of Health and Human Services, Admin- ministration shall not delegate to any other for which is attached to, and included in, istration for Children and Families, cur- agency the authority granted by this resolu- this resolution. rently located in leased space at various lo- tion. cations in Washington, DC, at an additional LEASE cost of $3,908,070 for a proposed total annual LEASE DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT cost of $11,370,150 for a lease term of 10 years, FOOD AND DRUG ADMINISTRATION, SUBURBAN ADMINISTRATION, MIAMI, FLORIDA a prospectus for which is attached to and in- MARYLAND Resolved by the Committee on Transportation cluded in this resolution. This resolution Resolved by the Committee on Transportation and Infrastructure of the U.S. House of Rep- amends a Committee resolution dated April and Infrastructure of the U.S. House of Rep- resentatives, That pursuant to title 40 U.S.C. 9, 2003, which authorized 165,824 square feet resentatives, That pursuant to title 40 U.S.C. § 3307, appropriations are authorized to lease at a total annual cost of $7,462,080. § 3307, appropriations are authorized to lease up to approximately 58,811 rentable square Approval of this prospectus constitutes au- up to approximately 107,886 rentable square feet of space for the Department of Justice, thority to execute an interim lease for all feet of space for the Food and Drug Adminis- Drug Enforcement Administration currently tenants, if necessary, prior to execution of tration, Center for Drug Evaluation and Re- located at 5205 NW 84th Avenue, Miami, Flor- the new lease. search currently located at 9201 Corporate ida, at a proposed total annual cost of Provided, That the General Services Ad- Boulevard, Rockville, Maryland, at a pro- $3,116,983 for a lease term of 15 years, a pro- ministration shall not delegate to any other posed total annual cost of $3,344,466 for a spectus for which is attached to and included agency the authority granted by this resolu- lease term of 3 years, a prospectus for which in this resolution. tion. is attached to and included in this resolu- Approval of this prospectus constitutes au- tion. thority to execute an interim lease for all LEASE Approval of this prospectus constituents tenants, if necessary, prior to execution of DEPARTMENT OF JUSTICE, WASHINGTON, DC authority to execute an interim lease for all the new lease. Resolved by the Committee on Transportation tenants, if necessary, prior to execution of Provided, That the General Services Ad- and Infrastructure of the U.S. House of Rep- the new lease. ministration shall not delegate to any other resentatives, That pursuant to title 40 U.S.C. Provided, That the General Services Ad- agency the authority granted by this resolu- § 3307, appropriations are authorized to lease ministration shall not delegate to any other tion. up to approximately 584,400 rentable square agency the authority granted by this resolu- feet of space for the Department of Justice tion. LEASE currently located in leased space at 601 D NATIONAL INSTITUTES OF HEALTH, CENTER FOR LEASE St., NW, in Washington, DC, at a proposed SCIENTIFIC REVIEW AND NATIONAL HEART, total annual cost of $26,298,000 for a lease NATIONAL INSTITUTES OF HEALTH, NATIONAL LUNG, AND BLOOD INSTITUTE, SUBURBAN term of 10 years, a prospectus for which is INSTITUTES OF ALLERGY AND INFECTIOUS DIS- MARYLAND attached to and included in this resolution. EASES, SUBURBAN MARYLAND Resolved by the Committee on Transportation Approval of this prospectus constitutes au- Resolved by the Committee on Transportation and Infrastructure of the U.S. House of Rep- thority to execute an interim lease for all and Infrastructure of the U.S. House of Rep- resentatives, That pursuant to title 40 U.S.C. tenants, if necessary, prior to execution of resentatives, That pursuant to title 40 U.S.C. § 3307, appropriations are authorized to lease the new lease. § 3307, appropriations are authorized to lease up to approximately 258,558 rentable square Provided, That the General Services Ad- up to approximately 159,773 rentable square feet of space for the National Heart, Lung, ministration shall not delegate to any other feet of space for the National Institutes of and Blood Institute currently located at 6701 agency the authority granted by this resolu- Health, National Institute of Allergy And In- Rockledge Drive, Bethesda, Maryland, at a tion. fectious Diseases currently located at 6700 proposed total annual cost of $8,015,298 for a Rockledge Drive, Bethesda, Maryland, at a lease term of 10 years, a prospectus for which LEASE proposed total annual cost of $4,952,963 for a is attached to and included in this resolu- FOOD AND DRUG ADMINISTRATION, SUBURBAN lease term of 5 years, a prospectus for which tion. MARYLAND is attached to and included in this resolu- Approval of this prospectus constitutes au- Resolved by the Committee on Transportation tion. thority to execute an interim lease for all and Infrastructure of the U.S. House of Rep- Approval of this prospectus constitutes au- tenants, if necessary, prior to execution of resentatives, That pursuant to title 40 U.S.C. thority to execute an interim lease for all the new lease. § 3307, appropriations are authorized to lease tenants, if necessary, prior to execution of Provided, That the General Services Ad- up to approximately 113,993 rentable square the new lease. ministration shall not delegate to any other feet of space for the Food and Drug Adminis- Provided, That the General Services Ad- agency the authority granted by this resolu- tration currently located in leased space at ministration shall not delegate to any other tion. 7500 Standish Place, in Rockville, Maryland, agency the authority granted by this resolu- at a proposed total annual cost of $3,533,783 tion. AMENDMENT—CONSTRUCTION for a lease term of 10 years, a prospectus for UNITED STATES COURTHOUSE, ORLANDO, ALTERATION which is attached to and included in this res- FLORIDA olution. PRINCE KUHIO FEDERAL BUILDING AND U.S. Resolved by the Committee on Transportation Approval of this prospectus constitutes au- COURTHOUSE, HONOLULU, HAWAII and Infrastructure of the U.S. House of Rep- thority to execute an interim lease for all Resolved by the Committee on Transportation resentatives, That pursuant to 40 U.S.C. § 3307, tenants, if necessary, prior to execution of and Infrastructure of the U.S. House of Rep- appropriations are authorized for the con- the new lease. resentatives, That pursuant to 40 U.S.C. § 3307, struction of a 336,049 gross square foot Provided, That the General Services Ad- appropriations are authorized for the alter- United States Courthouse, including 40 in- ministration shall not delegate to any other ation of the Prince Kuhio Federal Building side parking spaces, 160 space parking struc- agency the authority granted by this resolu- and United States Courthouse located at 300 ture, landscaped square, and entrance pavil- tion. Ala Moana Boulevard, in Honolulu, Hawaii, ion, located in Orlando, Florida, at a total at an estimated construction cost of estimated cost of $94,705,000. This resolution LEASE $8,704,000, design and review cost of $1,345,000, amends a Committee resolution dated May FOOD AND DRUG ADMINISTRATION, SUBURBAN and a management and inspection cost of 26, 1994, which authorized site acquisition for MARYLAND $749,000 for an estimated total project cost of a 235,050 gross square foot courthouse plus 35 Resolved by the Committee on Transportation $10,798,000, a prospectus for which is attached inside parking spaces and 200 outside parking and Infrastructure of the U.S. House of Rep- to, and included in, this resolution. spaces, which was amended by a Committee resentatives, That pursuant to title 40 U.S.C. resolution dated November 7, 2001, which au- ALTERATION § 3307, appropriations are authorized to lease thorized construction of a 257,050 gross up to approximately 110,035 rentable square JACOB J. JAVITS FEDERAL BUILDING, NEW YORK square foot building, including 40 inside feet of space for the Food and Drug Adminis- CITY, NEW YORK parking spaces and 200 surface parking tration’s Center for Drug Evaluation and Re- Resolved by the Committee on Transportation spaces. search currently located at 1451 Rockville and Infrastructure of the U.S. House of Rep- Provided, That any design shall, to the Pike, Rockville, Maryland, at a proposed resentatives, That pursuant to 40 U.S.C. § 3307, maximum extent possible incorporate shared total annual cost of $3,411,085 for a lease appropriations are authorized for the alter- or collegial space, consistent with efficient term of 3 years, a prospectus for which is at- ation of the Jacob J. Javits Federal Building court operations that will minimize the size tached to and included in this resolution. located at 26 Federal Plaza, in New York and cost of the building to be constructed. Approval of this prospectus constitutes au- City, New York, at an estimated construc- Provided further, That any design shall in- thority to execute an interim lease for all tion cost of $10,988,000, design and review corporate changes in the 1997 United States tenants, if necessary, prior to execution of cost of $403,000, and a management and in- Courts Design Guide, including the imple- the new lease. spection cost of $703,000 for an estimated mentation of a policy on shared courtrooms.

VerDate jul 14 2003 04:15 Mar 02, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\A01MR7.005 H01PT1 March 1, 2004 CONGRESSIONAL RECORD — HOUSE H705 AMENDMENT—SITE AND DESIGN PERMISSION FOR COMMITTEE ON 6843. A letter from the Comptroller, De- partment of Defense, transmitting a report UNITED STATES COURTHOUSE, ROCKFORD, SCIENCE TO FILE REPORT ON of a violation of the Antideficiency Act by ILLINOIS H.R. 3752, COMMERCIAL SPACE LAUNCH AMENDMENTS ACT OF the Department of the Army, Case Number Resolved by the Committee on Transportation 99–02, pursuant to 31 U.S.C. 1351; to the Com- and Infrastructure of the U.S. House of Rep- 2004 mittee on Appropriations. resentatives, That pursuant to 40 U.S.C. § 3307, Mr. PEARCE. Mr. Speaker, I ask 6844. A letter from the Comptroller, De- additional appropriations are authorized for unanimous consent that the Com- partment of Defense, transmitting a report site acquisition and design of a 166,043 gross mittee on Science may have until mid- of a violation of the Antideficiency Act by square foot United States courthouse, in- the Department of the Army, Case Number cluding 55 inside parking spaces, located in night tonight to file a report on H.R. 02–05, pursuant to 31 U.S.C. 1351; to the Com- Rockford, Illinois, at additional site cost of 3752. mittee on Appropriations. $1,012,000 (site cost of $1,800,000 was pre- The SPEAKER pro tempore. Is there 6845. A letter from the Assistant Secretary viously authorized) and additional design objection to the request of the gen- for Legislative Affairs, Department of State, cost of $990,000 (design cost of $3,133,000 was tleman from New Mexico? transmitting a report on U.S. military per- previously authorized), for which an amend- There was no objection. sonnel and U.S. individual civilians retained ed prospectus is attached to, and included in, as contractors involved in supporting Plan this resolution. This resolution amends a f Colombia, pursuant to Public Law 106–246, Committee resolution dated July 18, 2001 ENROLLED BILL SIGNED section 3204 (f) (114 Stat. 577); to the Com- that authorized $2,096,000 for additional site mittee on Armed Services. and design of a 147,249 gross square foot Mr. Trandahl, Clerk of the House, re- 6846. A letter from the Under Secretary, courthouse, including 33 inside parking ported and found truly enrolled a bill Department of Defense, transmitting a letter spaces, which amended a Committee resolu- of the House of the following title, on the approved retirement of Lieutenant tion authorizing $618,000 for site and which was thereupon signed by the General James E. Sherrard III, United States $2,219,000 for design of a 129,800 gross square Speaker. Air Force, and his advancement to the grade foot courthouse including 33 inside parking of lieutenant general on the retired list; to H.R. 3850. An act to provide an extension of spaces, adopted on July 26, 2000. the Committee on Armed Services. highway, highway safety, motor carrier safe- Provided, That any design shall, to the 6847. A letter from the President and ty, transit, and other programs funded out of Chairman, Export-Import Bank of the United maximum extent possible incorporate shared the Highway Trust Fund pending enactment or collegial space, consistent with efficient States, transmitting a report on trans- of a law reauthorizing the Transportation actions involving U.S. exports to the Grand court operations that will minimize the size Equity Act for the 21st Century. and cost of the building to be constructed. Duchy of Luxembourg, pursuant to 12 U.S.C. 635(b)(3)(i); to the Committee on Financial Provided further, That any design shall in- f Services. corporate changes in the 1997 United States BILL PRESENTED TO THE 6848. A letter from the Deputy Associate Courts Design Guide, including the imple- PRESIDENT Administrator, Environmental Protection mentation of a policy on shared courtrooms. Jeff Trandahl, Clerk of the House re- Agency, transmitting the Agency’s final ports that on February 27, 2004, he pre- rule—Approval and Promulgation of State LEASE Plan for Designated Facilities and Pollut- sented to the President of the United ants: South Carolina [SC—200409(a); FRL– DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF States, for his approval, the following INVESTIGATION, SAN ANTONIO, TEXAS 7628–5] received February 25, 2004, pursuant bill. to 5 U.S.C. 801(a)(1)(A); to the Committee on Resolved by the Committee on Transportation H.R. 3850. To provide an extension of high- Energy and Commerce. and Infrastructure of the U.S. House of Rep- way, highway safety, motor carrier safety, 6849. A letter from the Deputy Associate resentatives, That pursuant to title 40 U.S.C. transit, and other programs funded out of Administrator, Environmental Protection § 3307, appropriations are authorized to lease the Highway Trust Fund pending enactment Agency, transmitting the Agency’s final up to approximately 145,000 rentable square of a law reauthorizing the Transportation rule—Control of Emissions From New Ma- feet of space for the Federal Bureau of Inves- Equity Act for the 21st Century. rine Diesel Compression-Ignition Engines at tigation, currently located in Government- or Above 30 Liters Per Cylinder [AMS–FRL– owned space at 615 E. Houston Street, and in f 7627–4] (RIN: 2060–AJ98) received February 25, leased space at 209 6th Street, in San Anto- ADJOURNMENT 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the nio, Texas, at a proposed total annual cost of Committee on Energy and Commerce. $4,567,500 for a lease term of 14 years, a pro- Mr. PEARCE. Mr. Speaker, I move 6850. A letter from the Deputy Associate spectus for which is attached to and included that the House do now adjourn. Administrator, Environmental Protection in this resolution. The motion was agreed to; accord- Agency, transmitting the Agency’s final Approval of this prospectus constitutes au- ingly (at 12 o’clock and 5 minutes rule—Protection of Stratospheric Ozone; Re- thority to execute an interim lease for all p.m.), under its previous order, the frigerant Recycling; Substitute Refrigerants tenants, if necessary, prior to execution of House adjourned until tomorrow, Tues- [FRL–7625–6] (RIN: 2060–AF37) received Feb- the new lease. day, March 2, 2004, at 12:30 p.m., for ruary 25, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and Provided, That the General Services Ad- morning hour debates. ministration shall not delegate to any other Commerce. agency the authority granted by this resolu- f 6851. A letter from the Deputy Director, tion. Defense Security Cooperation Agency, trans- RULES AND REPORTS SUBMITTED mitting reports in accordance with Section PURSUANT TO THE CONGRES- 36(a) of the Arms Export Control Act, pursu- LEASE SIONAL REVIEW ACT ant to 22 U.S.C. 2776(a); to the Committee on FEDERAL BUREAU OF INVESTIGATION, NORTHERN Pursuant to 5 U.S.C. 801(d), executive International Relations. VIRGINIA 6852. A letter from the Assistant Director, communications [final rules] sub- Executive & Political Personnel, Depart- Resolved by the Committee on Transportation mitted to the House pursuant to 5 ment of Defense, transmitting a report pur- and Infrastructure of the U.S. House of Rep- U.S.C. 801(a)(1) during the period of suant to the Federal Vacancies Reform Act resentatives, That pursuant to title 40 U.S.C. of 1998; to the Committee on Government Re- § 3307, appropriations are authorized to lease July 8, 2003 through January 20, 2004, form. up to approximately 199,110 rentable square shall be treated as though received on 6853. A letter from the White House Liai- feet of space for the Federal Bureau of Inves- March 1, 2004. Original dates of trans- son, Department of Education, transmitting tigation, currently located AT 7799 Leesburg mittal, numberings, and referrals to a report pursuant to the Federal Vacancies Pike, Falls Church, Virginia, at a proposed committee of those executive commu- Reform Act of 1998; to the Committee on total annual cost of $6,919,740 for a lease nications remain as indicated in the Government Reform. term of 15 years, a prospectus for which is Executive Communication section of 6854. A letter from the White House Liai- attached to and included in this resolution. the relevant CONGRESSIONAL RECORD. son, Department of Education, transmitting Approval of this prospectus constitutes au- a report pursuant to the Federal Vacancies f thority to execute an interim lease for all Reform Act of 1998; to the Committee on tenants, if necessary, prior to execution of EXECUTIVE COMMUNICATIONS, Government Reform. the new lease. ETC. 6855. A letter from the Secretary, Depart- Provided, That the General Services Ad- ment of Transportation, transmitting the ministration shall not delegate to any other Under clause 8 of rule XII, executive Department’s FY 2003 Performance and Ac- agency the authority granted by this resolu- communications were taken from the countability Report; to the Committee on tion. Speaker’s table and referred as follows: Government Reform.

VerDate jul 14 2003 04:15 Mar 02, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\A01MR7.008 H01PT1 H706 CONGRESSIONAL RECORD — HOUSE March 1, 2004 6856. A letter from the Chairman and Chief Regulations; Miami River, Miami-Dade 6877. A letter from the Deputy Associate Executive Officer, Farm Credit Administra- County, FL. [CGD07–03–118] (RIN: 1625–AA09) Administrator, Environmental Protection tion, transmitting a copy of the annual re- received February 24, 2004, pursuant to 5 Agency, transmitting the Agency’s final port in compliance with the Government in U.S.C. 801(a)(1)(A); to the Committee on rule—National Pollutant Discharge Elimi- the Sunshine Act during the calendar year Transportation and Infrastructure. nation System—Final Regulations to Estab- 2003, pursuant to 5 U.S.C. 552b(j); to the Com- 6868. A letter from the Chief, Regulations lish Requirements for Cooling Water Intake mittee on Government Reform. and Administrative Law, USCG, Department Structures at Phase II Existing Facilities 6857. A letter from the Administrator, Gen- of Homeland Security, transmitting the De- [FRL–7625–9] (RIN: 2040–AD62) received Feb- eral Services Administration, transmitting partment’s final rule—Drawbridge Operation ruary 25, 2004, pursuant to 5 U.S.C. the FY 2003 Annual Performance and Ac- Regulations: Rahway River, NJ. [CGD01–03– 801(a)(1)(A); to the Committee on Transpor- countability Report in accordance with the 096] (RIN: 1625–AA09) received February 24, tation and Infrastructure. Report Consolidation Act of 2000; to the 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the 6878. A letter from the Principal Deputy Committee on Government Reform. Committee on Transportation and Infra- Under Secretary, Department of Defense, 6858. A letter from the Chairman, National structure. transmitting the Department’s FY 2005 Co- Science Board, transmitting a copy of the 6869. A letter from the Chief, Regulations operative Threat Reduction Annual Report, annual report in compliance with the Gov- and Administrative Law, USCG, Department pursuant to Public Law 106–398; jointly to ernment in the Sunshine Act during the cal- of Homeland Security, transmitting the De- the Committees on International Relations endar year 2003, pursuant to 5 U.S.C. 552b(j); partment’s final rule—Safety Zone; and Armed Services. to the Committee on Government Reform. Paerdegat Basin, Belt Parkway Bridge Emer- 6859. A letter from the Director, Office of gency Repairs, Brooklyn, NY [CGD01–03–097] f Personnel Management, transmitting the Of- (RIN: 1625–AA00) received February 26, 2004, fice’s Congressional Budget Justification and pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- REPORTS OF COMMITTEES ON Performance Budget for FY 2005; to the Com- mittee on Transportation and Infrastruc- PUBLIC BILLS AND RESOLUTIONS mittee on Government Reform. ture. 6860. A letter from the National Com- 6870. A letter from the Chief, Regulations Under clause 2 of rule XIII, reports of mander, American Ex-Prisoners of War, and Administrative Law, USCG, Department committees were delivered to the Clerk transmitting a copy of the Financial State- of Homeland Security, transmitting the De- for printing and reference to the proper ments with the Independent Auditors’ re- partment’s final rule—Safety Zone; Ice Con- calendar, as follows: port, for the year ended August 31, 2003, pur- ditions, Upper Potomac River, Upper Chesa- peake Bay and Chesapeake & Delaware [The following actions occurred on February 27, suant to 36 U.S.C. 1101(57) and 1103; to the 2004] Committee on the Judiciary. Canal, Maryland [CGD05–04–019] (RIN: 1625– 6861. A letter from the Chief, Regulations AA00) received February 26, 2004, pursuant to Mr. HYDE: Committee on International and Administrative Law, USCG, Department 5 U.S.C. 801(a)(1)(A); to the Committee on Relations. House Resolution 499. Resolution of Homeland Security, transmitting the De- Transportation and Infrastructure. requesting the President and directing the partment’s final rule—Drawbridge Operation 6871. A letter from the Chief, Regulations Secretary of State, the Secretary of Defense, Regulations: Hackensack River, NJ. [CGD01– and Administrative Law, USCG, Department and the Attorney General to transmit to the 04–012] received February 24, 2004, pursuant of Homeland Security, transmitting the De- House of Representatives not later than 14 to 5 U.S.C. 801(a)(1)(A); to the Committee on partment’s final rule—Security Zone; Chesa- days after the date of the adoption of this peake Bay, Hampton Roads, Elizabeth River, Transportation and Infrastructure. resolution documents in the possession of 6862. A letter from the Chief, Regulations VA [CGD05–04–011] (RIN: 1625–AA00) received the President and those officials relating to and Administrative Law, USCG, Department February 26, 2004, pursuant to 5 U.S.C. the disclosure of the identity and employ- of Homeland Security, transmitting the De- 801(a)(1)(A); to the Committee on Transpor- ment of Ms. Valerie Plame; adversely (Rept. partment’s final rule—Drawbridge Operation tation and Infrastructure. 108–413 Pt. 2). Ordered to be printed. 6872. A letter from the Chief, Regulations Regulations: Providence River, RI. [CGD01– Mr. SENSENBRENNER: Committee on the and Administrative Law, USCG, Department 04–005] (RIN: 1625–AA09) received February Judiciary. House Resolution 499. Resolution of Homeland Security, transmitting the De- requesting the President and directing the 24, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to partment’s final rule—Drawbridge Operation the Committee on Transportation and Infra- Secretary of State, the Secretary of Defense, Regulations: Newton Creek, Dutch Kills, and the Attorney General to transmit to the structure. English Kills, and their tributaries, NY. 6863. A letter from the Chief, Regulations House of Representatives not later than 14 [CGD01–04–014] received February 26, 2004, and Administrative Law, USCG, Department days after the date of the adoption of this pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- of Homeland Security, transmitting the De- resolution documents in the possession of mittee on Transportation and Infrastruc- the President and those officials relating to partment’s final rule—Drawbridge Operation ture. Regulations: Cheesequake Creek, NJ [CGD01– the disclosure of the identity and employ- 6873. A letter from the Chief, Regulations ment of Ms. Valerie Plame; adversely (Rept. 04–009] received February 24, 2004, pursuant and Administrative Law, USCG, Department 108–413 Pt. 3). Ordered to be printed. to 5 U.S.C. 801(a)(1)(A); to the Committee on of Homeland Security, transmitting the De- Mr. HUNTER: Committee on Armed Serv- Transportation and Infrastructure. partment’s final rule—Drawbridge Operation ices. House Resolution 499. Resolution re- 6864. A letter from the Chief, Regulations Regulations; Passaic River, NJ. [CGD01–04– questing the President and directing the Sec- and Administrative Law, USCG, Department 007] received February 26, 2004, pursuant to 5 retary of State, the Secretary of Defense, of Homeland Security, transmitting the De- U.S.C. 801(a)(1)(A); to the Committee on and the Attorney General to transmit to the partment’s final rule—Drawbridge Operation Transportation and Infrastructure. Regulations; Willamette River, OR. [CGD13– 6874. A letter from the Chief, Regulations House of Representatives not later than 14 04–003] (RIN: 1625–AA09) received February and Administrative Law, USCG, Department days after the date of the adoption of this 24, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to of Homeland Security, transmitting the De- resolution documents in the possession of the Committee on Transportation and Infra- partment’s final rule—Drawbridge Operation the President and those officials relating to structure. Regulations; Gulf Intracoastal Waterway— the disclosure of the identity and employ- 6865. A letter from the Chief, Regulations Black Bayou, LA. [CGD08–04–008] received ment of Ms. Valerie Plame; adversely (Rept. and Administrative Law, USCG, Department February 26, 2004, pursuant to 5 U.S.C. 108–413 Pt. 4). Referred to the House Calendar of Homeland Security, transmitting the De- 801(a)(1)(A); to the Committee on Transpor- and ordered to be printed. partment’s final rule—Drawbridge Operation tation and Infrastructure. [Filed on March 1, 2004] Regulations; Atlantic Intracoastal Water- 6875. A letter from the Chief, Regulations Mr. BOEHLERT: Committee on Science. way, Wrightsville Beach, NC [CGD05–04–027] and Administrative Law, USCG, Department H.R. 3752. A bill to promote the development (RIN: 1625–AA09) received February 24, 2004, of Homeland Security, transmitting the De- of the emerging commercial human space pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- partment’s final rule—Drawbridge Operation flight industry, to extend the liability in- mittee on Transportation and Infrastruc- Regulations; Miami River, North Fork, demnification regime for the commercial ture. Miami, FL [CGD07–03–088] (RIN: 1625–AA09) space transportation industry, to authorize 6866. A letter from the Chief, Regulations received February 26, 2004, pursuant to 5 appropriations for the Office of the Associate and Administrative Law, USCG, Department U.S.C. 801(a)(1)(A); to the Committee on Administrator for Commercial Space Trans- of Homeland Security, transmitting the De- Transportation and Infrastructure. portation, and for other purposes (Rept. 108– partment’s final rule—Drawbridge Operation 6876. A letter from the Chief, Regulations 429). Referred to the Committee of the Whole Regulations; Columbia River, OR [CGD13–03– and Administrative Law, USCG, Department House on the State of the Union. 027] (RIN: 1625–AA09) received February 24, of Homeland Security, transmitting the De- 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the partment’s final rule—Drawbridge Operation f Committee on Transportation and Infra- Regulations; Gulf Intracoastal Waterway, structure. Boca Grande, Charlotte County, FL [CGD07– PUBLIC BILLS AND RESOLUTIONS 6867. A letter from the Chief, Regulations 03–072] (RIN: 1625–AA09) received February and Administrative Law, USCG, Department 26, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to Under clause 2 of rule XII, public of Homeland Security, transmitting the De- the Committee on Transportation and Infra- bills and resolutions were introduced partment’s final rule—Drawbridge Operation structure. and severally referred, as follows:

VerDate jul 14 2003 04:15 Mar 02, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\L01MR7.000 H01PT1 March 1, 2004 CONGRESSIONAL RECORD — HOUSE H707 By Mr. SENSENBRENNER (for him- ADDITIONAL SPONSORS TO PUBLIC PETITIONS, ETC. self, Mr. CONYERS, Mr. SWEENEY, Mr. BILLS AND RESOLUTIONS OSBORNE, and Mr. BERMAN): Under clause 3 of rule XII, petitions Under clause 7 of rule XII, sponsors H.R. 3866. A bill to amend the Controlled and papers were laid on the clerk’s were added to public bills and resolu- Substances Act to provide increased pen- desk and referred as follows: alties for anabolic steroid offenses near tions as follows: sports facilities, and for other purposes; to H.R. 339: and Mr. BEAUPREZ, Mr. SIMPSON. 57. The SPEAKER presented a petition of the Committee on the Judiciary, and in addi- H.R. 857: Mr. CLYBURN. the Board of Trustees of the Village of Oak tion to the Committee on Energy and Com- H.R. 1160: Mr. MORAN of Kansas. Park, County of Cook, State of Illinois, rel- merce, for a period to be subsequently deter- H.R. 2151: Mr. KENNEDY of Rhode Island and ative to a Resolution dated January 5, 2004, mined by the Speaker, in each case for con- Mr. HOEFFEL. petitioning the repeal of certain sections of sideration of such provisions as fall within H.R. 2173: Ms. SLAUGHTER, Mr. TIAHRT, Mr. the USA Patriot Act and similar legislation; the jurisdiction of the committee concerned. SERRANO, and Mrs. MCCARTHY of New York. to the Committee on the Judiciary. By Mr. DEUTSCH (for himself, Ms. H.R. 2771: Mr. QUINN and Mr. NADLER. 58. Also, a petition of the Common Council CORRINE BROWN of Florida, Mr. H.R. 3507: Mr. BISHOP of New York. WEXLER, and Mr. HASTINGS of Flor- H.R. 3644: Mr. SOUDER. of the City of Buffalo, New York, relative to ida): H. Con. Res. 327: Mrs. LOWEY. Resolution No. 218, supporting the filibuster H.R. 3867. A bill to require the Secretary of H. Con. Res. 371: Ms. GINNY BROWN-WAITE and defeat of the Energy Policy Act of 2003; Homeland Security to designate Haiti under of Florida, Mr. NEUGEBAUER, Mr. BURNS, Mr. jointly to the Committees on Energy and section 244(b) of the Immigration and Na- BERMAN, Mr. VITTER, Mr. SIMPSON, Mr. Commerce, Science, Ways and Means, Re- tionality Act so that nationals of Haiti WEXLER, Mr. BURR, Mr. ALEXANDER, Mr. sources, Education and the Workforce, present in the United States may be granted CULBERSON, and Mr. SIMMONS. Transportation and Infrastructure, Financial temporary protected status; to the Com- H. Con. Res. 375: Mr. NEUGEBAUER and Mr. Services, and Agriculture. mittee on the Judiciary. LEACH.

VerDate jul 14 2003 04:15 Mar 02, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\L01MR7.100 H01PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, SECOND SESSION

Vol. 150 WASHINGTON, MONDAY, MARCH 1, 2004 No. 24 Senate The Senate met at 12 noon and was against manufacturers, distributors, dealers, Following the debate, at 4 p.m. called to order by the President pro or importers of firearms or ammunition for today, Senator BINGAMAN will offer his tempore (Mr. STEVENS). damages resulting from the misuse of their amendment relating to definition. products by others. Under the order, that debate will go PRAYER Pending: until 5 o’clock, at which time we will The Chaplain, Dr. Barry C. Black, of- Hatch (for Campbell) amendment No. 2623, vote in relation to the Bingaman fered the following prayer: to amend title 18, United States Code, to ex- amendment. Therefore, the first vote of Let us pray. empt qualified current and former law en- today’s session will occur at 5 o’clock. Lord of life and love and laughter, forcement officers from State laws prohibiting the carrying of concealed handguns. The consent agreement governing the You are the alpha and the omega, the Kennedy amendment No. 2619, to expand remaining consideration of the gun beginning and the end. Thank You for the definition of armor piercing ammunition manufacturers’ liability bill allows for the miracle of a new day. We pause to and to require the Attorney General to pro- further debate tomorrow morning prior acknowledge Your sovereignty and to mulgate standards for the uniform testing of to a series of stacked votes on a num- admit that because of You we live and projectiles against body armor. ber of amendments. There will be as move and breathe and have our being. Craig (for Frist/Craig) amendment No. 2625, many as seven stacked votes, including Show us how to use this day’s fleet- to regulate the sale and possession of armor piercing ammunition. final passage, in that series of votes, ing minutes for Your glory. Make us Levin amendment No. 2631, to exempt any which will begin at 11:35 a.m. on Tues- Your instruments to bring deliverance civil action against a person from the provi- day. to captives and sight to the blind. Open sions of the bill if the gross negligence or Members can therefore expect final our ears to cries of despair all around reckless conduct of the person proximately passage of S. 1805 tomorrow afternoon. us and forgive us for our premature caused death or injury. The PRESIDENT pro tempore. The declarations of peace. Sanctify our Warner amendment No. 2624, to improve Democratic leader is recognized. thoughts, words, and deeds throughout patient access to health care services and Mr. DASCHLE. Mr. President, Sen- this week and in all the days of our provide improved medical care by reducing the excessive burden the liability system ator FEINSTEIN will be managing the lives. We pray this in Your Holy Name. places on the health care delivery system. first hour of the debate today on as- Amen. Lautenberg amendment No. 2632, to require sault weapons; and Senator JACK REED f that certain notifications occur whenever a from Rhode Island will be the manager query to the National Instant Criminal PLEDGE OF ALLEGIANCE of the second hour relating to gun show Background Check System reveals that a loopholes. The PRESIDENT pro tempore led the person listed in the Violent Gang and Ter- Let me wish my colleagues a good Pledge of Allegiance, as follows: rorist Organization File is attempting to purchase a firearm. afternoon. I pledge allegiance to the Flag of the Lautenberg amendment No. 2633, to ex- THE BUDGET FOR VETERANS AFFAIRS United States of America, and to the Repub- empt lawsuits involving injuries to children Mr. President, I want to talk, on my lic for which it stands, one nation under God, from the definition of qualified civil liability indivisible, with liberty and justice for all. leader time, about an issue that will be action. the subject of a good deal of attention f The PRESIDENT pro tempore. The next week; and that is the budget, es- RESERVATION OF LEADER TIME Senator from Idaho is recognized. pecially as it relates to our veterans. The PRESIDENT pro tempore. Under SCHEDULE The budget this year has many rea- the previous order, the leadership time Mr. CRAIG. Mr. President, today, the sons for concern for all of us. I will ad- is reserved. Senate will resume consideration of S. dress many of those concerns at a later f 1805, the gun liability bill. The unani- time. But I want to focus, this after- mous consent agreement from Friday noon, if I can, on just one; that is, the PROTECTION OF LAWFUL provides for approximately 4 hours of budget for Veterans Affairs. COMMERCE IN ARMS ACT debate in relation to two proposed The legislation before the Budget The PRESIDENT pro tempore. Under amendments that will be voted on to- Committee would increase the Vet- the previous order, the Senate will re- morrow. The debate today will center erans Affairs budget by about 2 per- sume consideration of S. 1805, which around the gun show loophole amend- cent. Unfortunately, that represents the clerk will report. ment and the assault weapons ban about a $700 million increase in health The assistant legislative clerk read amendment. care for veterans going from approxi- as follows: I will manage time on our side during mately $28.5 billion to $29.2 billion—a A bill (S. 1805) to prohibit civil liability ac- this period, so Senators are welcome to $700 million increase for veterans tions from being brought or continuing come to the floor to speak. health.

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

S1901

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1902 CONGRESSIONAL RECORD — SENATE March 1, 2004 What is disturbing to me about that actually spending a billion dollars we their families. In this day and age, number is what one finds when you would not have to spend if we simply with the extraordinary role now played look at what it means a little more said we are going to trust the decisions by the National Guard and the Reserve, closely. What it means is that, for the made by those physicians in the first we can’t accept a double standard with first time, veterans themselves will be place. We tested it with 8,000 veterans regard to the way health care is pro- required to pay fees in excess of $1 bil- over the last couple years, and we vided. If we are forcing these young lion for health care that they were found there was absolutely no problem men and women into battle, if we are promised. People probably cannot fully associated with having this require- forcing them to endure the pain, suf- appreciate what that means—a billion- ment that a VA doctor be consulted fering, anxiety, the loss of life and dollar fee requirement from veterans eliminated. We could save a billion dol- limb, we ought to at the very least pro- themselves for the first time. We have lars. vide them with the health insurance never, in all of history, had a require- I argue that billion dollars ought to they have earned and they deserve. ment that veterans pay at this level— come out of the fees required of our So we will be offering legislation $1 billion—for health care. veterans. That alone would reduce once again to provide full funding for For now, categories 7 and 8 will be some of the anxiety and extraordinary TRICARE health insurance for mem- charged $250 a year before they can frustration so many of our veterans bers of the Guard and Reserve. It is my walk in the door the first time. Their now experience. This, too, is a veterans hope that on a bipartisan basis, as we fees—which have been $7, and were $2 budget matter that I hope we can ad- have done now on several occasions, we just a couple years ago—for prescrip- dress both in the Budget Committee, as can pass it, enact it into law, and send tion drugs now go up to $15. Their per- well as on the floor of the Senate in the a clear message that that double stand- office doctor visits go from $15 to $20. coming days as we debate the veterans ard, too, will end in this Congress. So for the first time, veterans, in budget. Mr. President, there are a lot of many cases, will be denied care, not be- There are two other issues of budget issues relating to veterans that I hope cause they do not need it but because connection and budget relevance that I will be provided the time, attention, they cannot afford it. think we ought to address. The next is and priority they deserve. We will have When I was home over the last week the concurrent receipt problem. It is the first opportunity during the budget or so, it was troubling to me how many still remarkable to me in this day and debate next week. I look forward to veterans said: Senator DASCHLE, $250 age that we deduct disability com- that debate and to the consideration of may not seem like a lot to you, but pensation from retirement income for amendments to address many of these there is no way I can pay $250. I just veterans. Those who gave the most are concerns. I am hopeful that on a bipar- won’t get care; or: I will try to find now required to pay the biggest finan- tisan basis we can address them suc- care at some clinic where it’s free. cial sacrifice. For the life of me, I can- cessfully. It is so troubling to me that I would not understand why. We are told we I yield the floor. be hearing that from veterans who cannot afford it, but those men and The PRESIDENT pro tempore. Under gave so much to their country, at a women could not afford to give up their the previous order, there will be 4 time when we are counting on our sol- jobs, sometimes their good health, to hours of debate, with 1 hour of the time diers to do so much for us in Iraq, in go into war either. controlled by the Senator from Ari- Afghanistan, and now in Haiti. Time Where there is a will, there is a way. zona, Mr. MCCAIN or his designee; 1 after time, we send our soldiers into We ought to be cognizant of the incred- hour under the control of the Senator harm’s way. They come back now, hav- ible disparity and extraordinary unfair- from California or her designee; 2 hours ing felt the brunt of that war, and we ness for every disabled American vet- under the control of the Senator from tell them we just can’t afford to give eran today by this practice of deduct- Idaho, Mr. CRAIG, or his designee. them the care they need. ing disability pay from retirement. Mr. REID. Mr. President, if anybody This is only one of the issues that Over the last couple of years, we have wants to use part of their time, they will be debated during the veterans actually ultimately passed compromise have to get permission from Senator budget. But I hope all of us—Repub- legislation that would allow veterans FEINSTEIN. She is here to use her hour. licans and Democrats alike—will be who are at least 50-percent disabled Senator REED will be the designee for very careful before we commit to this from beginning to receive their full Senator MCCAIN. We have the offer of new fee structure. compensation for both disability and the amendment by Senator BINGAMAN Some of us have argued for a long retirement. But it will be phased in for an hour, and then we will vote. time that it is now time for us to pass over the next 10 years. A lot of vet- The PRESIDENT pro tempore. Who what we call mandatory funding—to erans in South Dakota told me they seeks recognition? treat veterans health the way we treat will be gone before this legislation is The Senator from California is recog- Medicare, the way we treat Social Se- fully phased in. So I hope we can also nized. curity—to recognize that we have an look at concurrent receipt. Mrs. FEINSTEIN. Mr. President, I obligation, and it ought to be met. Let’s eliminate the disability tax. rise on behalf of myself and Senators Mandatory funding is a bill that has Let’s recognize that we owe these dis- WARNER, SCHUMER, DEWINE, LEVIN, been offered to authorize this new sta- abled veterans more than just lip- CHAFEE, DODD, JEFFORDS, BOXER, and tus in health care delivery, and I hope service. Let’s recognize in this day and CLINTON, and also Senators REID and that our colleagues would consider it age, especially now as some are even LAUTENBERG, to offer an amendment very carefully. required to pay fees, that this dis- which is identical to S. 2109, introduced What is all the more troubling is that parity, this unfairness, this embarrass- early last week. This amendment will there is also a provision in our vet- ment in our Veterans’ Administration simply reauthorize the 1994 assault erans health care system that is very health delivery and compensation sys- weapons ban. It is a straight reauthor- ironic, it seems to me, in so many tem has to be addressed. ization. There is nothing added to it. ways. We actually require a veteran, Finally, while the President pro tem- The present legislation sunsets on after he has gone to a private physician pore has been as sensitive to this issue September 13 of this year. As you and and has been prescribed prescription as anybody in the Chamber, we still others know, the President has said he medicine, to go to a VA doctor to have have a long way to go in providing will sign a straight reauthorization. it verified. Sometimes the VA doctor TRICARE to all members of the Guard This is it. requires additional physicals. But this and Reserve. I was reminded, as I Mr. President, I want to thank Sen- duplicative process, this requirement talked to another guardsman who has ator WARNER, who I hope will be here for yet another VA physician review been permanently injured as a result of shortly to speak for himself. I very now costs the Veterans’ Administra- wounds incurred in Iraq, he has no much appreciate his cosponsorship of tion a billion dollars. So the irony is health insurance. I worry about all of this legislation. When the legislation that now that we are asking veterans those veterans who come home, about came before this Senate 10 years ago, to pay for fees they cannot afford—now the prospect of losing their health in- Senator WARNER didn’t support it. in excess of a billion dollars—we are surance not only for themselves but for Therefore, his reconsideration of that

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 1, 2004 CONGRESSIONAL RECORD — SENATE S1903 position is all important. I won’t give since the passage of this legislation kill 21 people and wound 15 others. The reasons for it. I believe that is up to have diminished by two-thirds. That is McDonald’s customers were simply in him. I believe both he and Senators the good news. the wrong place at the wrong time. Had DEWINE and SCHUMER will be utilizing It is interesting, the NRA says: Oh, Huberty carried a revolver, who knows the hour of our time. the ban doesn’t work; it is just cos- how many lives would have been saved. I ask that the Chair inform me when metic; forget it. But the ban does work, But with an Uzi, there is no ability to 15 minutes of the hour has passed, if I and it was carefully put together. No escape. With a big clip and a light trig- might. gun owners have lost their weapon be- ger, nobody can get to you to disarm The issue of assault weapons is near cause of this legislation. No gun any- you before you have emptied the clip. and dear to my heart. It is not about where in America has been confiscated The spray fire begins and the tragedy politics or polls or interest groups. In from a legal owner because of this ban. looms large. Again, a weapon of war my view, it is about real people and The sky did not fall. Life went on, but falls into the hands of a grievance kill- real lives. It is about the ability of it went on with fewer grievance er. working men and women and children killings, fewer juveniles using them, The TEC–9. For me, these incidents to be safe from disgruntled employees fewer driveby shooters having access to really came to a head on July 1, 1993, or schoolmates who show up one day at the most dangerous of firearms. when a man by the name of Gian Luigi a law firm or school or a place of busi- I want to talk about just a few of the Ferri walked into 101 California Street ness and fire away until the room be- guns we banned. The bill banned 19 spe- carrying two high-capacity TEC-DC9 comes filled with dead and wounded cific assault weapons and then set up a assault pistols. colleagues. physical characteristics test which, Let me show you what he looked Unfortunately, in this society, we are frankly, if given my way, I would like. He is dead in this picture. Look at always going to have some people who toughen now. We have had more experi- this clip on this assault pistol. Look at are prone to grievance killing. ence. We know gun manufacturers get the additional clips he was carrying in It is my belief the assault weapon, around it. California has toughened the the bag. And look at the weapon in his the military-style semiautomatic as- test and, basically, I would like to hand. sault weapon, has become the weapon emulate that legislation. Clearly, the Ferri’s gun—well, his guns—actually of choice for grievance killers. votes are not in this Chamber for it; had special spring-loaded hellfire It is about the ability of children to certainly not in the other Chamber, switches that allowed them to be fired, learn, play, and grow without the fear and we probably would not be able to for all practical purposes, as fast as a that someone such as Dylan Klebold or gain a Presidential signature. I prob- machine gun. As a result, it did not Eric Harris would show up at Col- ably used too optimistic a word by take long for him to accomplish his umbine High School with assault weap- using ‘‘probably.’’ Let me say we would task. Within minutes, he murdered ons and fire until the school is literally not be able to gain a Presidential sig- eight people and six others were littered with bodies—a dozen students nature. wounded. and a teacher murdered, more than two Let me speak for a moment about I just looked at a shot of a lovely dozen others injured. perhaps the most notorious assault blond woman on the floor in her office It is about making sure our law en- weapon, the AK–47. This gun, developed with three shots in her back and one in forcement officers can safely go about in the former Soviet Union, is one of her shoulder. I have spoken to the sur- their duties and return home to their the most widely used military weapons vivors and families of these victims families at the end of the day, instead in the world. It is not used to hunt, at over the years, and I can tell you it is of finding themselves confronted, such least not to hunt animals. It is not well just plain heartbreaking. as Officer James Guelff found himself designed for home defense. Its ammuni- One such survivor was Michelle in 1994, with assailants wearing body tion can easily pierce walls and kill in- Scully. I will paraphrase what hap- armor and firing from an arsenal of nocent bystanders. I will tell you what pened to her that day. Michelle and her 2,000 rounds of ammunition and a cache it is good for: the rapid killing of other husband John Scully—he was a lawyer of assault weapons. people. How well I remember when an in the firm—sought refuge in the near- The officer was gunned down after 10 unstable drifter by the name of Patrick est room, but the door did not have a years of service, and it took 150 police Purdy, with an assault weapon modeled lock. Michelle and John tried to block officers to equal the firepower of a gun- after the AK–47, walked into a Stock- the door with a file cabinet, but they man clad in Kevlar carrying assault ton schoolyard in northern California. could not move it. Finally, he spread weapons. He lay on his belly, and he fired indis- his 6-foot-4 body over his wife as a I first raised this issue in 1993, when criminately into the schoolyard. He shield as the gunman wordlessly I was a new Senator. I was determined fired 106 rounds of ammunition. By the opened the door and fired this gun over to try to pass the assault weapons leg- time he was done, 5 children were dead and over again. islation as an amendment to the crime and 29 were injured—five children dead John was hit six times. His wife once. bill. Members told me: Forget it; the because a of drifter who could gain one ‘‘Michelle, I’m sorry,’’ John Scully said gun owners around here have too much of the most powerful military weapons a few minutes later, ‘‘I am dying.’’ authority. We would never be able to and use it against children. No one should have to go through enact assault weapons legislation. I Each of these children had families. this. No one should have to read about was told the NRA was simply too They had futures. One might have been it in a newspaper. Nobody goes to work strong. Senator BIDEN, then-chair of a doctor one day, another a teacher, in the morning or says goodbye to the Judiciary Committee, said it would maybe even one a Senator, but they their spouse expecting something like be a good learning experience for me, never got that chance. Their families what happened at 101 California Street. and, in fact, it was. did not see them grow up. These were not soldiers or law en- It was the will of the American peo- Then there is the Uzi. The Uzi was forcement officers. These were people ple, it turns out, that was stronger designed for Israeli paratroopers in the doing everyday jobs in an everyday than any lobbying organization, even 1950s. Again, this is not a weapon de- place. Because a person who had a bone the National Rifle Association. And signed for hunting or self-defense. This to pick also had two assault pistols, today, 77 percent of the American peo- is a weapon of war. It can spray fire eight lives were ended before the day ple and 66 percent of gun owners be- rapidly and with some accuracy and is was done. lieve this legislation should be reau- used for raids, firefights, and, to put it Now, my colleagues can tell me guns thorized. simply, the killing of enemy soldiers in do not kill people, that people kill peo- We got the bill passed, and America close combat. ple. Of course, I have to agree with has been safer for it. In fact, the per- An easily concealed weapon of war that, but when there is a nut or a man centage of assault weapons used in that sprays fire can also be used so inflamed that he is going to go out crimes since this bill has passed has di- against civilians, and so it was when and exact vengeance and a weapon of minished by two-thirds. That is the James Huberty walked into a McDon- war designed to kill large numbers in fact. Assault weapons traced to crimes ald’s in San Ysidro, CA. He was able to close combat is made available to him,

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1904 CONGRESSIONAL RECORD — SENATE March 1, 2004 when our Government enables this to ance that hunting weapons are not cov- the ability to dry up this supply over happen, we fall down on the job be- ered. We provided that assurance. That time, the ability to prohibit their man- cause we are here to see that there are assurance has worked and no one has ufacture and their sale is what this leg- laws that protect people. lost a single weapon on this list. islation does. In 1994, a man used a TEC–9 to kill The list includes every conceivable It has always puzzled me because the three people in the Washington, DC, weapon: shotgun, rifle, et cetera. It is NRA says it is only cosmetic, it does police headquarters. Those killed were designed to protect the ability of inno- not work, and I wonder, if it is only two FBI agents and a veteran police cent gunowners to keep their hunting cosmetic why do they get so exercised sergeant. The shooter walked into the weapons and to keep their guns for about it? But it does work, because as- crowded building with a concealed self-defense. The list of protected guns sault weapon gun traces to crimes have weapon, one of the key factors in how and the 9 years of accounting of his- declined by two-thirds since this bill dangerous these weapons can be be- tory behind the ban show that the Na- has passed. That is the proof. It has cause they either have collapsable tional Rifle Association’s hysterical had an effect. That is why the NRA is shoulder mounts or they are easily claims of gun confiscation are simply calling offices today. That is why the concealed. He then proceeded not true. NRA is asking Members not to vote for unimpeded directly into a homicide I will speak about support for this this: Because it has worked. squad office and began firing. This is legislation. As my colleagues can see I reserve the remainder of our time. I what the TEC–9 can do. Again, we do from the list behind me, countless or- yield the floor. Mr. President, I suggest not hear stories of TEC–9s being used ganizations, civic and law enforcement, the absence of a quorum. to hunt deer. We do hear about tragedy are asking that this assault weapons The PRESIDING OFFICER (Mr. ROB- after tragedy. legislation be reauthorized. At the top ERTS). The clerk will call the roll. The PRESIDENT pro tempore. The of the list we have the largest law en- The assistant legislative clerk pro- distinguished Senator has utilized 15 forcement organization in the Nation, ceeded to call the roll. minutes of her time. the Fraternal Order of Police. We have Mrs. FEINSTEIN. Mr. President, I Mrs. FEINSTEIN. I thank the Chair. the National League of Cities, the ask unanimous consent the order for I appreciate that. United States Conference of Mayors, the quorum call be rescinded. In 1999, even after the assault weap- National Association of Counties, the The PRESIDING OFFICER. Without ons ban had been law for almost 5 International Association of Chiefs of objection, it is so ordered. years, Dylan Klebold fired 55 shots Police, the National Association of Po- Mrs. FEINSTEIN. I ask unanimous from a TEC–DC9 at Columbine. The lice Organizations, the International consent the time that is running be TEC–DC9, a gun manufactured before Brotherhood of Police Officers, the equally divided between both sides. the ban took effect and thus grand- United States Conference of Catholic The PRESIDING OFFICER. Is there fathered and legal, was obtained from a Bishops, the National Education Asso- objection? gun show and then used to kill his fel- ciation the NAACP, and the list goes Mr. CRAIG. Reserving the right to low students. on. object. It is my hope that over time and the By latest poll, more than three- The PRESIDING OFFICER. The Sen- way the bill is structured, the avail- fourths of the American people, even ator from Idaho. Mr. CRAIG. The first hour, of course, ability of these guns will dry up be- two-thirds of gunowners, support reau- is allocated to the debate over the cause what the legislation does is pro- thorizing the assault weapons legisla- semiauto ban, so your request is hibit the manufacture and the sale of tion. So the will of the people could not against the semiauto ban and the these weapons, not the possession. be more clear. The American people total? When they do dry up, the Dylan know that these guns should not, once Mrs. FEINSTEIN. Just this one. Klebolds of the world can no longer again, be manufactured and imported into the United States. Mr. CRAIG. I object to that until I have access to them. We saw in the Columbine shooting, better understand it. I want to allocate The supply of these guns is not going the Long Island Railroad shooting, and my 2 hours reserved in the UC for this to dry up, however, if the assault weap- so many others that high-capacity as- afternoon. Could the Senator explain? ons ban sunsets in September. We sault weapons can make those who Mrs. FEINSTEIN. There is a reason would be giving Intratec and other wield them temporarily invincible be- for it. We were told this would be later, such companies a renewed license to cause it is so difficult to get close to at 3 o’clock, and then learned it would manufacture these military guns and them to disarm them. So the fate of be 1 o’clock, and then it was noon. I market them elsewhere across the Na- this bill is in this Senate. was here so I could come down. Senator tion. In April of last year Presidential WARNER, I believe, has not yet arrived, We specifically exempted 670 rifles White House spokesman Scott McClel- and would like to speak, as would Sen- and shotguns from the legislation so lan said of the assault weapons legisla- ator DEWINE and Senator SCHUMER. It anybody who said, oh, my gun is going tion: is a Monday. The time has essentially to be taken, could be reassured and we The President supports the current law, changed. So I would like to leave them could show them we did not, in fact, and he supports reauthorization of the cur- time to be able to speak. take their gun. rent law. Mr. CRAIG. Mr. President, might I Although it may be difficult to read, That is what we are doing with this ask we go into a quorum, only for the this is the listing of the hunting guns legislation, reauthorizing the current purpose of discussing this and better and other recreational weapons pro- law, period. understanding it? tected in the legislation. It goes on and Now, I realize the President has ex- Mrs. FEINSTEIN. I have no objec- on. The Weatherby Mark V Sport Rifle, pressed concern about amendments to tion. the Savage Model 111BC heavy barrel the gun immunity bill that might Mr. CRAIG. I suggest the absence of varmint rifle, and all centerfire rifles delay its passage beyond this year, but a quorum. that are single shot, drillings, com- the assault weapons legislation expires The PRESIDING OFFICER. The Sen- bination guns; shotguns-auto loaders; in less than 7 months and we cannot ator is able to do that. The clerk will shotguns-slide actions; shotguns-over/ delay this bill beyond this year, either. call the roll. unders; centerfire rifles-auto loaders; I am hopeful that as people look back The assistant legislative clerk pro- centerfire rifles-lever and slide; and they look at this terrible litany of ceeded to call the roll. centerfire rifles-bolt action; shotguns- events all across this Nation, in school- Mr. CRAIG. Mr. President, I ask side by sides, shotguns-bolt actions and yards, in businesses, in factories, in unanimous consent the order for the single shots. Total, 670 hunting weap- print shops, in law offices, wherever quorum call be rescinded. ons. people congregate, they recognize that The PRESIDING OFFICER. Without The reason I did this is I approached it is prudent to keep assault weapons objection, it is so ordered. some Members of the Senate and said, off the streets of our American cities. Mr. CRAIG. Mr. President, before the what do they need to support legisla- As gangs move guns across State Senator from Florida speaks—and nei- tion? And they said they needed assur- lines, they move assault weapons. So ther the Senator from California nor I,

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 1, 2004 CONGRESSIONAL RECORD — SENATE S1905 who control time at this moment, ob- try. It is a country where we only need area where it was so wracked with po- ject to that; it is my understanding he to look 10 years back to see that. litical and economic chaos? I saw the wants to speak on the crisis in Haiti— When Aristide was elected President, fact that our Government had basically what I would like to consider is that a coup went in, removed him from not gone to bat for Haiti on inter- we reconsider the unanimous consent power, and it took the U.S. military to national loans from the development from the Senator from California as it come back in to put him back into banks; and that we were insisting that relates to time. Apparently there has power. The problem is that we didn’t Haiti pay off arrears before it would been a misunderstanding on the part of stay for the long haul. We didn’t help get another loan. How was Haiti going some Senators, or their staff failed to Haiti pull itself up by its economic to pay off any arrears? As a result, inform them as to the time schedule bootstraps. We didn’t continue to help there were not the loans coming in to that was agreed upon in the unanimous them understand if they had no history build the roads or, more importantly, consent that was established to operate of democratic institutions that func- to improve the existing roads and just today. tioned well—to help them continue to to maintain them. What is critical is a 5 o’clock vote on improve their institutions so it would As I went 50 miles north from Port- the Bingaman amendment and allo- foster free and fair elections and people au-Prince on a road that only had a cating necessary time for the Senators would respect the rule of law. hard surface for 16 or maybe 17 miles, to speak to that prior to that vote, and That is why we are at this place. then there was nothing but potholes, for me to respond. That is why I have taken this occasion and all the commerce running north I ask unanimous consent that time to come and talk to my colleagues and south in the island was attempting that is being used now, or that may not about what ought to happen in the fu- to go on that road. be used in quorum call, be taken equal- ture in Haiti. What can we learn about what to do ly from all sides and that that time be First, the Haitian people are an infor the future of Haiti? It is very clear extended after the vote, at 5 o’clock, dustrious people, and they are a proud to me. The United States had better be for those who were not given the oppor- people. involved. We had better not have a tunity to speak on the assault weapons I visited the city slum called Cite hands-off policy as we have had over ban or the semiauto ban who are miss- Soleil in the capital city of Port-au- the course of the past 5 or 6 years. We ing it at this time, so we can keep the Prince amidst enormous poverty and had better be involved, because it not Senate running. the most meager of material posses- Mr. President, I will withhold that sions. There is a huge drainage ditch only affects Haitians but it affects the UC for a while. There is another Sen- running through this section of Port- United States. Let me tell you how. ator who has an amendment that is in au-Prince. It is an open garbage sewer. In the midst of the Western Hemi- position at this time who would have Yet as I walked into those little homes sphere with a country to be as poverty to concur. Why don’t I withdraw my which many times only had a piece of stricken as Haiti is, it is going to be UC and yield the floor to the Senator corrugated tin across the top not even ripe for insurrection and tumult. What from Florida for speaking on Haiti as sealing the roof, I found those little happens when there is insurrection and in morning business. homes so neatly kept with such pride. tumult? It is ripe to attract the drug The PRESIDING OFFICER. Who I found in the middle of that slum a lit- trade—which it already has in big-time yields time to the Senator from Flor- tle area no larger than half the size of numbers—and it is ripe to attract ter- ida? a basketball court neatly swept and rorists. Mr. CRAIG. He would speak as in used as a soccer field. I found there When we start talking about what is morning business. were lots of Americans there trying to in the interest of the United States, it The PRESIDING OFFICER. With the assist with education. had better be one conclusion: to help time now charged against anyone? One of our colleagues from this body, Haiti in the future. If there is hopeless- Mr. CRAIG. Time charged on all Senator DEWINE of Ohio, has been to ness and despair with no way out and sides. Haiti some 12 or 13 times. He contrib- no jobs, what is going to happen? There The PRESIDING OFFICER. Is there utes from his own pocket each year to is going to be a mass exodus from that objection? Time charged on all sides? some of the missions there and a island nation just as there was in the Mr. CRAIG. Yes. Catholic priest who has a school—not beginning of all of this political strife The PRESIDING OFFICER. Without only for the children but a school that occurred over the past few weeks. objection, it is so ordered. afterhours for the parents to come and The Coast Guard has picked up over The distinguished Senator from Flor- learn what their children are learning ida is recognized. 700 people at sea. What is in the inter- so they will be in a position of encour- est of the United States? The Coast HAITI aging their own children to have a Guard doesn’t have to do that. But if Mr. NELSON of Florida. Mr. Presi- chance to escape poverty by opening up people start fleeing in such huge num- dent, moment by moment things are their minds through education. bers that they start overwhelming the unfolding down in the poverty- I saw an extraordinary medical clin- coast of Florida, what does that do to wracked, AIDS-infected, politically un- ic, much of which is assisted by the our social system in Florida? What stable island nation of Haiti. I have United States, in the midst of all of does that do to Immigration and Cus- had quite a bit of commentary on this that poverty and disease—indeed AIDS toms? What does that do in our ability subject since I had sent a letter of Feb- as well. This medical clinic was like a to protect the homeland by securing ruary 10 to the President suggesting beacon of light in the midst of dark- our borders? what should be done. Given the events ness. It was well respected—even by that have unfolded over the weekend— the hooligans who are there. They re- Need I remind you that in a mass mi- the fact that Aristide has fled, the fact spect that medical clinic as well. gration to the United States, is there that the U.S. military is located there Our delegation talked to a Dr. Pap not the opportunity for terrorists to as a first wave of an international se- who has had tremendous success in slip into the country under the cover of curity force to try to establish order— bringing under control the surging that mass migration, not even to speak I want to talk about the future of that numbers of AIDS infections. But when of the drug trade that would be enter- island nation. you start with a huge percentage of the ing our country? Clearly, it is a nation that has been population already infected with I appreciate the time in the midst of troubled for stability, political and AIDS—indeed the highest degree of in- this gun debate. I thank the two Sen- economic. I think what is in the inter- fection in the Western Hemisphere— ators who are leading this debate for ests of Haiti, as well as the interests of then you have to start from a base that allowing me to come and pour out my the United States, is to stabilize that is already out of control. heart. I am not looking to the past nation. It is a nation that has not been I saw industries that were once thriv- now. The past is past. Let us go for- comfortable because of the scores of ing suddenly, because those private en- ward. It is clearly in the interest of the coups d’etat that have occurred over terprises could not get loans—by the United States and it is clearly in the the 200-year history of that little coun- way, what bank was to give loans to an interest of the Haitian people for the

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1906 CONGRESSIONAL RECORD — SENATE March 1, 2004 United States to take the lead eco- urges the Senate to pass a clean bill in that Congress has an opportunity to re- nomically and politically; for institu- order to ensure enactment of the legis- visit it, as we do quite often with laws tions to help them understand and de- lation this year. Any amendment that we are not sure of, and therefore a sun- velop. That should be an international would delay enactment of the bill be- set provision. The year is at hand, the effort outside of the Western Hemi- yond this year, in their opinion, is un- sunset provision is such that this bill sphere. acceptable. For myself, being the au- will expire. The results are in. These France has an interest and has al- thor of the amendment, I clearly agree firearms are not, nor have they been ready offered to help. We should work with that. generally—and I use the word ‘‘gen- with all of the nations of the world The manufacturers or sellers of a erally’’—used in crime. The restric- that want to help this little poverty legal, nondefective product should not tions imposed by this law make no stricken nation. Then we will be doing be held liable for the criminal or un- sense and only create a burden on law- what we should. We will be leading by lawful misuse of that product by oth- abiding citizens and businesses. an example—that what we preach, in ers. It is my opinion we ought to let it ex- fact, we are doing with our daily acts. This is a continuation of the state- pire. Again, it is another one of the bu- Thank you, Mr. President. ment of administrative policy: The reaucratic hurdles we love to put in I yield the floor. possibility of imposing liability on an front of the law-abiding citizens of this The PRESIDING OFFICER (Mr. entire industry for harm that is solely country, knowing full well that the SMITH). Who yields time? The distin- caused by others is an abuse of the criminal on the ground does not play guished Senator from Idaho. legal system, erodes public confidence by the rules, and that in a civil society Mr. CRAIG. Mr. President, we will in our Nation’s laws, threatens the is the law. My arguments of the next not propound a unanimous consent re- diminution of a basic constitutional few moments will show just that. quest because time is burning on the right and civil liberty, sets a poor There continues to be a tremendous clock equally. The unanimous consent precedent for other lawful industries, amount of misinformation about the agreement that brought us here this will cause a loss of jobs and burden firearms banned by this law and what morning largely allocated 4 hours of interstate and foreign commerce. S. the ban has accomplished, so let me go time between 1 and 4 p.m. to debate 1805 would help curb frivolous litiga- through some of the facts. Semiauto- both the assault weapons ban and the tion against a lawful American indus- matic firearms were first introduced gun show loophole argument. try and the thousands of workers it more than a century ago. The first At 4 o’clock, Senator BINGAMAN will employs and would help prevent abuse semiautomatic rifle was introduced in be here to offer his amendment and of the legal system. 1885, the first small pistol in 1890. The that will be debated. We will vote at 5 At the same time, the legislation first semiautomatic gun, the Browning p.m. Following that, the Levin amend- would carefully preserve the rights of automatic 5, was patented in 1900. ment will be debated. Of course, we can individuals to have their day in court Theodore Roosevelt, our United States debate into the evening on either of with civil liability actions. These civil President from 1901 through 1990, hunt- those two issues, if Senators so wish. actions are enumerated in the bill and ed with a semiauto shutgun. Feeling they may not have gained time respect the traditional role of the Today, Americans own approxi- this afternoon to do so, there is no re- States in our Federal system with re- mately 30 million semiautomatic rifles, striction in that. gard to such actions. pistols, and shotguns across the land- For a few moments let me discuss the That is the statement from the ad- scape of this great Nation, approxi- issue that is at hand, the effort to rein- ministration as it relates to this legis- mately 15 percent of privately owned state the assault weapons ban. In Sep- lation. It is important because they are firearms in the United States. About 15 tember of this year the law expires, so asking for a clean bill. percent of all firearms owned in the there is urgency on the part of those Listeners will hear me say time and United States meet the definition of who believe it was an effective law to time again over the course of today semiauto. What are they doing with get it reinstated. I will argue in the and tomorrow as we move to the vote these firearms? Semiauto rifles, includ- next few moments it has made no dif- on these amendments that are being ing many defined as assault weapons— ference and that statistics do dem- debated today: Let’s keep this bill again, a definition of a term based on onstrate certain things, but statistics clean. The legislative year is short. We how a given weapon appears by the 1994 have to be placed in the right context have a bill that is supported now by a Federal gun ban—are used for formal of understanding how they were gained 2-to-1 vote margin in the Senate. This marksmanship, competition, rec- to show the ineffectiveness of this law bill will pass this Senate by a fair mar- reational target shooting, and hunting. and the ineffectiveness of the ban gin. That expresses a bipartisan will of Semiauto shotguns are very widely itself. this Congress to get this bill to our used for hunting, as well as skeet, trap Semiautos are not the weapon of President under the same context as and sporting clay shooting. choice in the commission of nearly all the statement of administrative policy Many of us enjoy that sport and en- the crimes in this country. so spoke. gage in it. Semiautomatic handguns What is important is to understand Let’s talk about the amendment at are used in formal marksmanship com- where we are with S. 1805, the under- hand at this moment, the assault weap- petition, as well as for recreational lying bill and the ability to keep that on or semiauto ban. I prefer to call it shooting and hunting. Many semiauto- bill as clean as possible so that it can a semiauto ban, and during the course matic firearms, including some af- get to the President’s desk. The of the next few minutes you will see fected by the Federal assault weapon semiauto ban, the gun show loophole, why. The word, ‘‘assault,’’ is by itself law, are highly valued by gun collec- and a variety of other issues could sim- an image-getter. It is a cosmetic word tors. They are also commonly kept and ply drag this bill down and deny sub- that defines for some a certain type of used, as witnesses testified during the stantial tort reform in an area that is firearm, at the same time sometimes hearings before the House of Rep- narrow, that is specific, that is clean, as a weapon, obviously sometimes as a resentatives Subcommittee on Crime that says to the American people: Yes, collector’s piece. What more clearly in 1995, for protection against crime we are becoming responsible in denying identifies the issue at hand is the and criminals. the kinds of junk lawsuits that some mechanism of the gun itself, the fire- There is nothing intrinsically more push through the courts to legislate a arm itself. For the next few moments I dangerous about these firearms than public policy that they cannot effec- will speak to that. others. In fact, they do less damage to tively gain by bringing it to the Con- At the time this law was first en- a target than a shotgun does. Clearly, gress of the United States. acted, most in Congress were very the shotgun, given the range, has by That is why the administration has skeptical it would work. That is why far the greater force. And they are been clear in its statement of adminis- there was a sunset provision included functionally identical to thousands of trative policy. On S. 1805, the adminis- in the law. OK, if the law is able to ac- other guns being used for legal pur- tration strongly supports the passage complish this, let’s see if, in fact, it poses in this country today, function- of this legislation. The administration can accomplish that. Let’s make sure ally identical. Many people mistakenly

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 1, 2004 CONGRESSIONAL RECORD — SENATE S1907 believe these are machine guns which down a deer? No, it does not mean that popularity of the AK–47, a foreign rifle, fire more than one bullet when the at all. It is because it is a weapon of and Uzis. Well, they were banned from trigger is pulled. If someone was listen- choice, largely because it is lighter importation in 1989, under Federal fire- ing to this debate and they heard the than many hunting weapons, and it can arms importation law—now 18 USC words ‘‘spraying a crowd,’’ they would be carried by a smaller person. 925(d)(3). The use of gun parts to assem- think of a fully automatic weapon. In this instance, this person’s name ble the same guns in the United States That is simply not the case, and I is Mary. She happens to be a licensed was prohibited by the Unsoeld amend- think that fact needs to be clearly un- hunter in Idaho, and she happens to use ment in 1990. In 1993, the so-called as- derstood. a Colt AR–15. It is a semiauto that uses sault pistols, like the Uzi pistol, were On the contrary, semiauto firearms a 20-round clip. That is what she hunts banned under the importation law. In do not spray bullets. They fire one bul- her deer with. That is what she kills February of 1994, revolving cylinder let per trigger pull. The mechanism her deer with. So she and her boyfriend shotguns—I have heard the words used simply ejects the shell and replaces it wrote us and sent a picture, saying: here, and they were commonly called with another bullet, and you have to Look, what the semiauto ban of 1994 ‘‘Street Sweepers’’ and ‘‘Striker-12s’’— pull the trigger again. That is a does is it eliminates this kind of fire- were banned under the National Fire- semiauto. Let’s remember that fully arm, and, in essence, it eliminates the arms Act. automatic machine guns have been ability of a smaller person to go out So those will still be illegal firearms banned since 1934. This Congress spoke into the brush to hunt deer and to to traffic in, to commerce in. And as a to that in 1934. recreate in that fashion. result of that, it is important that we The Federal assault weapon law is Now, the ban in 1994 did a couple of make the record perfectly clear that set to expire, as I have said. It has pro- things. First of all, it named certain ownership of these prior to the passage hibited the manufacture, since Sep- guns specifically. And I could go of the law but after the passage of the tember 13, 1994, of a semiauto rifle through that list of particular firearms law, these do not go away. equipped with a detachable magazine that it actually named. Of course, the Again, as I have said, after the as- or two or more attachments, such as a Senator from California is very well sault weapons law expires, here is what will happen. American-made rifles, bayonet lug or a flash suppressor, with aware of that in crafting a specific list such as the AR–15, will once again be similar guidelines imposed on hand- of firearms at that time. Some guns it made in their original configurations. guns and shotguns. The manufacture of only named by features. Private citizens will also, once again, large ammunition magazines, holding A semiautomatic rifle that can ac- be able to buy standard capacity am- more than 10 rounds, was also out- cept a detachable magazine and has at munition—magazines usually between lawed. least two of the following is included 13- and 17-round capacity—instead of Now we are beginning to get into within the ban: a folding or telescoping the arbitrarily reduced capacity 10- what is, by those who understand it, stock, a pistol grip that protrudes con- round magazines the law imposed, a viewed as an assault weapon. It is the spicuously beneath the action of the change that will assist in defending physical attributes of two or more at- weapon, a bayonet mount, a flash sup- themselves against criminals and for tachments, such as a bayonet lug and a pressor or threaded barrel, a grenade recreational purposes. In other words, flash suppressor. launcher. But, then again, of course, what a difference a law makes. Assault weapons, large magazines the National Firearms Act already out- Well, in this instance, the difference manufactured before September 13, laws those, so even if this law expires the law made was it kept firearms of 1994, are exempt from the law. Before in September of this year, it still is these type and by definition out of the September 13, 1994, manufacturers ac- going to be illegal to have a grenade hands of law-abiding citizens. But if celerated production to increase inven- launcher, as it should be, unless you you are a criminal, if you want to deal tories available for sale later. are a bona fide collector and have been in the back streets and in the black After the law took effect, the BATF given the authority to collect for col- market, as most criminals do, then you informed manufacturers that they lection purposes. are not going to walk in and try to buy could produce firearms identical to as- A semiautomatic pistol that can ac- one of these off the shelf. That is why sault weapons but without one or more cept a detachable magazine and has at criminals will have them, because you of the prohibited features. And that is least two of the following: again, an cannot acquire them off the shelf be- a reality today. So again, when I use ammunition magazine that attaches to cause it is illegal under the current the word, ‘‘cosmetic,’’ there is a lot the pistol outside of the pistol grip; a law, and you would not be able to any- more truth to that than fiction. If it threaded barrel capable of accepting a way if you were a criminal. It is the does not look this way, if it does not barrel extender, flash suppressor, for- law-abiding citizens who subject them- have this particular item on it, but it ward handgrip, or silencer; a shroud selves to the laws, as they should. shoots identically and it has the same that is attached to, or partially or Now, is this statistic that I have in firepower, well, then it is legal. completely encircles the barrel, and front of me accurate? The Senator Also, new models of semiautomatics that permits the shooter to hold the from California had a chart a few mo- have been introduced, and the produc- firearm with the nontrigger hand with- ments ago that would indicate quite tion of some previously discontinued out being burned; a manufactured the difference. In fact, she showed a de- models has resumed. weight of 50 ounces or more when the clining number in the statistics. This The ban affects firearms never widely pistol is unloaded; and a semiauto- statistic is accurate. Bureau of Justice used in crime, according to a study matic version of an automatic firearm. statistics, Department of Justice: Be- conducted by Congress—the Urban In- That is how technical this law has fore the semiautomatic firearms ban, stitute, Impact Evaluation of the Pub- become. less than 2 percent of crimes in this lic Safety and Recreational Firearms Here is another one: a semiautomatic country were semiauto. After the ban, Use Protection Act of 1994. shotgun that has at least two of the 1997 and forward, less than 2 percent According to the FBI, rifles of any following: a folding or telescoping were. Same figure. kind are used in only about 3 percent of stock, a pistol grip that protrudes con- How is it possible, then, that the homicides—only about 3 percent of spicuously beneath the action of the Senator from California gets the sta- homicides. weapon, a fixed magazine in excess of tistic and the chart that shows the de- Here is an explanation of why a law- five rounds, and an ability to accept a cline? I am not suggesting she mis- abiding gun owner would purchase one detachable magazine. represents this chart, because I believe of these firearms. Now, I pulled it out But here is something that is impor- this chart to be accurate, and I believe of my files because I thought it was a tant to understand. You know the old it is accumulated in a nonbiased way. good one because the Senator from phrase, ‘‘Let’s make the record per- Let me try to talk about the use of California said: Well, these weapons fectly clear.’’ I think it is appropriate. and/or the misuse of what is known as are not for hunting purposes. What were banned by other laws that tracing data. There is a problem when Yes, some people do hunt with them. will still be banned after this law ex- using firearm commerce tracing re- Does it mean you simply machine gun pires? I think I heard reference to the ports justifying any assault weapon

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1908 CONGRESSIONAL RECORD — SENATE March 1, 2004 law. Let me try to walk you through are collected, they are viewed as heav- cided they would go through the courts this. Is this technical? It is a bit tech- ily inaccurate if used in certain con- and they would begin to, by law or by nical. But the CRS looked at it and texts. To determine the extent to action of the court, attempt to legis- they agree with this figure. That is the which assault weapons have been used late those kinds of actions—in this research service that we employ in a in crimes, we have to look at State and case, by penalizing a law-abiding cit- nonpartisan way to give us accurate local law enforcement agency reports izen for a third party action. facts and statistics about those items on prime weapons. That is the Depart- Let me close with this thought. It we debate on the floor. ment of Justice’s felony survey and the happened to me once again this morn- More than a decade ago, the CRS ex- congressionally mandated study on the ing. I was on the phone to my State of amined the firearms tracing system in assault weapon law. They all show as- Idaho in a radio interview. The inter- the context of the assault weapon issue sault weapons have been used in only a viewer said: and determined that information de- very small percentage of violent Senator, we watch what you are doing on rived from traces should not be used to crimes. That is the reason for that sta- the floor of the Senate. How is that any dif- determine how often any kind of tistic. ferent from suggesting that— guns—not just assaults or semiautos— Well, getting technical about a tech- And he used the particular auto- were used by criminals. One of the key nical issue is important. We can talk mobile, the Chevy truck. He said: limitations of the tracing system is the about all of the dramatics and the How is what you are doing any different fact most guns that are traced have tragedies that happen when firearms from suggesting if a drunk driver uses a not been used to commit violent are misused. We can talk about Col- Chevy truck and runs over someone and kills crimes, and most guns that are used to umbine, and there are a lot of kinds of them, that Chevrolet is responsible for that commit violent crimes are never things that are, appropriately so, to third party action? traced. The tracing system was de- emote the kind of emotion all of us feel I said: signed to collect statistics. The Con- and understand when these kinds of Frankly, there is no difference. That is gressional Research Service said this: firearms are used improperly and ille- why it is important that this Congress rein- Fire arms selected for tracing do not con- gally. state the historic tort law as we understand stitute a random sample and cannot be con- But what happens when we start ban- it. Individuals are held responsible for their sidered representative of the large universe ning them, we have all learned, is that actions. That is what the administration is of all firearms used by criminals or of any it is the law-abiding citizen who may asking us to do. subset of that universe. own them and use them responsibly That is what we are doing in S. 1805. CRS also noted that: and who may be collecting them that is Let’s not extend the assault weapon A law enforcement officer may initiate a blocked by the law. The criminal is ban, add it to S. 1805 and risk a failure trace request for any reason. No crime need not. to pass this very important piece of be involved. In this survey that the Department legislation. It pointed out that the Bureau of Al- of Justice uses, they go out and survey I yield the floor. cohol, Tobacco, and Firearms and Ex- criminals. They surveyed 14,000 of them The PRESIDING OFFICER. The Sen- plosives admitted: locked up in prison and, as a result of ator from California. It is not possible to determine if traced that, that figure, along with a good Mrs. FEINSTEIN. Mr. President, I firearms are related to criminal activity. many others, I think clearly dem- hope I will have an opportunity to In other words, it is just a matter of onstrates the dramatic and important rebut the distinguished Senator’s com- gaining certain statistics on certain side of this issue. ments. I find it very interesting that items. Well, I will talk through the balance suddenly gun trace information is not One problem with the tracing system of the day on this issue. But I think it acceptable information, but we can go in the context of assault weapons is is important that we demonstrate in out and do a survey of criminals, and that before the assault weapon law was its appropriate context the information that is an acceptable way of evaluating enacted, traces on those guns were re- we are providing. the success or failure of the assault quested disproportionate to their use In my opinion, based on CRS’s stud- weapons legislation. I don’t buy it. In in crimes. That is because there was so ies, based on the Department of Justice my view, tracing guns to crime is an much political interest in the guns at studies, to say the assault weapons ban appropriate way. the time. It was the talk of the day, if law has dramatically worked since 1994 I ask unanimous consent to have you will. It was the placebo of action in is inappropriate. The reality is that it printed in the RECORD the executive 1994 that gave us the political law we was less than 2 percent in 1991, and less summary of a new report out on ‘‘Tar- have today that still represents those than 2 percent after its passage in 1997 get: The Impact of the 1994 Federal figures, known as the assault weapons and beyond. That statistic holds today, Civil Assaults Weapons Legislation.’’ ban. That is why it was dispropor- in my opinion, based on the sources There being no objection, the mate- tionate. Why? Political interests, a lot that I quote, which I believe are valid rial was ordered to be printed in the of questions being asked. and justifiable. There are a good many RECORD, as follows: Certainly crimes that were com- more statistics that I can talk about, EXECUTIVE SUMMARY mitted using a semiauto or an assault and we will throughout the course of To evaluate the questions below, the Brady weapon in this percentage of 2 percent the day. Center to Prevent Gun Violence asked Crime or less were highly dramatized at the Let me return to my initial argu- Gun Solutions LLC to review and analyze time. That is because there was, again, ment. I think we have the opportunity national crime gun trace data maintained by so much action today. A decade later, to, in a very narrow and specific way, the Bureau of Alcohol, Tobacco, Firearms they constitute a smaller share of protect law-abiding people—gun manu- and Explosives (ATF). This data represents traces because there has been less in- facturers, licensed gun dealers who guns nationwide that have been illegally pos- terest in them and because other guns play by the rules that this Congress sessed, used in a crime, or suspected of being has laid down, and provide a quality used in a crime, thereafter recovered by law are now being traced more heavily. In enforcement, and then traced to learn about other words, the decline in the Sen- product to Americans under their sec- the sales history of the gun. ator’s chart, in my opinion, represents ond amendment rights. But what we Has the Federal Assault Weapons Act re- that shift in attitude and in attention, now see is a class of lawsuit out there duced the incidence of assault weapons in if in fact you use tracing data as a way that is designed for one reason: to con- crime? to determine that semiautos/assault trol guns. It is a new form of gun con- Yes. In the five year period (1990–1994) be- weapons are being used in the commis- trol, because the gun control advocates fore enactment of the Federal Assault Weap- sion of the crime. That is the reason of this country who continually came ons Act, assault weapons named in the Act to Congress through the 1960s, 1970s, constituted 4.82% of the crime gun traces for this statistic from the Department ATF conducted nationwide. Since the law’s of Justice. and 1980s, saying we have to have gun enactment, however, these assault weapons While they look at these kinds of sta- control to save people’s lives, found out have made up only 1.61% of the guns ATF tistics, they don’t believe them valid. that we read the statistics, we looked has traced to crime—a drop of 66% from the Because of the method by which they at the facts, and we said no. They de- pre-ban rate. Moreover, ATF trace data

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 1, 2004 CONGRESSIONAL RECORD — SENATE S1909 shows a steady year-by-year decline in the this country—every single one. Fur- who I have known and continue to percentage of assault weapons traced, sug- thermore, it has the support of the Na- know and call my good friends, what is gesting that the longer the statute has been tional League of Cities, the United it people fear and police officers fear? in effect, the less available these guns have States Conference of Mayors, and the One thing is someone comes in and become for criminal misuse. Indeed, the absolute number of assault weapons traced has U.S. Conference of Catholic Bishops. they have a big clip, and they can just also declined. This is for good reason. shoot, shoot, shoot, and shoot and This decline is extremely significant to Prior to the 1994 ban, the Cox news- nothing will stop them—15, 20, 30 law enforcement and has clearly enhanced paper service conducted a survey using rounds. public safety, especially since these mili- data from the Bureau of Alcohol, To- What does this law do? It limits it to tary-style weapons are among the deadliest bacco, and Firearms. That study found 10. That is an arbitrary figure. It could ever sold on the civilian market. For exam- that assault weapons were 20 times have been something different. We un- ple, if the Act had not been passed and the more likely to be used in a crime than derstand that. At least it limits it to banned assault weapons continued to make up the same percentage of crime gun traces a conventional firearm. This, therefore, 10. That makes some sense. Yes, some- as before the Act’s passage, approximately is a question of public safety. one could put the other clip in and con- 60,000 additional assault weapons would have It is to me disconcerting that we still tinue on, but there is a period of time been traced to crime in the last 10 years—an hear complaints about extending the where they have to stop and do that. average of 6,000 additional assault weapons duration of the ban. One stated concern What law enforcement people tell us is traced to crime each year. is the ban may somehow accidentally that period of time, when you have a Have industry efforts to evade the Act infringe on the rights of law-abiding mass murderer who is intent on killing through ‘‘copycat’’ assault weapons elimi- gun owners. For example, some people nated its positive effects? as many people as he or she can, is val- No. After the Assault Weapons Act was worry the ban may affect hunting or uable, that period of time is significant passed, gun manufacturers sought to evade recreational rifles. The ban has been in from a law enforcement point of view the ban by producing weapons with minor effect for almost 10 years now and that and it maybe will save lives. In some changes or new model names. The Act was has not been a problem so far. cases, it will save lives. designed to prevent this occurrence by defin- What is the compelling reason to re- Law enforcement will be able to ing assault weapons to include ‘‘copies or du- peal this law, because that is, in effect, react in that period of time and lives plicates’’ or the firearms listed in the ban in what we would be doing if we do not ex- will be saved and shots will not be able any caliber, though this provision has never tend it? What has been the problem? been enforced. Yet, even if copycats of the to be taken, and that criminal, that federally banned guns are considered, there How many of us have heard from our person who maybe is insane, will be has still been a 45% decline between the pre- hunters? How many of us have heard stopped, disabled, or killed by law en- ban period (1990–1994) and the post-ban period from people who want to use a firearm forcement, by a bystander, by someone. (1995 and after) in the percentage of ATF in a proper way to protect themselves That, from a law enforcement point crime gun traces involving assault weapons or for recreation purposes, that this of view, is the most effective part of and copycat models. particular law is somehow infringing this bill. In my opinion, at least, and in The results of this study make it clear upon their rights? I do not think we the opinion of many people in law en- that the United States Congress needs to forcement with whom I have talked, renew the Federal Assault Weapons Act. If have. the Act is not renewed, a decade of progress This law will not be a problem in the that is the heart of this law we have could be lost and thousands of additional as- future either because this legislation today, and I think it is the heart of the sault weapons are likely to be used in crime specifically provides protection of 670 Feinstein amendment. She is attempt- in the future. different types of hunting and rec- ing to do something that is not revolu- Mrs. FEINSTEIN. Mr. President, I reational rifles that are presently tionary. All she is trying to do with would like to recognize the presence of being manufactured. This list is by no this very modest amendment is to keep the Senator from Ohio and cede 10 min- means meant to be exhaustive. A gun current law. Let me emphasize that. A utes of time to him. does not have to be on the list to be vote for the Feinstein amendment is a The PRESIDING OFFICER. The Sen- protected. vote for the status quo. It is a vote to ator from Ohio. Furthermore, the ban does not just keep current law. I urge my colleagues Mr. DEWINE. Mr. President, first, I protect the right to purchase and use to follow that law. thank my colleague, Senator FEIN- rifles. It also protects a wide range of The assault weapons ban prevents STEIN, for her great work in this area. guns because it only affects those the manufacture of new high-capacity I rise today in support of her amend- weapons with no legitimate use. military style magazines for sale to the ment to reauthorize the 1994 assault We know why American citizens buy general public. Indeed, the guns we weapons ban which is set to expire guns. The most common answer to the banned were designed to work in con- later this year. I thank her for her question of why we buy a gun is protec- junction with these high-capacity mag- great leadership in this area. tion, hunting, target shooting, and azines. Many of them are able to hold Since it took effect in 1994, the as- other legitimate reasons. These are 30 or 40 rounds in each magazine. That sault weapons ban has been an effective very legitimate uses for legally ac- is 30 bullets that can be fired rapidly tool in curbing crime in this country. quired firearms. The firearms included without ever reloading. The assault weapons ban has made it in the assault weapons ban do not ef- This is far more ammunition than a more difficult for vicious criminals to fectively serve any of these purposes. hunter, sportsman, or individual con- get access to firearms that are de- No legitimate gun owner need have a cerned with self-protection needs in signed really only to maximize the weapon such as the TEC–9 that has one magazine. This deadly combination number of shots that can be fired and been talked about before. I will not of large clips and rapidly firing guns is people killed in a short period of time. take my colleagues’ time to talk about not characteristic of recreational guns It is the only reason they exist, the this weapon, but it is not a legitimate or guns used for personal protection. only reason they are made. The ban weapon for anyone but a criminal who We all know that. Neither is a threaded has allowed us to keep these dangerous wants to see how quickly he can kill a barrel designed to accommodate a si- weapons out of the hands of dangerous large number of people. lencer, a feature that is much more criminals and has helped make our Probably the most important reason useful to assassins and snipers than it streets safer. to have this ban, if we really want to is to a sportsman; or a bayonet mount Banning these weapons is smart law analyze it, is that it limits the number that allows a knife to be attached to enforcement and it is good public pol- of rounds in a clip to 10. What signifi- the front of a rifle; or a grenade icy. Continuing the ban is simply the cance does this have in regard to law launcher. Again, it was provided in this right thing to do. enforcement? Maybe if I can go back to bill. Does a grenade launcher sound I am not alone in this assessment. my days as a county prosecuting attor- recreational? The assault weapons ban reauthoriza- ney and draw upon my conversations I Under this provision, the Feinstein tion has the support of the White had not just then but throughout the amendment, and under current law, we House and also has the support of every years with my friends in law enforce- do not outlaw a gun unless it has two major law enforcement organization in ment, some of my police officer friends of these features. It has to have two of

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1910 CONGRESSIONAL RECORD — SENATE March 1, 2004 them. I think it is a pretty modest law, Mrs. FEINSTEIN. I suggest the ab- ground check upon anyone who pur- and a pretty modest amendment. sence of a quorum. chases a weapon from you. But if you The assault weapons ban does not The PRESIDING OFFICER. The are an unlicensed dealer, i.e. someone outlaw a gun if it has one of these fea- clerk will call the roll. who does not engage in the sale of fire- tures. It only outlaws a gun with two The assistant journal clerk proceeded arms, then there is no requirement or more of these features. to call the roll. that you conduct this background These are dangerous weapons that do Mr. REED. Mr. President, I ask unan- check. It turns out that at gun shows not belong on our streets. I urge my imous consent that the order for the there are many licensed dealers but a colleagues to talk, as I have, to law en- quorum call be rescinded. significant number of unlicensed deal- forcement officers in their States. Talk The PRESIDING OFFICER. Without ers. to the mayors of their cities, talk to objection, it is so ordered. They come and sell their wares at people who are on the front lines and Mr. REED. Mr. President, I ask that that show. In fact, you can go up to one who might potentially have to deal time allocated to Senator MCCAIN, co- table at a gun show and ask about a with these types of weapons if we do sponsor of the gun show amendment weapon. A licensed dealer would pre- not reenact this law. They will say with myself, be given to me for such sumably quote you a price and say, I these weapons are a threat to law en- time as I may consume. also have to conduct a background forcement and to the general public. The PRESIDING OFFICER. Without check under Federal law. You can step These weapons are not for hunting. objection, it is so ordered. 3 or 4 feet away to another table to an They are not for self-defense. It is time Mr. REED. Mr. President, we are de- unlicensed dealer, someone who to once again reauthorize this law. bating legislation that is a serious en- ‘‘knows the business’’ of selling weap- I yield the floor. croachment on the common law of neg- ons, where in fact you don’t have to do The PRESIDING OFFICER. The Sen- ligence. It is a legislative proposal a background check. He says, ‘‘I don’t ator from California. that, in my view, is audacious in its have a license. This is the price I want Mrs. FEINSTEIN. Mr. President, I breadth and also something that is pre- for it.’’ thank the Senator from Ohio for his sumptuous, presumptuous in the fact It is not fair. It also allows for the comments and for his support. I very that, at the heart of this legislation, distribution of this weapon into society much appreciate it. any liability for a gun dealer or a man- in a way that can be harmful. The Col- One of the issues is that those States ufacturer or a trade association would umbine case is an example of that. Sen- that have big cities see how these rest on a violation of a statute, a Fed- ator MCCAIN and I are proposing legis- weapons are used, and in the big cities eral or State statute. Of course that lation that will close this loophole. they are used by gangs. So the argu- presumes we are wise enough and Again, back in 1999, in the wake of ment of the collector versus the argu- bright enough to provide a statutory Columbine, Senator LAUTENBERG pro- ment of the majority who wants to be answer to every question posed by life. posed legislation that passed this body. protected from these weapons is what And I don’t think we are. It was, unfortunately, stripped out of we are talking about today. That is, in effect, one of the reasons the legislation before it reached the The distinguished Senator from why the law of negligence arose. It was desk of the President. We hope to offer Idaho referred to them as just semi- not a response to the fact that we have an amendment tomorrow morning, and automatic firearms, really no different too many laws; it was a response to the hopefully it will be agreed to. from other firearms. I do not see it fact we had laws that did not require a It is very important to have an ac- that way at all. Many of these come standard of care in every circumstance. tive framework for the regulation of with collapsable stocks. They come This legislation presumes we will gov- firearms in the country. It is impor- with 20-round clips. Two 30-round clips ern every conceivable item of conduct tant because in many cases we have can be put together, and two banana and if one of those items of conduct is avoided subjecting firearms to the reg- clips, and have 60 rounds. The trigger violated, a statutory requirement, then ulation which is common for other can be adjusted so that with some of liability will arise. That defies human goods that are sold in commerce. Fire- these weapons one can fire as many as, experience. arms are exempt from consumer prod- believe it or not, 30 bullets in 3 sec- Again, that is why our system of law uct safety laws that apply to virtually onds. That cannot be done with a re- over centuries developed the notion every other product in the country. volver and with most rifles. that outside of laws there is another I think it is important when we have So these are different weapons, and standard. That is the standard of rea- public sales of firearms that we should those of us who support this legislation sonable conduct. That is a standard have a situation in which every dealer essentially believe they do not belong that says an individual should act in a is required to conduct a background on our streets. No collector is stopped way that does not reasonably lead to check on the purchase. from collecting one of these weapons. A the injury of another. The Bureau of Alcohol, Tobacco, and collector can still buy one of these We are upsetting that totally with Firearms reported to Congress in 2000 weapons. What is stopped is the manu- this legislation. One example of the de- that gun shows are a major source of facture and sale of new weapons. The ficiency of the current legislation that gun trafficking, responsible for 26,000 existing stock is still around. we have, the legislative framework, is illegal firearms sales during the 18- I yield the remainder of my time. the governance of gun shows. These are month period they studied these sales. The PRESIDING OFFICER. Who sales of weapons in public areas that That suggests to me this is an issue yields time? take place in most jurisdictions of this that must be dealt with and must be Mrs. FEINSTEIN. I suggest the ab- country—in many, many jurisdictions. dealt with in this legislation. They sence of a quorum. We became aware of one of the glaring have told us many of these purchases The PRESIDING OFFICER. The shortcomings of this legislative frame- are by convicted felons, domestic abus- clerk will call the roll. work after the Columbine killings. ers, and other prohibited purchasers The assistant journal clerk proceeded There, two very disturbed young men who cannot obtain a weapon if they go to call the roll. were able to obtain a weapon through a to a licensed dealer and have a back- Mrs. FEINSTEIN. Mr. President, I gun show. They used this weapon and ground check. ask unanimous consent that the order other weapons to go in to wreak havoc At least three suspected terrorists for the quorum call be rescinded. in Columbine High School: classmates that we know have also exploited the The PRESIDING OFFICER. Without dead, families shattered, a community rules to acquire firearms, including one objection, it is so ordered. in turmoil. suspected member of al-Qaida. Mrs. FEINSTEIN. Mr. President, I At that point, this body moved very Under Federal law, Federal firearms ask unanimous consent that during the appropriately to try to close the gun licensees are required to maintain quorum call the remaining time be show loophole. What is this gun show careful records of their sales and, under equally divided between the two sides. loophole? It is very simply stated. If the Brady Act, to check the pur- The PRESIDING OFFICER. Without you are a licensed Federal firearm chaser’s background with the National objection, it is so ordered. dealer, then you must conduct a back- Instant Criminal Background Check

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 1, 2004 CONGRESSIONAL RECORD — SENATE S1911 System. However, as I explained, a per- filing of such an order to notify the but a 10-day waiting period for all gun son does not need a Federal firearms li- NIC system. sales. Yet gun shows continue to thrive cense, and the Brady Act does not The bill also directs the Attorney there. apply, if the person is not ‘‘engaged in General to work with States to encour- We are not trying to end gun shows. a business’’ of selling firearms pursu- age the development of computer sys- We are trying to end the free pass we ant to Federal law. tems that would allow courts to pro- are giving to terrorists and convicted These unlicensed sellers make up to vide electronic records to NICS imme- felons that allows them to simply walk one quarter or more of the sellers of diately. The Bureau of Justice Statis- into a gun show, find an unlicensed fel- firearms at thousands of gun shows in tics would conduct an interim review low, buy whatever weapons they want, America each year. Consequently, fel- of all certified States to ensure they and walk out without a Brady back- ons and other prohibited persons who continue to meet the conditions of the ground check. want to avoid Brady Act checks and 24-hour background check and certifi- In overwhelming numbers, gun own- records of their purchases buy firearms cation. ers believe a background check should at these gun shows. It stands to reason The amendment Senator MCCAIN and be required whenever a firearm is sold if you are a felon and you know the I will offer tomorrow differs in several at a gun show. An October 2003 poll system and know that if you go to a li- respects from the legislation Senator found 85 percent of gun owners support censed dealer you have to have a back- MCCAIN and I proposed last fall. closing the gun show loophole, that 83 ground check, where do you go? You go First, gun show operators would not percent of those who have attended gun to someone who doesn’t have to con- be required to notify the Attorney Gen- shows support closing the loophole as duct a background check. In many eral of plans to hold a gun show. This well. cases, it is gun shows and unlicensed provision was included in previous leg- The people of Colorado—one of sev- dealers. islation, but it has been stricken from eral States—confirmed this widespread As I also mentioned, 5 years ago, Eric the amendment. Thus, there will be no support after Columbine when they ap- Harris and Dylan Klebold killed 13 peo- requirement for a gun show operator to proved a ballot initiative to close the ple at Columbine with weapons pur- notify any Federal agency about plans gun show loophole. President George chased from an unlicensed seller at a to operate a gun show. Bush said repeatedly during the 2000 gun show. The woman who purchased Second, gun show operators would campaign he supported legislation to those guns on behalf of Harris and not be required to notify the Attorney require background checks at gun Klebold testified to the Colorado Legis- General of vendors who sell firearms at shows. lature she would never have purchased gun shows. Again, this is a provision We hope tomorrow this amendment the weapons had she been required to that has been dropped from previous will be adopted so the President can undergo a background check. Had we legislation. The ledger of vendors at a sign a bill which he has indicated had those background checks in place, gun show would be maintained at the clearly and repeatedly throughout the then we might have avoided a terrible permanent place of business of the gun 2000 campaign that he supports. I urge tragedy at Columbine. show operator. my colleagues to support the McCain- We are united in this bipartisan leg- Let me repeat that our amendment Reed amendment so we can finally islation, Senator MCCAIN and myself contains no requirement for gun show close the loophole in every State and and other cosponsors, and we have operators to notify any Federal agency make sure that convicted felons, do- brought together provisions from sev- about the names of firearms vendors at mestic abusers, and other prohibited eral previous gun show bills to make gun shows. Therefore, the amendment persons do not use gun shows to pur- gun show transactions safer for all would not, as the NRA has claimed, in chase firearms without the background Americans. The amendment we will their words, create ‘‘gun owner reg- check. propose tomorrow will require Brady istration.’’ It would not do that. There has been some discussion and law background checks on all firearms Third, our amendment does not au- rebuttal by those who say this is un- transactions at any event where 75 or thorize the Department of Justice to necessary because this is not an oppor- more guns are offered for sale. Three draft regulations concerning how gun tunity for felons to obtain weapons. In years after enactment, States could shows notify each gun show patron on fact, the NRA maintains there is no apply to the Attorney General of the the provisions of the law. gun show loophole. What is the truth? United States for certification for a 24- Again, in previous editions of legisla- Under Federal law, licensed dealers hour background check for unlicensed tion, there was a requirement they must do background checks at gun sellers at gun shows. In order to be eli- would inform patrons about the provi- shows, but unlicensed dealers do not. gible for this 24-hour certification, a sions of the law. This legislation does Thus, at thousands of gun shows each State would be required to have 95 per- not contain such a provision. year, a licensed firearm dealer must cent of its disqualifying records auto- The NRA has claimed, in keeping conduct a background check, while 2 mated and searchable under NICS, in- with their longstanding tradition of ex- feet away an unlicensed dealer is able cluding 95 percent of all domestic vio- treme rhetoric, our bill would create to sell a weapon without a check. That lence misdemeanor and restraining or- ‘‘massive bureaucratic red tape’’ and suggests strongly—it would defy com- ders dating back 30 years. give a so-called ‘‘antigun administra- mon sense otherwise—that if you are If a State can show their records are tion’’ the power to ‘‘regulate gun shows looking to get a weapon and you are accessible through the system, if they out of business.’’ That was never true prohibited from having one, where are updated, if they cover the range to begin with. But the changes Senator would you go? Right to the unlicensed not only of felony convictions and MCCAIN and I have made to our amend- dealer, right to that loophole. Put the other criminal convictions but also do- ment should put these accusations to money on the table and take the weap- mestic violence, misdemeanors, and re- rest. on and walk out, no questions asked. straining orders, then they could have The overriding purpose of our bill is According to the NRA, they suggest a system in which an unlicensed dealer to require background checks on all hundreds of thousands of guns are sold could have the check resolved in no gun show sales in the most convenient each year at gun shows without these more than 24 hours. manner possible for gun show opera- background checks—that is their own Before certifying a State for this 24- tors, unlicensed sellers, and private statement—hundreds of thousands of hour background check, the Attorney citizens who seek to purchase firearms guns not subject to background checks. General would be required to establish at gun shows. It is not fair. I have talked to my col- a toll-free telephone number to enable I have no doubt the gun lobby will leagues from States that have quite a State and local courts to immediately continue to say this is an attempt to few gun shows and they simply say, notify the NIC system anytime a do- end gun shows. But the experience of what sense does it make that someone mestic violence restraining order is States that have closed the gun show who walks into a Target or a Wal-Mart filed, and courts within a certified loophole proves otherwise. to buy a weapon has to undergo a Fed- State would be required to use the tele- California, for example, requires not eral firearms check and they can just phone number immediately upon the only background checks at gun shows walk across the street to some type of

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1912 CONGRESSIONAL RECORD — SENATE March 1, 2004 gun show and get one without a back- criminals. Thomas Timms was arrested exploiting terrorism to make their ground check. That is not fair. It is not last October with 147 guns, 60,000 case. The truth is, we know three cases an even playing field. It is a loophole. rounds of ammunition, a submachine where suspected terrorists exploited We hope we can close that loophole to- gun, a 20 millimeter antitank rifle, a the gun show loophole. Ali Boumelhem, morrow. 12-gauge ‘‘street sweeper’’ and a rocket a Lebanese national and member of the The NRA says if we adopt this legis- launcher. According to Federal agents, terrorist group Hezbollah, was arrested lation we will put gun shows out of he had been selling large quantities of and convicted of attempting to smug- business. That is not true, either. Sev- weapons at Georgia gun shows that gle firearms he bought from Michigan enteen States have closed the gun show were used in crimes in Washington, DC, gun shows to Lebanon. loophole on their own. According to New York, and Georgia. Muhammed Nasrar, a Pakistani na- the Krause Gun/Knife Show Calendar, Caesar Gaglio was arrested in Sep- tional in the country on an expired which bills itself as the complete guide tember after selling 11 guns to under- visa, admitted to buying and selling for anyone who attends or displays at cover agents and was among 5 unli- firearms at Texas gun shows. Nasrar is gun shows, States which closed the censed sellers caught with 572 guns in a suspected al-Qaida member who ob- loophole hosted more gun shows each an undercover sting that encompassed tained a pilot’s license, had photos of year than States which have left this gun shows in Oklahoma, Kentucky, and tall buildings of American cities, and, loophole open: an average of 45 gun Kansas. though seemingly impoverished, at- shows per year in the 17 States which John Loveall and eight others were tempted to purchase a time share for a have closed the loophole compared to arrested in June for selling firearms to Lear jet. felons or people under indictment at 41 in the other 33 States. Connor Claxton, an admitted member Tennessee gun shows. They were ar- The NRA also says lengthy back- of the Irish Republican Army, spent rested with 500 guns in their posses- ground checks take too long for week- over $100,000 at Florida gun shows and sion. In the words of the Federal attor- end gun shows. But thanks to improve- through other private dealers to obtain ney, this is 500 guns that will not wind ments made by the NIC system, Na- firearms to smuggle to Ireland. tional Instant Recovery background up in the hands of criminals to use, to rob, or to shoot or murder citizens of The National Rifle Association says system, 91 percent of the background also the McCain-Reed amendment cre- checks take less than 5 minutes; 95 per- Memphis or anywhere else in the western district of western Tennessee. ates gun owner registration. Not cor- cent take less than 2 hours to com- rect. plete. For 19 out of 20 background Tommy Holmes pleaded guilty in Oc- tober for being part of a trafficking The truth: Special firearms event li- checks, instant checking is truly in- censees, those who are certified to per- stant, within minutes, and no more scheme that included a known felon buying scores of guns at Alabama gun form background checks for unlicensed than 2 hours. Of the remaining 5 per- firearms vendors at gun shows, are recent that take longer than 2 hours, shows to sell on the streets of Chicago. Fifteen of the firearms have been required to keep the same records as fed- about one-third of these result in a de- covered in the course of criminal inves- erally licensed firearms dealers, no nial because they have found informa- tigations or at crime scenes. more or no less. Unless one argues that tion indicating the individual is pro- Bud Varnadore was sentenced to pris- buying a firearm from a licensed dealer hibited from purchasing a weapon. on in November for trafficking in fire- constitutes gun owner registration, Also, as indicated, our amendment arms at Tennessee gun shows. He was then one cannot argue this amendment gives the State the opportunity to caught in a sting that identified 23 constitutes gun owner registration. qualify for a 24-hour background check other suspicious sellers and recovered The NRA says the McCain-Reed for unlicensed sellers at gun shows if it over 1,600 firearms. Tennessee is a amendment requires gun show opera- has automated 95 percent of its back- ‘‘source State’’ of guns for criminals, tors to register all firearm vendor ground check records. These checks through unlicensed dealers, according names to the Federal Government. can be made, they will be made, they to AFT Special Agent James The truth: The amendment does not are being made without inhibiting gun Cavanaugh. require this. Gun show operators are shows on behalf of licensed dealers who Nigel Bostic and two accomplices not required to submit a list of vendors sell at the shows. The idea that requir- were arrested for buying 239 firearms to the Federal Government. Gun show ing unlicensed dealers to get a back- at 11 Ohio gun shows and reselling operators are only required to main- ground check would disrupt gun shows them to criminals in Buffalo, NY. At tain their own paper records of those is, in my view, completely unsubstan- least one was recovered in a homicide. who sell firearms at gun shows. tiated. In one instance, Bostic purchased 45 The NRA says criminals do not buy The NRA says the McCain-Reed firearms and his accomplice purchased amendment requires registration of guns from gun shows. The truth is, 85 guns. ‘‘We are still finding guns that crime guns do come from gun shows gun shows. have been used in crimes and tracing The truth: The amendment does not and it has been documented. That is them back to him,’’ said Buffalo Police according to ATF Special Agent Jeff require gun show operators to register Lieutenant Amy Marracino. or notify the Federal Government Fulton. In a comprehensive ATF report Viktor Mascak was arrested on 56 about the scheduling of any gun shows. on illegal guns, they found gun shows counts of trafficking in firearms at A gun show notification requirement in were the second leading source of fire- Washington State gun shows. At least our bill has not been included in this arms recovered in illegal gun traf- five of Mascak’s guns were recovered in amendment. We struck it. The Federal ficking operations. crimes, including one that was carried Government has no role in approving The NRA says also the Department of into Hanford Middle School by a 13- or denying gun shows from operating Justice survey of prison inmates found year-old. only 2 percent of prisoners obtained Billy Gage and Lowell Ronald Wil- in any way. their firearms from the gun shows and son, a felon, were arrested at the The NRA says the McCain-Reed flea markets. The 1997 survey at the Seagoville flea market outside of Dal- amendment allows harassment of gun NRA sites admits an obvious flaw: The las with 2 machine guns, 91 handguns, show organizers and vendors. gun show loophole did not exist until and 49 rifles. They were apprehended The truth: Federal authorities will the Brady law passed at the end of 1993, after a 9 millimeter pistol they sold to have no more inspection authority over requiring background checks by li- a felon was used to murder Garland gun show operators than they have now censed dealers. Thus, any criminal im- County Police Officer Michael Moore. with licensed firearms dealers. There is prisoned before 1994, or inmate who ac- This is quite a record of criminals ex- no new inspection authority over any quired a firearm before 1994, could go ploiting gun shows and exploiting the vendors in this amendment. to a gun store without having to under- current loophole. If we do not close it, The NRA also says the McCain-Reed go any type of background check. The there will be more to add to this infa- amendment creates massive bureau- survey they rely upon is invalid. mous list. cratic redtape. We have several recent examples of The NRA says supporters of closing The truth: This amendment is re- gun show loopholes being exploited by the gun show loophole are shamefully markably redtape free. There are no

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 1, 2004 CONGRESSIONAL RECORD — SENATE S1913 new paperwork requirements for unli- of them extremely dangerous weap- cash, which he exchanged for the M–16. censed sellers. The Federal Govern- ons—without any questions asked, He was seen leaving the gun show with ment has no role in approving or dis- where would you go? You would go a plastic bag that, in the language of approving gun show events. Gun shows right there. the agent, ‘‘comports with the size and are under no obligation to notify Fed- All the principles of law, all the prin- shape of an M–16 receiver.’’ eral authorities about their intent to ciples of legal theory, have to respond Mr. Boumelhem himself purchased a hold an event. to that commonsense insight. The weapon at a gun show. Had the The NRA also says the McCain-Reed McCain-Reed amendment seeks to McCain-Reed amendment been in ef- amendment turns casual conversations make a commonsense response to this fect, the individual would have been re- into gun show sales. glaring omission, to close the loophole, quired to have conducted a background Not true. The amendment clearly de- to require anyone purchasing a weapon check of Mr. Boumelhem, and he would fines a firearms transaction as ‘‘the at a gun show must go through a back- have been denied the right to buy that sale, offer for sale, transfer, or ex- ground check, and to do so in a way weapon because he had already been change of a firearm.’’ that we do not inhibit gun shows and convicted in California of an offense The NRA says the McCain-Reed we do not impose undue requirements that would disqualify him to purchase amendment’s 24-hour maximum allow- on both the operator of the gun show or such a weapon. able background check is a smoke- those dealers, both licensed and unli- Mr. Boumelhem was involved in a screen. censed, who may attend. conspiracy not only to purchase weap- It is not. If a State wants to place a I mentioned before discussion of the ons on his own behalf but to enlist oth- 24-hour limit on the length of back- terrorist connection. It seems to me ers to purchase these weapons and to ground checks at gun shows, it may do that after 9/11, when we attempted to ship these weapons back to Beirut. In so once that State has its background strike an extraordinarily strong pos- fact, he was finally arrested after a check records in order and automated. ture against any form of terrorism— Federal agent searched an auto park’s If a State chooses not to limit the where this body, in virtual unanimity, cargo container on a ship bound for length of background checks below the passed the PATRIOT Act, which em- Lebanon. They found weapons and current 3 business days, it does not powers the Federal Government to other materiel. He was attempting to have to. take unusually strong steps with re- flee the country, apparently, when he The NRA says the McCain-Reed spect to individual privacy and indi- was arrested by the Federal agent. He amendment makes no improvements to vidual protections—to now suddenly had a one-way ticket to Beirut. It ap- instant check. allow this loophole to exist that may peared he was not making just a busi- The truth: Legislation to improve in- be exploited by terrorists, seems to me ness stop but, indeed, was trying to flee stant check has been introduced sepa- astounding. the country. rately by Senators SCHUMER, CRAIG, If we can have thousands of people at Our Federal agents also had wit- HATCH, and KENNEDY. I am proud to be airports screening bags against ter- nesses and informants who had seen both a cosponsor of the legislation and rorist threats, why can’t we simply Boumelhem in Lebanon with, in their a longtime supporter of the National pass a gun show loophole amendment words, AK–47s, M–16s, explosives, gre- Criminal History Improvement Pro- that will close a source of weapons that nade launchers, grenades, rocket gram to help States get more of their has been exploited in the past by ter- launchers, and rockets in his posses- disqualifying records into the system. rorists? sion. The press reported the FBI has a NRA also says the McCain-Reed I mentioned three cases in particular. video tape apparently showing Ali amendment gives no priority to gun I would like to elaborate, if I may. Boumelhem firing automatic weapons show background checks. The first is Ali Boumelhem, a known in Lebanon and acknowledging he is a That is because it is not necessary. terrorist, connected to Hezbollah. He is member of Hezbollah. The NIC System currently operates currently serving prison time for at- This is the charge—someone who, from 8 a.m. to 1 a.m. 7 days a week and tempting to smuggle guns into Leb- under observation by Federal agents, 364 days a year. That is why 91 percent anon. He was discovered by an inform- used the gun show loophole to acquire of background checks are completed in ant. As a result of this information, an M–16. He was engaged in significant minutes, and 95 percent are completed Federal law enforcement agents trailed conspiracy with others before to ex- within 2 hours. The remaining 5 per- him, observed him, and saw him go to ploit gun shows or other means. His cent are 20 times more likely to turn a gun show in Michigan. He purchased brother said Ali Boumelhem was a fre- up an illegal buyer than the rest of the a weapon. He also involved his brother quent gun show attendee. In his own checks. There is no need to put gun as a straw buyer, to purchase another words, he said his brother said he went show checks in front of other back- weapon. He was caught after attempt- to ‘‘gun shows everywhere. Gun shows ground checks the NICS processes na- ing to smuggle the weapons out of this everywhere here, almost every week. If tionwide every day because the system country to Beirut. it’s not Mt. Clemens, it’s in Taylor.’’ is working very efficiently. It is important to note, because there Both of them were searching out gun These are some of the refutations of has been some suggestion that he never shows all through Michigan. This indi- the amendment Senator MCCAIN and I actually purchased a weapon at these vidual qualifies as a terrorist. He would are offering, but none of them hold any shows, that he always used straw pur- have been denied the right to purchase weight. This is an amendment that will chasers to purchase them. As a result, this firearm had the Reed-McCain leg- close the gun show loophole without it would foil our amendment, the islation been in effect. materially affecting the operation of McCain-Reed amendment. There are others, too, who have been gun shows or the conduct of unlicensed But in a sworn affidavit, dated No- indicated as terrorists and have been gun dealers, but it will attempt to pre- vember 6, 2000, ATF Special Agent involved in these details. One other is vent some of the rogues, whom I de- Cheryl Crockett testified agents as- the case of Muhammad Asrar. Mr. scribed, from getting access to weap- signed to the Joint Terrorism Task Asrar is an illegal Pakistani immi- ons. Force had Boumelhem under surveil- grant who has pleaded guilty to weap- Once again, there is a great discus- lance on October 29, 2000, when he went ons and immigration charges. At a sion on this floor almost every moment to the Grand Rapids Gun and Knife presentencing hearing, the Government of the principles of law, the principles Show. One agent particularly, Edwin sought an ‘‘upward departure’’ from we espouse. But a lot of what we do Edmunds, observed Boumelhem ap- the sentencing guidelines because of must be common sense. I ask my col- proach a table and examine an M–16 Asrar’s ‘‘intent and demonstration of leagues, and also the people listening, rifle upper receiver—that is, the re- violent and terrorist motives.’’ Asrar to think about it. If you were a felon, ceiver, barrel, carrying handle, and remains under investigation by a Fed- or if you were a terrorist, and you were handguards. This configuration is a eral grand jury on suspicion of involve- aware, as so many of them are, that firearm under Federal law. ment with al-Qaida. The Government you could go to a gun show, find unli- Boumelhem walked away, but then has revealed that he was stockpiling censed dealers and buy a weapon—some returned minutes later with a wad of guns he had illegally bought and sold

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1914 CONGRESSIONAL RECORD — SENATE March 1, 2004 at Texas gun shows. Asrar had also ob- authorities saying he had been involved in stayed on this list, his conviction tained a pilot’s license, collected pic- gun transactions and the ATF went with, I would be automatic. Because of that tures of tall buildings in the U.S., and believe it was the TABC, or some alcohol-re- delisting, however, Federal authorities lated agency, and they went to search his tried to purchase a timeshare in a Lear property, and about a year before he was ar- had to show that the weapons had been jet. rested. And they found no guns. When we smuggled ‘‘with the specific intent to Asrar was convicted of illegally pos- began interviewing people after he was ar- murder or maim.’’ sessing 50 rounds of 9 mm ammunition. rested, we looked into one, Mr. Robert Fang, A specific intent offense requires a As an illegal alien, it was illegal for who’s an admitted friend of Mr. Asrar, who level of proof that is significant. Even Asrar to buy or possess guns or ammu- says, who referred back to that incident a though they failed in this level of nition. He was also convicted on an im- year earlier and said that Mr. Asrar brought proof, Mr. Claxton’s contact and his migration charge—illegally over- him a case of guns, a case of guns, I believe own admission of the involvement with it was 5 to 7 guns, somewhere in there, and staying his student visa since 1988. He said, ‘‘Please hold these for me. My place is the IRA strongly suggests that he, too, has admitted to having bought and sold about to get searched by agents. Please keep was involved in terrorist activities. guns at gun shows. Asrar told authori- these for me so they won’t find them.’’ We have a situation in which, be- ties that he had bought and sold a vari- Mr. President, you have someone who cause of the gun show loophole, there ety of guns at Texas gun shows over is behaving extremely suspiciously, is is mounting evidence that criminals the last 7 years. These included a copy illegally in this country, who has ap- have access to weapons and indeed ter- of a Sten submachine gun, Ruger Mini- parent ties to terrorist organizations— rorists have access to these weapons. 14 rifle, two handguns, and a hunting at least enough to ask the Federal au- The amendment Senator MCCAIN and I rifle. None of the guns were in his pos- thorities to ask in a presentencing that will propose will close this gun show session when he was arrested on Sep- he be treated as such. Of his own ad- loophole without unduly burdening gun tember 17. mission, he frequented gun shows, and show operators. It will also not inter- In addition to the ammunition, au- bought and sold guns. Again, I think fere with the operation of unlicensed thorities also found pictures of the tall this is a strong case for closure of the gun dealers. buildings, as I indicated, and also pic- gun show loophole. I have suggested, by pointing out spe- tures of the guns that he said he at one Briefly, before I yield the floor, I will cific incidents, a situation where indi- time purchased and had in his posses- mention the case of Conor Claxton. Mr. viduals have used the gun show loop- sion. He told the authorities he bought Claxton is an admitted member of the hole. Let me say in conclusion that the and sold guns at gun shows. Irish Republican Army. He came to the vast majority of individuals partici- It appears he was stockpiling these United States—specifically Florida— pating in these gun shows, licensed and weapons. The fact is, he had at least 16 because he was looking to develop an unlicensed dealers, are law-abiding in- guns, and possibly as many as 30 guns. arsenal of weapons to ship back to Ire- dividuals who have no intent to defeat He was arrested on September 11 when land. He testified that the IRA chose the law. But as long as we have such a an informant had indicated he was be- Florida because ‘‘we don’t have gun low, virtually nonexistent threshold, having suspiciously. The informant in- shows in Ireland, and you see things there will be a few—and there certainly dicated that Asrar had asked him here like you never imagined.’’ He told will probably be more—criminals and whether or not he could help Asrar the FBI it is common knowledge that terrorists who will seek to avoid the smuggle a foreign national across the obtaining weapons in the United States responsibilities under the gun laws. border from Mexico, and if he would is easy. I think it is entirely appropriate to take pictures of tall buildings for him Now, Mr. Claxton was involved in, pass this legislation to close this gun during his travels, and if he would mail apparently, using about $100,000 to as- show loophole and to ensure simply letters for him from Pennsylvania. semble an arsenal for the IRA. The that at a gun show everyone is treated Now, the Government is presently de- Irish authorities recovered 46 handguns the same—licensed dealers and unli- veloping cases against this individual in 1999 and more than 600 rounds of am- censed dealers—and that everyone based on a theory that he is involved in munition hidden inside 23 packages knows the rules. Gun shows now will terrorist activity. As I said, in a containing toys, computers, and other require a background check. presentencing motions hearing, the goods to be shipped from the cabal of I retain the remainder of my time. I Government indicated that it is con- the IRA in the United States. yield the floor. ducting this further investigation. In Claxton usually used a straw pur- The PRESIDING OFFICER. The Sen- their words, ‘‘We are asking for upward chaser, a naturalized American citizen, ator from Idaho. departure based on his intent and dem- Siobhan Browne, who is also his Mr. CRAIG. Mr. President, we have onstration of violent and terrorist mo- girlfriend. She acquired many of these just heard an explanation as to why we tives.’’ This is the text of the open ses- guns. But it appears, also, because ought to change a law on gun com- sion in court: Browne indicated that Claxton ‘‘spent merce in this country. It has largely . . . will testify that he, there’s numerous more than $100,000 off the books on been touted as a loophole. My conten- gun transactions, there’s more than what’s semi and fully automatic weapons in tion this afternoon and my contention in the presentencing report. sales from private dealers.’’ So there is has always been that there is not a This is the Federal attorney: strong evidence to suggest that loophole because if there is one, it ex- The presentencing report contains most of Claxton himself was engaged in the ac- ists outside of gun shows if it exists in- the ones that are more well defined, but quisition directly of firearms for the side of gun shows. there’s other witnesses who are a little bit purpose of arming IRA members in Gun shows are, in fact, a mirror more vague, but they describe more gun Northern Ireland. image of gun commerce in this coun- transactions, or gun incidents I should call Now, Mr. Claxton was ultimately try. An individual can sell a gun with- them, not gun transactions necessarily. But charged and he was convicted along out a federally licensed firearm permit also the presentencing report contains inci- with two codefendants on the gun to do so, but if he or she is in the busi- dents where he’s trying to buy explosives. There’s also the—on September 8, Your smuggling charge of which he was ac- ness of selling guns, then they have to Honor, he rented a car. He drove to Houston, cused. He is currently serving a 56- have that license. Texas; he returned the car on the 11th. He month sentence. It is also true in gun shows. When met with well-known persons of middle east- Despite his admission that he was a you walk through the door of a gun ern descent there in Houston. He has ob- member of the IRA, he was acquitted of show, the law has not changed nor does tained a flying, a pilot’s license. Although he the charges of terrorism and con- it change. But under the McCain-Reed was apparently completely broke, he was spiracy to maim and murder. That amendment, they are suggesting it trying to purchase a timeshare in a Lear jet. seems to be a technicality. According should change and that this particular He requested a person who was traveling to to the Good Friday accord negotia- the East Coast to take pictures of tall build- cloistered environment of a gun show ings for him and send them to his brother. tions, the IRA had been dropped from ought to be something new and dif- There’s an incident, Your Honor, where ap- the Federal Government’s ‘‘Dirty 30,’’ ferent. proximately a year before the defendant was the list of officially recognized ter- We have heard the explanation. Let arrested, persons had been calling in to local rorist organizations. If the IRA had me attempt to set the record straight

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 1, 2004 CONGRESSIONAL RECORD — SENATE S1915 this afternoon because it is important purposes. But he is suggesting that we shows; in other words, a statistic that we understand that an attempt is being have to have this one little special dot will show up, but a very minor one in made to set a whole new tranche of on the legal map because it is uniquely reality of the total misuse of firearms Federal regulations against what has different from everything that goes on in our country. historically been U.S. commerce that outside of a gun show. The most recent study done by the was legal and law-abiding. If you want to traffic in guns, you Bureau of Justice Statistics, November Gun shows grew out of the firearms can set up across the street from a gun 2001, found that less than 1 percent of collectors associations that were show, and yet his law would not per- crimes committed involving the use of formed as part of this country’s com- tain to that person. If they happen to firearms utilized guns obtained at gun merce in legitimate firearms in the be standing out there and open the shows, including sales by fully licensed early 20th century. Those associations trunk of their car and try to persuade firearm dealers at gun shows; in other remain active today and some became people who come in and out of a gun words, those who were doing back- national and even international organi- show that they ought to buy from ground checks. zations and some sponsor gun shows. them, isn’t that somehow a misconcep- This was the largest study of its kind Commercial gun shows first appeared tion of reality? I think it is. based on an investigation of 18,000 con- largely after World War II. They are Gun shows are also important venues victed felons. According to these re- large, well-advertised public events in for those interested in the general own- ports, most criminals get guns from convention centers and similar facili- ership of guns and the general manu- theft, burglary, black market, friends, ties. Annually, some 4 million people facture of them. Gun rights groups fre- or family. attend gun shows. Four million people quently set up booths at gun shows and The one inconsistent study is mis- attend these kinds of efforts in gun distribute literature. Attendees share leading. In January of 1999, the Justice commerce. information to work together to pro- and Treasury Departments published Behind me is a picture of a typical tect what I believe is their constitu- the result of a study on gun shows, gun show. I have attended numerous of tionally mandated right in this coun- Brady checks, and crime gun traces, them over the years. You will see all try to have fair, open access to fire- concluding that nonlicensee firearm kinds of displays, from educational ma- arms. Therefore, gun shows are an im- sales at gun shows contributed to traf- terial to actual firearms. portant part of what we in this country ficking in crime guns, the use of fire- Gun shows provide an opportunity for call the political process. arms in drug crimes and crimes of vio- people interested in gun selecting and Free speech under the first amend- lence. The study, based upon an exam- in the shooting sports to examine and ment—I know in going to gun shows, a ination of 314 ATF criminal investiga- learn about many different types of lot of dialog ensues between those who tions, recommended additional legisla- firearms, as well as to buy and to sell are attending. Why? Because they are tion to deal with so-called loopholes. or to trade guns, ammunition, and re- advocates; because they are collectors; That is where the word began to appear lated materials. Notice I said ‘‘to buy because they are vocal in their con- in 1999. and to sell or to trade guns, ammuni- stitutional rights. However, the study does not show tion, and related materials.’’ Right It is estimated that more than 1,000 that occasional gun sales by one-time now if you are buying and selling and commercial gun shows are held each sellers at gun shows significantly con- moving guns and ammunition and re- year in this country. A typical gun tributed to illegal trafficking. They lated material for your living and you show will have approximately 300 ex- made the argument, but they did not are in the commerce of firearms, you hibitors offering items for sale and edu- make their case. The majority, 54 per- have to be a federally licensed firearm cational display. The paid public at- cent, of investigations involved unli- dealer. But if you are a collector, if you tendance at an average gun show can censed persons who were actually deal- are an individual and you do not com- be estimated at about 4,000 people. ing in firearms without the required merce in guns, you do not make your Generally, gun shows are held in a 2- or Federal dealer license, which is a fel- living by doing commerce in guns, you 3-day timeframe over a weekend. Larg- ony and may be prosecuted under the do not have to be federally licensed. er shows attract exhibitors and patrons law. But you could still go to a gun show, from hundreds if not thousands of What they found out is that when it you could still rent a table, and you miles away. did happen, it was happening by those could sell an occasional firearm. Gun shows today are regulated by who were already trafficking in guns. Why? Because the law outside is the State law in relation to gathering and The reason they found out is they were same law today that is inside, and the commerce and by local ordinances as is able to arrest them because they were Reed-McCain amendment would say: appropriate for all large gatherings already violators of the law. The Fed- Oh, no, we have now established for that cities would want to know about eral firearms laws were at work, and you the raw example of the unique and have registered. that is how we got the statistics be- thing that goes on at a gun show and, Let us talk about statistics. I think I cause we used the laws to investigate therefore, it ought to be licensed. What can, by what I just said, establish the and apprehend the bad guys. they fail to say is, but in the back long tradition of gun shows in this Twenty-three percent of the inves- streets of America where there are gun country, some 1,000 of them starting in tigations involved violations of exist- traffickers and black market dealers, the early part of this century, largely ing law by Federal licensees; for exam- we would really like to license them, following World War II. ple, illegal sales to straw purchasers, too, but, of course, they are criminals In the mid-eighties, the National In- persons with clean backgrounds who and you cannot get them licensed, and stitutes of Justice sponsored a study of acquired firearms for the actual pur- they won’t play by the rules. how convicted felons in 12 States ob- chasers. Even the Reed-McCain bill To suggest that guns are sometimes tained their guns. One of its findings would not screen out a straw man. sold at a gun show that might enter was that gun shows were such a tiny Somebody with a clean record could into a criminal act, I am not going to source of crime guns that they were acquire a firearm for someone else, stand here and deny that because guns not even worth reporting as a separate complete the sale, take it out, and that are bought from legitimate li- figure. That was in the eighties. hand it off. Does this great new loop- censed firearm dealers, bought by a In 1997, the National Institutes of hole plugger solve it? Not at all. That straw person are finding their way into Justice report called ‘‘Homicide in 8 hole cannot be plugged when somebody misuse for criminal purposes. That is U.S. Cities’’ actually covered more lies and they happen to have a clean the reality of the world in which we than homicides, which put the number background. live, but that is not the norm. of crime guns from gun shows at or In 23 percent of the cases where they Finally, at the end of all of this de- around 2 percent by that statistic. are now citing examples, folks simply bate, Senator REED acknowledged that In 2000, a BJS study of Federal fire- lied. They did not tell the truth, and if a very large majority of those who at- arms offenders, 1992 through 1998, found one does not tell the truth and they tend gun shows are law-abiding, honest that 1.7 percent of Federal prison in- have a clean background and the NICS citizens who go there for all the right mates obtained their guns from gun system cannot pick it up, then that

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1916 CONGRESSIONAL RECORD — SENATE March 1, 2004 person is legitimate in the eyes of the into the business of regulating com- The PRESIDING OFFICER. If the law and in the eyes of a licensed fire- merce in this area saying that in some Senator will suspend, I need to find out arm dealer. way it might protect the average cit- who yields time. The point is, in all of these crimes, izen. Mr. WARNER. I ask unanimous con- under current law they were appre- Again, I point to the picture behind sent the parliamentary inquiry be ad- hended, and the vast majority of them me. There is the average gun show in dressed by the Chair outside the time are just that. America. Nearly 4,000 people attend agreement. Now we hear a new argument: Ter- each one, and there are over 1,000 of The PRESIDING OFFICER. Is there rorists and terrorism, and somehow the them. Does the loophole exist? Well, objection? terrorists who are going to create when we look at the statistics from the Mr. CRAIG. Reserving the right to havoc on the American public are report that bore the name of the loop- object, we have a time problem. That going to go to a gun show, and he cited hole that they are now using, we find is, at 4 o’clock we go off these two one buying an M–16—only that was not out those statistics just do not hold up; amendments that have been offered, to do damage here, it was to do damage that what happened at a gun show can and we go to Senator BINGAMAN. And outside the country—and therefore we happen outside a gun show. we have a 5 o’clock deadline in which ought to put new restrictions on law- The reality is, one simply cannot there will be a vote on the Bingaman abiding citizens. make the holes in the sieve tight amendment. So any time you use now, All I can say is, the great havoc that enough to stop everybody. Tighten it you are eating somebody’s time be- was wreaked on this country on 9/11 by as we will, every time we do we step cause of the fixed times we have set be- terrorists was not by a gun purchased much harder on the private law-abiding fore us. at a gun show. For the terrorists, the citizen than we do the criminal or ter- I will not object to your inquiry at weapon of choice that did so much rorist element in the world because the moment but understand you can- damage to our country happened to be they know they can play outside the not effectively allocate yourself time a jet airliner and not an M–16 that was law because the rest of us are required without changing the underlying unan- due to be exported. to play inside the law. That is the re- imous consent, which I do not want to Senator REED speaks the truth be- ality of any law, whether it be a gun allow to happen for the sake of the 5 cause these terrorists we now find, who law or anything else. We know that. o’clock vote and the debate on the are apprehended and behind bars, were That is the history of law. That is Bingaman amendment. arrested because they were operating the history of those who choose to play Mr. WARNER. Fine. Then if I could illegally under current law in many in- outside of it and break the law, and the quickly ask the distinguished floor stances. If someone lied about their gun show loophole will do nothing to leaders—— background, they cannot be found, but change that. It will simply divert the Mr. CRAIG. Let me yield the distin- if they are illegal and undocumented in commerce outside the building instead guished Senator 2 minutes of time for this country, it is a violation to go to of inside the building, if someone the purposes of this question. a gun show and buy a gun. So one deals chooses to operate illegally or outside Mr. WARNER. I see my colleague with an individual purchase and not a the law. from Michigan. He, likewise, offered an licensed dealer. That is so rare and so I reserve the remainder of my time. amendment on Friday morning. My un- minuscule that if Senator REED thinks The PRESIDING OFFICER. Who derstanding is his is the pending that hole can be plugged by sticking yields time? amendment following the Bingaman one’s finger in it, they are simply di- Mr. WARNER. Mr. President, I make vote; is that correct? verted to the street where they know a parliamentary inquiry. Mr. CRAIG. I believe that is the they can acquire a gun, but the price is The PRESIDING OFFICER. The Sen- unanimous consent; that is correct. probably going to be a lot more. ator from Rhode Island. Mr. WARNER. Could I then ask unan- All of that is the tragic environment Mr. REED. May I inquire how much imous consent my amendment, also of- in which we live, but what is important time is allocated to each individual fered on Friday morning in good faith, to say about the so-called ‘‘loophole’’ side? pursuant to the instructions you laid is, if one walks into a gun show and The PRESIDING OFFICER. The Sen- down, be the pending amendment fol- only in there a loophole exists, they ator from Rhode Island controls 9 min- lowing that? can walk out of the gun show and it utes. The Senator from—— Mr. CRAIG. Following? Mr. WARNER. Following the Senator does not exist because they are not Mr. WARNER. May I ask that the from Michigan? proposing to change current law where parliamentary inquiry be done outside the time constraint? I pose this inquiry Mr. CRAIG. Reserving the right to all commerce in firearms must be object, following the amendment of the background checked. to our distinguished floor leader, the Senator from Idaho. I am reading from Senator from Michigan? Any individual citizen in this coun- Mr. WARNER. That is correct, what- the RECORD of the Senate on Thursday try can sell a firearm they own to his ever disposition the Senator makes on or her neighbor, and they do not have of last week when the distinguished Senator from Idaho said the following: that. to do a background check—nor should Mr. LEVIN. Will the Senator yield? they. But if they are legitimate, or if I am sure there are some Members on both Mr. CRAIG. First of all, we have a they are commercing or making their sides who might have amendments that were UC. I will not object to that request. not listed to be considered for votes today living in firearms, they are going to Mr. WARNER. I thank the chairman. have to get a license and they are and/or Tuesday. What I would ask them to do is to come to the Chamber and talk to Sen- Mr. REED. Reserving the right to ob- going to have to do a background ator Reed and myself to see if we might work ject. check. That is the law, and that is the those out. Certainly, we are happy to take a MR. LEVIN. I would make inquiry. way it ought to be. look at them. There may be an opportunity Mr. REED. May I make a point? All So, again, this is a political placebo late Tuesday and possibly Friday to offer ad- of this would be subject to the under- for a problem that so rarely—I say ditional amendments. The unanimous con- lying unanimous consent that all rarely—exists, and it does rarely exist. sent request does not preclude any Member amendments also are withdrawn to- I listened very carefully to all of from doing that. morrow morning. those he listed whom we found out to I wrote the distinguished majority Mr. WARNER. Could the Senator be violators of law. That is why he leader a letter on November 18 last speak up a bit? could list them, because they were al- year indicating that I wanted to offer Mr. REED. I understand that under ready arrested under current Federal an amendment on this bill, and I re- the controlling unanimous consent firearms laws, and that is why many of ceived back a reply from Mr. Schiappa, that all amendments are withdrawn to- them are doing time. who had the authority to address this, morrow morning. So if your amend- So the answer to the problem is to that said it has been noted. So I have ment was in order after Senator LEVIN, stack a new law on top of law-abiding tried to diligently follow the rules and I think both amendments technically citizens at a thousand gun shows, and procedures by which to bring up an at this point would be withdrawn to- for the Federal Government to step amendment. On Friday morning—— morrow morning.

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 1, 2004 CONGRESSIONAL RECORD — SENATE S1917 Mr. LEVIN. Reserving the right to Mr. CRAIG. I yield to the Senator and that are just used to create mass object, I would do everything I can rea- from Virginia for an inquiry. destruction. sonably do to obtain disposition of my Mr. WARNER. Madam President, I Furthermore, our world has changed amendment before 8 o’clock or what- thank my distinguished colleague. I dramatically from 10 years ago. Sep- ever time it is tomorrow morning. So I think we clarified among ourselves the tember 11, 2001, has taught us many ask the Senator from Virginia as to parliamentary situation of this matter. lessons; among them that terrorism whether his unanimous consent request I therefore ask, at the conclusion of lurks in our own cities and commu- is that his amendment be in order fol- the disposition of the Levin amend- nities. Given the current world situa- lowing the disposition of my amendment, whatever that may be, is the tion, it defies logic to let a good law ment? amendment by the Senator from Vir- expire, and in so doing let suicidal ter- Mr. WARNER. Mr. President, that is ginia in order? rorists and others simply walk up to a how I so stated my UC. The PRESIDING OFFICER. Yes. counter and buy these weapons for po- Mr. LEVIN. If the UC is that fol- Mr. WARNER. I thank the distin- tential attacks. lowing the disposition of the Levin guished Presiding Officer. I thank my It is for these reasons that my think- amendment the amendment of the Sen- colleagues. ing on the assault weapons ban has ator from Virginia would then be the I rise today in support of the Fein- evolved over the last 10 years, and for pending amendment, I would have no stein/Warner amendment to reauthor- these reasons that I join with Senator objection to that, providing that is the ize the assault weapons ban. FEINSTEIN in sponsoring legislation to way it is presented. Signed into law in 1994, the assault extend the assault weapons ban an- Mr. WARNER. That is correct. I hear weapons ban placed a 10-year prohibi- other 10 years. no objection. tion on the domestic manufacture, The PRESIDING OFFICER. Is there Not only does President Bush support transfer, or possession of semi-auto- objection? the continuation of these protections; Mr. WARNER. I thank the distin- matic assault weapons and the transfer men and women of law enforcement guished Presiding Officer. and possession of high capacity ammu- across the Nation join him, because, The PRESIDING OFFICER. Hearing nition clips. The 10-year ban ends on being on the front lines, they know it no objection—— September 13, 2004. Consequently, un- makes communities safer. I note that Mr. REED. Reserving my right once less Congress and the President act several sheriffs and chiefs of police, all more to object again, the under- prior to September 13, 2004, weapons across Virginia, have written to me in- standing, of course, is that all of these like Uzis and AK–47s will once again be dicating their support for reauthor- amendments are withdrawn tomorrow produced in America, and more and izing the assault weapons ban, as has morning. more often, these weapons will fall into the Virginia State Lodge of the Fra- Mr. LEVIN. Reserving the right to the hands of criminals who lurk in our ternal Order of Police. object now, Mr. President, that as- neighborhoods. Now, over my 25 years plus in the sumes they have not been disposed of For a number of years, President United States Senate, I have always prior to tomorrow morning or accord- Bush has indicated that he supports re- tried to stand up for what is right, re- ing to some modification of the pend- newing the assault weapons ban for an- gardless of politics. I believe that is ing unanimous consent agreement. I other decade. Although his administra- why the good people of the Common- am not willing to agree that my tion has not presented a bill to date, it wealth of Virginia have given me their amendment will still be pending to- recently reiterated his support for the trust and elected me to represent them morrow at that hour, nor am I willing renewal. Consequently, we introduced a in the United States Senate. to agree that we could not work out bill, S. 2109, that achieves his goal: ex- I know that reauthorizing the assault some modification of the unanimous tending the law, without any changes, weapons ban is the right thing to do. consent agreement, which is now pend- for another 10 years. I urge my colleagues to support this ing, to allow for the disposition of my The Feinstein/Warner amendment important amendment. amendment at some point before or that we debate today is the exact text The PRESIDING OFFICER. The Sen- after that appointed hour tomorrow of S. 2109. ator from Rhode Island. morning. Some in the Senate, myself included, Mr. REED. Madam President, could I Mr. CRAIG. Mr. President, with that opposed the ban a decade ago, fearing once again determine how much time discussion I understand the unanimous it would do little to reduce crime, and is available to all the participants? consent is still operative? Until I un- could threaten the Constitutional The PRESIDING OFFICER. The Sen- derstand clearly where we are, so that rights of law-abiding gun-owners and ator from Rhode Island has 9 minutes; none of this language in any way hunters. the Senator from California, 6 minutes; undererodes the underlying unanimous However, a decade of experience has the Senator from Idaho, 37 minutes. consent, which means that all amend- provided us with key facts. The assault Mr. REED. Madam President, I ask ments that might be up but have not weapons ban has made our commu- unanimous consent that at 3:35 Senator yet been disposed of by the opening of nities safer. Recent Department of Jus- SCHUMER be recognized for 5 minutes, business on Tuesday morning fall, I tice records indicate that the use of from the time of Senator FEINSTEIN. would have to object at this point be- banned assault weapons in crimes has The PRESIDING OFFICER. Without cause that underlying agreement can- declined measurably—by 65 percent in objection, it is so ordered. not be eroded. one analysis—since the measure took Who yields time? Mr. WARNER. Mr. President, at this effect. Mr. REED. I suggest the absence of a time I am not trying to seek in any Moreover, it is clear that the assault quorum. way by my UC to modify that request. weapons ban has in no way challenged The PRESIDING OFFICER. Without It is simply that I be considered after legitimate gun-owners’ rights. Let me objection, the clerk will call the roll. the disposition of the Levin amend- state, without hesitation, the vast ma- The assistant journal clerk proceeded ment. It is a very simple procedural re- jority of gun owners are law-abiding to call the roll. quest. Mr. CRAIG. I suggest the absence of citizens who responsibly keep their Mr. REED. Madam President, I ask a quorum. guns. As a gun-owner myself, I have unanimous consent the order for the The PRESIDING OFFICER. The long been a supporter of the Second quorum call be rescinded. clerk will call the roll. Amendment. I remember well the day The PRESIDING OFFICER. Without The assistant journal clerk proceeded my father gave me my first gun, and I objection, it is so ordered. to call the roll. have spent most of my life around Mr. REED. Madam President, I lis- Mr. CRAIG. Madam President, I ask guns, both with antiques and in hunt- tened quite attentively to my col- unanimous consent the order for the ing. league, the Senator from Idaho, talk quorum call be rescinded. The assault weapons ban only bans a about gun shows and the need or lack The PRESIDING OFFICER (Mrs. small percentage of all weapons—those of necessity to close the gun show loop- DOLE). Without objection, it is so or- military-style assault weapons, that hole. It struck me there is something dered. have no hunting or sporting purpose, quite a bit different between a private

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1918 CONGRESSIONAL RECORD — SENATE March 1, 2004 sale and a sale through a gun show. gun shows, and they still have gun must say considerable change has been Again, not the law but the logic. Most shows. In fact, I am told their gun made. Of course, the Senator admitted private sales involve people who know shows are quite popular and quite suc- that. But there is a great deal left in each other. In fact, for a home sale you cessful. This amendment is about com- the bill which I think dramatically al- invite the person into the home to offer mon sense. It is about dealing with ters the nature of gun shows and the them the sale of a weapon. It is quite problems which we know exist—Col- bureaucracy and the Federal involve- different from a gun show, as the pic- umbine showed us that—and the arrest ment in the law-abiding commerce of ture indicated. These are huge events. of criminals who are engaged in con- firearms that we are not talking about. These are supermarkets for firearms. spiracies to exploit the gun show loop- The McCain-Reed 24-hour wait is in No individual has the knowledge of the hole. We have evidence of terrorists— fact a smokescreen. The bill provides perhaps hundreds or even thousands of real terrorists—who are aware of this the wait may be reduced to 24 hours if people who might come up to them and who have tried to use it. a State applies for the privilege of im- offer to purchase a weapon. In that I don’t think we can be so sanguine proving its records after the fact, after case, the very particular specialized as to say we know how terrorists will it happened. In other words, if it hap- case of a gun show, the need for a back- attack us, that they will always choose pened and when it happened, then only ground check seems obvious. That is an airline or they will always choose may accommodate, but with no real in- why we insist that Federal licensed explosives. They will choose the way centive for States or the Federal Gov- firearms dealers conduct such a check. that is most disruptive to our life and ernment to improve records even To argue that this is some aberra- which will cause the most damage. though we are pushing hard to make tion, that this gun show loophole That could involve in some way, shape, that happen. It is a complicated and amendment we are proposing somehow or form exploiting the gun show loop- expensive process. There is no reason turns the law on its head, is completely hole. to think the 24-hour check would ever wrong. Again, here is a situation where I urge my colleagues to support this be achieved. Even if a State did switch these unlicensed sellers have very lit- amendment. to 24 hours, the change is strictly op- tle, if any, knowledge of the thousands I yield the floor, retaining the re- tional and could be reserved for an of people who come up to them, which mainder of my time. anti-gun State government—well, you of those people is a terrorist or a crimi- The PRESIDING OFFICER. Who know in this instance you are going to nal seeking to exploit the gun law. yields time? get the irregular application of the That is what has happened. These indi- Mr. CRAIG. Madam President, I sug- McCain-Reed law if it were to become viduals I referred to have been cap- gest the absence of a quorum. law. tured and prosecuted. But there are, I The PRESIDING OFFICER. The With a 3 business-day period still al- am sure, many others who avoid cap- clerk will call the roll. lowed to check out-of-State records, a ture and prosecution. The assistant journal clerk proceeded few large States could drag down the There are those today in this situa- to call the roll. whole scheme for all transfers across tion. Anyone could. Anyone listening Mr. CRAIG. Madam President, I ask the country. In other words, the Fed- today—I hope they don’t take this as unanimous consent that the order for eral bureaucracy reigns supreme direction or guidance—but under- the quorum call be rescinded. against a legitimate action of com- standing that, they could walk up to an The PRESIDING OFFICER. Without merce that today is regulated only by unlicensed dealer, find an unlicensed objection, it is so ordered. Federal law as it relates to licensed dealer and ask to purchase a weapon Mr. CRAIG. Madam President, we dealers specific to their action and and do that. know a great deal about gun shows. We only those who make their living Again, the cases seem compelling. know thousands of Americans go there commercing in a law-abiding way in Nigel Bostic and two accomplices were each year—law-abiding citizens who firearms. arrested for buying 239 firearms at 11 are collectors, who are avid sportsmen, The McCain-Reed amendment makes Ohio gun shows. Here is a team of peo- hunters, and target shooters. They go no instant check improvements, unlike ple systematically using gun shows to for information. They go to access col- S. 890, and the Senator referenced that. acquire 239 weapons which they then lections of libraries of gun manuals. The bill provides no funding to crimi- sold to criminals in Buffalo, NY. One Many people who respect firearms and nal upgrades. Hopefully, we can get was recovered in a homicide. I don’t collect them like to have the manuals that accomplished in the near future. I know how many others were involved. on how they were manufactured, and am certainly in favor of that—the car- That is just one example, and there are the ballistics of particular firearms. rot and the stick—to make States com- more examples than this. All of those are available at gun shows. ply so the NICS background check is It seems to me this makes obvious What is most important is to try to legitimate, is effective, and certainly sense that we cannot have a situation plug a loophole which I argue clearly has within its recordkeeping the range where there are two standards, for a li- does not exist today, or it exists out- of violations of law that makes an indi- censed dealer and for an unlicensed side of gun shows, because we are all vidual ineligible for acquiring a fire- dealer at the same place, in a public operating under the same law whether arm. setting, in a place that is advertising you are inside the door of a gun show McCain-Reed gives no priority to gun the sale of guns. This is not a situation or outside the door of a gun show. shows. Remember, we are talking where you are at home or you have a Senator REED mentioned three ter- about a weekend event. Yet if the sys- weapon in your garage that you would rorists and talked about how they had tem were active, there is no priority to like to sell to someone who came by. used a gun show. They were appre- move that check to the front of the list You have a friend. You were talking at hended, they were prosecuted, and they to make it happen in those areas where the local doughnut shop and discovered were convicted under existing law. Did there might be a question—and there that you and your friend have an inter- they break the law? Yes. That is how oftentimes are. It does not mean a per- est in common, firearms, and you de- they were apprehended and convicted. son is a violator of the law or has with- cide: Come back to my place; I’ll show It appears the law is working and in his or her background something, you a weapon. working quite well at this moment. In but there possibly is a triggering that That is not a gun show, and our fact, we are more aware today of ter- needs further investigation. amendment does not reach those ac- rorist activity and undocumented peo- Does this offer the priority? No, we tivities. ple in our country’s activities than we know it does not. Sometimes law-abid- It is clear, it is logical, it is con- ever were before, and it took a tragic ing citizens travel hundreds of miles, if sistent, it is fair, and it sets a common event to cause that to happen. not thousands of miles, to some of standard. I received the amendment about 3 these gun show events, some of the This amendment will not disrupt gun hours ago, and I did not have a chance larger ones in the country, and to not shows. California has a statute that to look at it in detail as it relates to be able to transact their commerce and not only requires background checks at the original amendment introduced by leave with reasonable time involved all sales but a 10-day waiting period for Senator MCCAIN and Senator REED. I just does not make a lot of sense. They

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 1, 2004 CONGRESSIONAL RECORD — SENATE S1919 can do it outside the door of the gun ity for gun show promoters who would gitimate and legal commerce of fire- show; they cannot do it inside the door likely drive gun shows into extinction. arms in our country. That is why I of the gun show. Today, how you act is The rhetoric is one thing. No, we are hope Senators will vote this amend- legal based on your adherence to law. not out to close gun shows. The prac- ment down. We want to keep S. 1805 That transaction can occur inside or tical application is another. Gun show clean. outside the door of the gun show. promoters who play by all the rules, if The President and the administrative Most importantly, McCain-Reed ig- you have substantially put them at policy statement urged us to keep this nores the real problem. Multiple gov- risk by liability, they will step back. bill clean so it can become law this ernment studies have proven that gun Again, you close another door for the year instead of simply fall because the shows are not the source of crime. But legitimate citizen who would attempt goal of those who are gun control advo- because there was once a crime report to acquire a firearm in a logical way. cates in the Senate would load it up in that mentioned the word ‘‘loophole,’’ McCain-Reed creates massive bureau- a way that it would be too heavy to all the romance of that word, somehow cratic redtape. That is reasonable to move back through the Senate and out there they can catch the ear of the assume. Certainly the author of the back through the House or through a American public suggesting that here amendment can say one thing, the ATF conference. is a hole that all types of criminals and in its administration and the regula- I yield the floor and suggest the ab- terrorists are getting through to gain tions that would be written would be sence of a quorum if all time can be access to firearms. quite another. taken equally from both sides. The Bureau of Justice Statistics re- McCain-Reed turns what can often- The PRESIDING OFFICER. Without ports in ‘‘Firearm Use By Offenders times be a casual conversation into a objection, it is so ordered. Found’’ that less than 1 percent of U.S. gun show sale. Let me give an example. The clerk will call the roll. crime guns come from gun shows. The If you are a gun show active partici- The assistant bill clerk proceeded to 2001 study was based on an interview of pant, you go, attend, you like to walk call the roll. 18,000 prison inmates and is the largest around and look at the displays; you Mr. REED. Madam President, I ask such study ever conducted by the Gov- see a firearm you like. But you decide unanimous consent that the order for ernment under legitimate polling and not to buy it at that time. But you the quorum call be rescinded. informational-gathering terms. know a given dealer has it, or an indi- The PRESIDING OFFICER. Without That is a pretty significant figure, 1 vidual in this case, because a dealer— objection, it is so ordered. percent—a significant figure if you you would obviously be protected by Mr. REED. Madam President, I make want to compare that to establishing a the Federal law and the need for a a parliamentary inquiry and ask how whole new bureaucracy and controlling background check. This is an exhibitor, much time is remaining for the various over 1,000 legitimate gun shows on an a collector, who is not required by law parties. annual basis. to adhere to that standard. The PRESIDING OFFICER. The Sen- The Bureau of Justice Statistics Some weeks later you have convinced ator from Rhode Island has 31⁄2 min- study is consistent with a previous your wife that maybe that is really the utes; the Senator from California, 51⁄2 study. The 2000 study, ‘‘Federal Fire- firearm you ought to own and you pick minutes; the Senator from Idaho, 19 arm Offenders,’’ as reported in 1992 and up the phone and call him because you minutes. 1998, found that 1.7 percent of Federal took their business card and you buy Mr. REED. Madam President, just prison inmates obtained their guns the weapon. Is that a transaction of a very briefly, I would like to respond to from a gun show. gun show? I don’t think it is clear in two points that the Senator from Idaho Similarly, the National Institute of the McCain-Reed amendment. Is that made. One is the suggestion that the Justice, 1997 study, ‘‘Homicides In person, by that telephone call, in viola- Federal study of the felons indicates a Eight United States Cities’’ reported tion of the law? He may not be, but if very low number of people who have less than 2 percent. All of the studies the person who owns the gun says, used gun shows to get weapons. are hovering in that 1 to 11⁄2 percent great, I will sell it to you, come over I would be very curious to study range on the average. Those are the re- and pick it up, or I will arrive at a State prisons because it is in the State alities of what we are dealing with. point in time where we can meet and prisons you find more people who are We are today trying to drag down a exchange the necessary purchase to do convicted of crimes such as homicides very important law in this country or so, are they in violation of the law? I and armed robberies and burglaries. the very important effort to change don’t know. This unenforceable system Federal laws usually encompass more law in this country to protect legiti- makes it arguable whether that is the white-collar criminals, although there mate commerce and legitimate manu- kind of thing that would happen. are a significant number of criminals facturers and those who are licensed Those are some of the preliminary in jail under Federal drug trafficking gun dealers by cluttering up, in my questions I have at first glance at this charges. words, S. 1805 in a way that might drag amendment that we saw several hours But I think the studies we have seen it down. ago which is different from what has suggest, very strongly—and the ATF The McCain-Reed bill, S. 1807, mas- been originally produced over the years has suggested very strongly—that gun querades as reform, imposing bureau- that certainly would have created sub- shows are a source of a significant cratic restrictions aimed at shutting stantial bureaucratic redtape. At the number of weapons. down gun shows without fixing real same time, there is a simple premise I also point out, in response to the problems on the national instant back- here that we ought not ignore. We are Senator from Idaho, the suggestion ground check. now setting gun shows apart as a sepa- that this is going to disrupt gun shows, The Senator deserves credit. We have rate and unique form of commerce for create very difficult matters of inter- worked together to try to make those law-abiding citizens in the exercise of pretation so that individuals will be so improvements. I want a background their second amendment rights. All confused that gun shows will wither on check. I want no law-abiding citizen to that can go on inside the door of the the vine, I think that could not be fur- be blocked from acquiring a gun or gun show can go on outside the door of ther from the truth. making it difficult to do. For those the gun show. Let me point out that States have al- who have in their background those So if that is the basis of the argu- ready stepped up and passed legislation kinds of records that violate the law, ment that step one is to control the in- to close this loophole, to require every- we want to check them and keep them side, I have to believe the desire is step one who is selling weapons at a gun out of the business of owning a gun. two sometime down the road, to work show—regardless of their license sta- Despite changes from the Lautenberg aggressively to control the outside. tus—to involve a background check on juvenile justice amendment of 1999 that That is why I and others who believe in a potential purchaser. is based on the new compromise bill our constitutional rights and our sec- In North Carolina, in 2003, there were like its parent, S. 890 fails to address ond amendment rights believe the cur- 76 gun shows. I am told, actually, gun shows most significant concern rent laws that are on the books are North Carolina is ahead of the rest of and would create, again, massive liabil- adequate to effectively police the le- the country in developing their data

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1920 CONGRESSIONAL RECORD — SENATE March 1, 2004 system for instant checks. So there is 3-day waiting period is still in place. Mr. REED. Madam President, one of one example where a State has closed a We know that. Gun shows, by their own the factual points that has to be gun show loophole, but gun shows con- activity, are a 2-day event. If you drive stressed again and again is the na- tinue to thrive. In fact, North Carolina 100 miles or 200 or 300 miles to a show, tional criminal background check sys- has the distinction of having the most you want to buy a gun that day. You tem is very efficient and rapid. Ninety- gun shows in the year 2003, from our want an instant background check. one percent of background checks take records. I am sorry, Wisconsin had 88. There is a waiting period involved in less than 5 minutes, so 91 percent of So they eclipsed them. And Florida had normal commerce—I should put it this the checks involved in the sale under 111. But North Carolina is among the way: the Lautenberg amendment al- our amendment, by an unlicensed deal- top 10, at least. lowed a 3-day waiting period, the same er, would be expedited in a matter of I think that is an example to dem- as current law. That is the only minutes—less than 5 minutes. And 95 onstrate this will not undermine gun uniqueness I know to a gun show. It is percent of these checks take less than shows. It will not impose undue bur- like a flea market, from the standpoint 2 hours. This is not a burden that is dens on individuals, people who wish to that you go there to buy, not to look going to undermine the ability of a li- sell weapons and people who wish, hon- and think and buy later. You need in- censed or unlicensed dealer to operate estly and legally, to acquire them. So I stant capability to say yes or no. You at a gun show, or for a gun show to op- believe this amendment is compelled are legitimate in that commerce. We erate at all. by the evidence we have seen. are working hard to get there with fed- The evidence before us suggests that Now, the Senator from Idaho has in- erally licensed firearm dealers. in States which have not only instant dicated the law has worked. It cer- Also, I argue those who are collectors checks on all sales but also background tainly did not work for that police offi- and casual dealers at gun shows should checks, and sometimes even waiting cer in Garland, TX, who was killed by not be tied to that law because they periods, gun shows continue to operate. a weapon that apparently flowed are not involved in major commerce. Again, this is not going to cause an through people exploiting the gun show Those are some of the complications undue burden on individuals who want loophole. And it certainly did not work involved in this type of restriction. to acquire a weapon. for the 13 children at Columbine High Then the last argument I place is a The other factor I think has to be School. great frustration. Much of what we do pointed out again is surveys of gun I think we can make it work. I think is impulse buying. But, then again, owners overwhelmingly support the we can make it work if we adopt the much of what we do isn’t impulse buy- idea of a background check applying to Reed-McCain amendment. ing. If you are buying a $200 or $300 or all sales at these shows. In a recent I yield the floor. $400 or $500 item, sometimes you have survey, 83 percent of gun owners said it The PRESIDING OFFICER. Who to go home and talk to somebody else makes sense. Again, the public nature yields time? about that kind of acquisition. So if of a gun show—the inability for an individual to screen his customers is If no one yields time, time will be you do and days later you call the indi- quite different than a private sale or a charged proportionately to all sides. vidual who may not be—well, if he or transfer of a weapon between family The Senator from Idaho. she isn’t a dealer, they are not required members, and quite different than the Mr. CRAIG. Madam President, time to comply with the background check, transfer of weapons among people in a is running on both sides, and running but are very legitimate and honest. hunt club. out rapidly, because at 4 o’clock Sen- The question is, if their amendment That is all protected in our amend- ator BINGAMAN will have the floor for were law, would you in fact be causing ment, because there is knowledge who the purpose of offering an amendment. that person to violate the law or forc- So I want to make some concluding you are dealing with. Here, you could ing that individual to find a way to do have literally hundreds of thousands of remarks, at least for today, as it re- a background check when they were lates to the gun show loophole amend- people come to your booth, look at a the collector or the casual seller of a weapon, and say I would like to buy. If ment. particular firearm? Those are, I be- there is no background check, how does I think, clearly, we have established lieve, legitimate questions that speak that there are well over 1,000 gun shows that conscientious seller know if he is to the complication and frustration of dealing with a criminal? commercially in this country that are stepping into a commerce in which That is why I think the over- registered and abide by the law, some there are no Federal regulations today, whelming number of gun owners and 300 exhibitors on the average, and some other than existing Federal law that attendees at gun shows suggests this 4,000 people who attend each show on a governs the sale of firearms by licensed amendment would be helpful, not hurt- regular basis. And the law that is cur- dealers. ful. And I agree. I urge my colleagues, rently on the books outside of the gun Those are our concerns. Once again, I when we lay the amendment down to- show is appropriately and legally and appeal to my colleagues to turn down morrow and when we vote, to support necessarily on the books inside the gun this amendment with a no vote, to this amendment. It provides a com- show. keep S. 1805 clean, so we can get it to monsense approach to ensuring there is So how does the word ‘‘loophole’’ ap- the President’s desk, hoping it will be- an even and level playing field so ev- pear? Well, it appeared out of a special come law. erybody who is participating in a gun study that said, yes, rarely but on oc- I understand Senator CORNYN is on show on both sides of the transaction casion—those are my words, not the his way to the floor and hopes to speak knows there will be a background study’s words—does somebody get a for a few moments on this issue. We check. I think it is particularly impor- gun out of a gun show that is used by hope he will be able to get here before tant because we already have evidence them or someone else in the commis- 4 o’clock when our time runs out on of individuals who are criminals who sion of a crime. And the answer is, yes, this particular amendment. have exploited this loophole, and ter- around 1 percent. Oh, therefore, there Mr. REED. Madam President, I am rorists—three we know by name—and, must be a loophole. informed Senator SCHUMER will not be frankly, they are not in the business of Well, there is a loophole, and it is arriving to the floor. Since there was a broadcasting their names. They under- also outside of a gun show, if you want unanimous consent that allocated 5 stood the loophole, sought to exploit it to argue it from that standpoint. It is minutes to him from Senator FEIN- and indeed, in some cases, they were called the back streets and the alleys STEIN’s time, I ask unanimous consent successful—momentarily successful. and the car trunks and the drug traf- I be given any time remaining of Sen- We owe it to the safety of the public fickers who deal in this illicit com- ator FEINSTEIN and Senator MCCAIN. to ensure this gun show loophole is merce for not good will, but for profit. The PRESIDING OFFICER. Without closed. The McCain-Reed amendment Usually many acquire their firearms objection, it is so ordered. will do that. I urge my colleagues to who then use them in the commission Mr. REED. How much time will that support it tomorrow. of a crime in another way. be? I yield the floor. Here is our problem with any kind of The PRESIDING OFFICER. That will The PRESIDING OFFICER. The Sen- failure to do instant check. That is, the be 41⁄2 minutes. ator from Idaho.

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 1, 2004 CONGRESSIONAL RECORD — SENATE S1921 Mr. CRAIG. Madam President, I un- Does the law work? You bet it works I believe when it comes to protecting derstand my colleague has reserved the if it is enforced. We are finding out all the American people, the instant back- balance of the time to be granted to new kinds of things about terrorists, ground checks that are required upon both Senators FEINSTEIN and MCCAIN. and the reason we are tragically find- the sale of firearms are a very impor- Mr. REED. No. Senator SCHUMER will ing them out is because we were lax in tant part of protecting the public. not be here. I asked to be given the re- our country. Gun shows are not the Principally, I believe it is important maining time to allocate to anybody chosen venue by which the terrorist because it does, on a near instanta- who may come to speak. element acquires lethalness, and we neous basis, determine who can legally Mr. CRAIG. How much time remains know that to be a fact. We know less purchase a firearm and who cannot. In- on both sides? than 1 percent, or around that figure, deed, it is a Federal crime for a con- The PRESIDING OFFICER. The Sen- of firearms that might be sold at gun victed felon, or some other person who ator from Idaho has 11 minutes, 50 sec- shows somehow find their way into cannot legally possess a firearm, to onds. The Senator from Rhode Island, criminal activity. Oh, and that is a rea- purchase one and, conversely, for the 45 seconds. son to set up a whole new Federal bu- retailer to sell it. This provides an in- Mr. CRAIG. Thank you, Madam reaucracy, a brand new hurdle over stantaneous piece of essential informa- President. which we ask the law-biding citizens to tion when it comes to compliance with ‘‘Momentarily,’’ but they were adhere? I think not. caught. That is how my colleague just the law. The wonderful thing about law-abid- Of course, we know the primary referred to those three terrorists he ing citizens is they obey the law. threat, in terms of public safety, comes highlighted as a major reason to estab- Sometimes they are very frustrated by from when career criminals illegally lish a new bureaucratic hurdle for law- it, but they obey the law. Thank good- use firearms to commit crimes, which abiding citizens. How were they ness most of the citizens in our coun- caught? They violated the law. They they do typically from the time they try believe so strongly in obeying the get up in the morning until the time violated the current law that governs law. the sale of firearms, that controls, or they go to bed at night. All of the examples, I believe, Sen- This would provide for the continu- hopefully controls, illegal aliens from ator REED has given and the reason he ation of this privacy protection that acquiring firearms, and all the rest of can report on them is because the ex- was contained in the omnibus appro- it. That is a recordable fact. amples are of people who broke the priations bill. Did they acquire the firearms at a law, were apprehended by the law, and gun show? Maybe they did. Were they It is specific. What this would require did the time or were convicted and are is 24 hours after a sale takes place to a caught? Yes. Does it mean the loophole serving time. That is the reality of stops that, that the sieve is so tight lawful gun owner—that is, there is no what we are about. reason to limit or otherwise be con- nothing falls through? I don’t think it I am one of the coauthors of the means that. If the desire is there to ac- cerned about the legality of that sale; NICS Instant Background Check Sys- it is as if the gun were sold to you, me, quire the gun, then they simply stand tem, and I am going to push to get it as at the door. The person or persons in- Senator REED, or Senator CRAIG—that accurate as we possibly can, and we it would be required to be destroyed. volved, if they are not licensed feder- ought to apply that to all federally li- ally regulated firearms dealers, can The purpose of this, of course, is to de- censed firearm commerce. But to sug- termine the sale takes place to some- step outside and, in a different trans- gest to the individual, whether they action, sell that weapon. That is the body who can legally purchase the gun are inside the gun show or outside the and is no threat to the public safety. tragedy today of any commerce, espe- gun show, that if you are not in the cially by those seeking to acquire ille- The purpose of the instant back- business of selling a firearm, you, too, gally and seeking to do harm with that ground check is not—I repeat not—for must comply, I don’t think that is the which they acquire—whether it be ex- the Government to maintain a perma- case. I hope my colleagues will agree plosives or a firearm of any kind. So nent record of who owns firearms. That with me. invasion of personal privacy is not jus- walk into a gun show and say I would May I ask how much time is remain- really be interested in selling that fire- tified by any sound public policy of ing? which I am aware, and I think it would arm. But if you would meet me outside The PRESIDING OFFICER. Six min- somewhere, maybe I could buy it. I be altogether appropriate for those utes 10 seconds. records of instant background checks would hope 100 percent of those who Mr. CRAIG. Madam President, the to lawful purchasers be destroyed, as is are registered would never do that and Senator from Texas having arrived, I currently the law, after no more than 99.9 percent of them won’t because they say to him I have 6 minutes left in the 24 hours. are law-abiding citizens and would not. allocated time under the unanimous If there is a loophole, there is another I emphasize this does not change the consent agreement and would be happy requirement that dealers must keep one, and that is the reality of what we to yield to the Senator for the use of are trying to deal with. records of all firearms sales. Under cur- that time. rent law, these records must be re- Finally, let us understand that we I yield to the Senator from Texas all tained for up to 20 years to help trace have been able to reduce crime rates in but 30 seconds of my remaining time. this country and we have been able to The PRESIDING OFFICER. The Sen- firearms purchases, and dealers must save lives in this country when we said ator from Texas. still comply with all Bureau of Alco- if you use a gun in the commission of Mr. CORNYN. Madam President, I hol, Tobacco, Firearms and Explosives a crime, you do the time. No questions send an amendment to the desk. trace requests in the course of a crimi- asked. You are not plea-bargained back The PRESIDING OFFICER. Is it the nal investigation. to the street. You are not granted leni- Chair’s understanding this amendment Finally, for any instant background ency. If you use the gun, you do the is just to be submitted? check that reveals a potential sale to time. Mr. CORNYN. To clarify, I send an an unlawful purchaser, those records Time and again where that principle amendment to the desk to be filed. would be retained, as they are under has been used, commission of a crime The PRESIDING OFFICER. The current law, and they would not be sub- with the use of a firearm drops dra- amendment will be received. ject to destruction after 24 hours. matically. The fellow who was robbing The Senator from Texas. I submit to my colleagues this would the 7–Eleven stores in Richmond with a Mr. CORNYN. Madam President, this be altogether an appropriate way of baseball bat and caught was asked by amendment is the gun owner privacy protecting the privacy of gun owners of the authorities why he didn’t use a protection amendment. This amend- an important corollary to the instant gun. He said: Because if I did, they ment actually will not change the laws background checks which I believe would have put me in prison. Because that currently exist, but it will con- have protected the American people in Richmond they were absolute in the tinue a temporary provision that was from felons and others who cannot le- prosecution of the law. So he chose an- included in the omnibus appropriations gally purchase or even possess fire- other weapon to intimidate the oper- bill that will otherwise expire at the arms, which is the policy of the current ator of a 7–Eleven store. end of this fiscal year. law.

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1922 CONGRESSIONAL RECORD — SENATE March 1, 2004 I yield back the remaining time. (Purpose: To modify the definition of Let me explain a real-life situation The PRESIDING OFFICER. The Sen- reasonably foreseeable) where this problem occurred in my ator from Idaho. On page 9, strike lines 1 and 2, and insert home State and in our largest city of Mr. CRAIG. Madam President, I the following: Albuquerque. In 1993, there were three thank the Senator from Texas for what product, when used as intended or when used teenage boys, 14, 15 and 16, who were I think is a very sensible and respon- in a manner that is reasonably foreseeable, hanging out together at the house of sible amendment as he proposed it. I provided that the term ‘‘reasonably foresee- the parents of the 14-year-old. Sean wish it could become part of S. 1805. It able’’ means the reasonable anticipation that harm or injury is likely to result. Smith was his name. They decided to will not have that opportunity at this go out for something to eat, and while Mr. BINGAMAN. Madam President, time. I do believe in protecting law- they were out they were approached in my amendment would correct one of abiding citizens and not allowing our a parking lot to see if they would be the most obvious problems with S. 1805. Federal Government to develop a paper In fact, what it would do is to amend S. willing to buy a gun along with some trail of the kind that has no value 1805 so that the bill would do more of ammunition for that gun, and the price other than to know what a private law- what its proponents claim they want to quoted to them was $40. abiding citizen may own in relation to do. The 15-year-old in the group, whose a firearm. The proponents of S. 1805 say its pur- name was Michael, examined the gun’s These records ought to be destroyed, pose is to bar frivolous or junk law- chamber and saw that it was empty. He as the Senator clearly spelled out, in a suits against gun manufacturers and took the ammunition magazine and he 24-hour period. That is what is impor- dealers. They define these frivolous inserted it in the gun since it was being tant about it. We are not going to be suits as situations in which the manu- offered as part of the package deal. He able to get to this particular segment facturer and the dealer have done noth- inserted it in the gun and he bought of the issue at this time. I hope we will ing wrong, but situations where al- the whole thing. Then they went back have the opportunity to do so. though they have done nothing wrong to Sean’s house to continue to waste I yield back the remainder of my they are being sued when a perfectly time. time. good gun, but in a perfectly legal man- At the house, Michael took the mag- The PRESIDING OFFICER. The Sen- ner, is misused by a criminal to cause azine back out of the gun and they con- ator from Rhode Island. damage that neither the manufacturer tinued to pass the gun around while Mr. REED. Just very quickly because nor the dealer intended or could have they were doing various other things. I have very little time, this amend- foreseen. All three of these teenagers thought ment does not create a new Federal bu- I have some sympathy with that con- the gun was unloaded since the maga- reaucracy. The national instant crimi- cern. In my view, there ought to be zine had been taken out of the gun nal background check system exists. some protections against frivolous again. We simply are applying it to unli- cases, but S. 1805 bars much more than While they were passing this gun censed dealers at gun shows. frivolous cases. It also bars cases where around, one of the boys, as he later Second, I have heard much this after- the injury is caused by an act or omis- said, stupidly pulled the trigger and ac- noon about the law working. It has sion of the manufacturer or dealer cidentally shot Sean, the youngest of worked occasionally to punish terror- where the gun was defectively designed these three teenagers, who was talking ists and criminals who have used vio- or manufactured and where that defec- on the telephone across the room. A lence and weapons, but it has not tive design or manufacture was what bullet hit him in the mouth. It seri- worked as effectively to prevent harm caused the injury. ously injured him. to people who have been killed, the The National Rifle Association has Sean and his parents filed suit most obvious and most notable, 13 distributed a statement opposing my against the manufacturer and dis- young people at Columbine High amendment. In that statement they tributor, claiming that the gun was de- School. The Reed-McCain, McCain- say that S. 1805 does not prohibit rea- fectively designed in that there was no Reed amendment can help prevent, we sonable suits in product defect cases warning that the gun might still be hope, this violence that so often where the firearm or ammunition is loaded even though the magazine had strikes our communities. used in a reasonably foreseeable man- been removed and there was no safety I yield back my time. ner. device on the gun to prevent it from The PRESIDING OFFICER. Under That statement is blatantly false. S. being fired when the magazine had the previous order, the Senator from 1805 says a person can bring a suit for been removed. New Mexico is recognized. injury caused by a defective product if The trial judge dismissed the case, Mr. BINGAMAN. Madam President, the injury is reasonably foreseeable, but the New Mexico Court of Appeals what is the pending business? but then it goes on to say it is only said the case should have been allowed The PRESIDING OFFICER. The reasonable to foresee injuries that to proceed, and they reinstated the Levin amendment is currently pending. occur when in all other respects the case. In doing so, they made a very key Mr. BINGAMAN. Madam President, I gun is used in a lawful manner. In distinction. In their opinion, they said: ask unanimous consent that amend- other words, we should not expect a This is not a case where the plaintiffs are ment be set aside. manufacturer of a gun to anticipate arguing that this gun was per se defective The PRESIDING OFFICER. Without that anyone would ever be injured from and capable of being misused. This is a case objection, it is so ordered. the use of that gun while some other where the plaintiffs are saying that the de- AMENDMENT NO. 2635 law might be violated. sign of a gun was defective and that the de- Mr. BINGAMAN. Madam President, I This is contrary to common sense. It signers and manufacturers should have fore- send an amendment to the desk and is analogous to saying that a car man- seen that an accident like this could happen. ask for its immediate consideration. ufacturer could only be held liable for The court said that the jury should The PRESIDING OFFICER. The a defective steering system in the car if have been allowed to determine wheth- clerk will report. the driver were in all other respects er this kind of injury was foreseeable The assistant journal clerk read as obeying all traffic laws when the injury with a gun designed in this way. follows: occurred. If the driver happened to be If S. 1805, as it currently exists on the The Senator from New Mexico [Mr. BINGA- speeding or had an expired license, Senate floor, is enacted without my MAN] for himself and Mr. CORZINE, proposes then suit for the defective steering sys- amendment, this suit by Sean Smith an amendment numbered 2635. tem would be barred. That means all and his parents will be banned, and Mr. BINGAMAN. Madam President, I suits against the manufacturer/dealer, similar suits will be banned. ask unanimous consent that the read- not just by the driver of the car but by This is not just my opinion. This is ing of the amendment be dispensed anyone else who was injured, a pedes- the opinion of the Congressional Re- with. trian or a passenger in the car, would search Service. In a memorandum to The PRESIDING OFFICER. Without be barred if we were to apply the same me last week, they stated that for this objection, it is so ordered. logic that we are applying in this bill case to avoid the bar that is imposed The amendment is as follows: to automobile manufacturers as well. by S. 1805, the plaintiffs would have to

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 1, 2004 CONGRESSIONAL RECORD — SENATE S1923 show two things. No. 1, they would other manufacturers are; that is, auto are not foreseeable, that a person can have to persuade a jury that the injury manufacturers, lawnmower manufac- generally assume others will obey the was reasonably foreseeable, but second, turers, manufacturers of toasters. It law. As one authoritative treatise stat- they would have to show that in no defines ‘‘reasonably foreseeable’’ the ed: other respect was the misuse of the way it is universally defined in the tort There is normally much less reason to an- weapon either criminal or unlawful. law. That is the reasonable anticipa- ticipate acts on the part of others which are The Congressional Research Service tion that harm or injury is likely to re- those which are merely negligent, and this is concludes that there is a New Mexico sult. all the more true where, as is usually the criminal statute prohibiting the neg- We should not be passing a law to case, such acts are criminal. ligent use of a deadly weapon, and that shield gun manufacturers from the Under all ordinary and normal cir- this statute was violated here so that standard of care that all other manu- cumstances, in the absence of any rea- in their view the suit would be barred facturers are required to meet. As writ- son to expect the contrary, the actor under the language of S. 1805. ten, S. 1805 carves out special protec- may reasonably proceed under the as- The truth is, in virtually every State tion for a special interest group. This sumption that others will obey the in this country there is a criminal statis not the equal justice under law that criminal law. ute prohibiting the negligent use of a we all give speeches about on the Sen- A Maryland court, in the case of Val- deadly weapon. So what S. 1805 is say- ate floor. This is not fair to the victims entine v. On Target, quoted this when ing is, if a person is injured by the neg- of gun violence and gun accidents, such it ruled that a victim of a criminal ligent use of a gun, then the Congress as Sean Smith and his family in Albu- shooting could not sue a gunshop for a is declaring that the designer, manu- querque. When an injury such as this murder committed by a gun stolen facturer, and dealer cannot be sued occurs, they should have some redress from the dealer’s display case. even if the injury was the result of the in the courts. Without my amendment, Again, here, as in product defect negligence of that designer, manufac- they will not. I urge my colleagues to cases, the criminal and unlawful mis- turer, or dealer. support the amendment. use of a product is not included in the Congress is saying that regardless of I yield the floor. definition of reasonably foreseeable. The PRESIDING OFFICER. The Sen- the facts of the case, we in Congress Senator BINGAMAN’s amendment, by ator from Idaho. including this language, would strike are deciding that all such injuries are Mr. CRAIG. Madam President, I un- not reasonably foreseeable by those po- these longstanding principles of tort derstand Senator SESSIONS will be to tential defendants. law and, as lawmakers, it is important the floor momentarily to join with me to recognize these principles of law in I said that this conclusion con- in debating the Bingaman amendment. tradicts all common sense. Let me also S. 1805, and that is exactly what we do. But for the moment let me suggest Although the legislation does not pro- point out in addition to that the tort that the Bingaman amendment would laws of our States say you can sue peo- hibit reasonable suit in product defect modify very clearly the definition of cases where a firearm or ammunition is ple for injuries they suffer if the inju- ‘‘reasonably foreseeable’’ in product ries were caused by the negligence of used in a reasonably foreseeable man- defect cases in such a way that would ner, there is also no open door for the person you are suing and the per- undermine, clearly, the purpose of S. son should have reasonably foreseen antigun activist lawyers to claim that 1805 and undo the Daschle amendment, firearms are defective products just be- those injuries would occur. This is also the very corrections that the minority black letter law, well recognized by the cause they can be used in crime. For leader thought were necessary to be this reason I certainly urge that my American Law Institute in their re- made and to which I and others agreed. colleagues oppose the Bingaman statement of torts, their Second Re- Rather than leave criminal and un- amendment. In fact, it strikes to the statement of Torts, which I think is lawful misuse out of the definition of universally recognized as an accurate reasonably foreseeable use, like S. 1805 very heart of that which Senator statement of the law in this country. and the Daschle amendment, the DASCHLE and I proposed in a very bipartisan way, to make this legislation In section 302(a) of that restatement amendment of Senator BINGAMAN of torts, the ALI, the American Law would define the term ‘‘reasonably as broadly acceptable as it is. Institute, says: foreseeable’’ in product defect cases to The case that the Senator is refer- ring to, no matter how sympathetic, An act or an omission may be negligent if mean the reasonable anticipation that the actor realizes or should realize that it in- harm or injury is likely to result. still involves a violation of the law for volves an unreasonable risk of harm to an- S. 1805 exempts product defect cases something such as negligent homicide other through the negligent or reckless con- from qualified civil liability actions. or the negligent handling of a weapon. duct of another or a third person. The bill, in other words, allows actions Again, criminal or unlawful behavior is Then, in 302(b), they go on to say: for physical injuries or property dam- not foreseeable. This is established in An act or an omission may be negligent if age resulting directly from a defect in longstanding principles of tort law, as I the actor realizes or should realize that it in- design or manufacture of the product said, and here, in product defect cases, volves an unreasonable risk of harm to an- when the product is used as intended or these principles similarly apply. other through the conduct of the other or a in a manner that is reasonably foresee- The Senator’s amendment again third person which is intended to cause able. As it relates to product defect would strike language, as I said, from harm, even though such conduct is criminal. cases, the term ‘‘reasonably foresee- S. 1805, that clearly restates what we S. 1805 redefines what is reasonably able’’ does not include any criminal or believe to be current law and an impor- foreseeable for companies that are in unlawful misuse of a qualified product, tant part of the law. this particular business—this par- other than possessory offenses. The practical effect of this definition ticular business being the designing, The Daschle amendment simply is that it would bar many valid product the manufacturing, and the selling of made a technical change by including liability suits involving accidental guns. It says that we may want to re- this definition of reasonably foresee- shootings. quire auto manufacturers to foresee able in the section on product defect For example, in Smith v. Bryco, as that producing a defective steering sys- cases. he mentioned, a 15-year-old uninten- tem could injure people, even people In other words, current product li- tionally shot his friend when he pulled who are riding in cars where the driver ability law still pertains. S. 1805 does the trigger of an illegally purchased is violating another law, but we will not erase this. The substance, however, handgun after removing the magazine. not require that gun manufacturers remains the same as I have said. That He thought the gun would not fire foresee that producing a defective gun is, both S. 1805 and the Daschle amend- without the magazine and did not real- may injure people unless, in all other ment make clear that criminal and un- ize that a bullet may remain in the respects, there are no laws being vio- lawful misuse of a qualified product is chamber. His parents sued the manu- lated. not included in use that is reasonably facturer under strict product liability So my amendment is very simple. It foreseeable. and negligence theories asserting that states gun manufacturers should be Tort law has long recognized the the handgun should have incorporated held to the same standard of care as principle that criminal acts and others a warning, chamber-loading indicator,

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1924 CONGRESSIONAL RECORD — SENATE March 1, 2004 or a magazine-out safety. Under S. complaints at the margin about this or dealer or a gun manufacturer if a 1805, cases like this one would likely be that would be wrong and how it could criminal got a gun and shot one of dismissed because they involve some be harmful. them and that we ought not to stop violation of law—certainly in this As a young law student in Alabama, that. But I don’t know police officers case—other than a possessory offense we had courses on common law plead- who want to sue the gun manufacturer such as negligent homicide, negligent ings. I think Massachusetts and Ala- when a criminal shoots them. They handling of a weapon, or similar of- bama were the last two in the Nation carry on their hip a gun made by a gun fense. that still had that. You had to plead manufacturer every day. Those are the fundamental issues. I with specificity in replevin and trover This bill, to its credit, is moving for- certainly urge my colleagues to oppose and trespass. It goes back to the ward. Our amendment, which was the Bingaman amendment. English days. You had to say exactly agreed to, will allow officers not on ac- We will vote on this amendment at 5 what your cause of action was and why tive duty to carry guns so they can be o’clock. I hope others might come to you were entitled to relief. If you did available to help defend American citi- the floor for purposes of debate on this not state it properly, the judge threw zens if they come upon someone in amendment. it out before trial. It became so com- trouble from a criminal act. I guess what I want to emphasize— I see Senator SESSIONS entering the plex that it was abused. So we went to and I express my appreciation to Sen- Chamber now and he wished time on the more common law pleading like ator CRAIG and others who have this important amendment. every other State had done. But I brought this liability bill—is they are Let me also repeat that clearly part think we have gone too far the other not doing something wrong. They are of the Bingaman amendment goes to way. changing the law as it has historically the very heart of the definition as it re- I want to share this story that was in been. They are dealing with a situation lates to ‘‘reasonably foreseeable’’ in Saturday’s Washington Times about an in which a group of activist attorneys the law. We think that is critically im- incident that occurred in Maryland. or a group of activist politicians— portant. That is why Senator DASCHLE The story is as follows: and I teamed to make sure this law sometimes mayors, sometimes DAs— Sometime after closing on Friday night, are filing lawsuits in jurisdictions that was, as I expressed it to be on Wednes- March 16, and Saturday night, March 17, 2001, are less friendly to guns than other ju- day and Thursday and Friday of last thieves broke into Back River Supply’s risdictions. They are seeking million- week, a very narrow approach toward Glyndon plant, owned by the Geckle broth- dollar verdicts against perfectly inno- dealing with the kinds of junk or frivo- ers. They made off with equipment, includ- cent manufacturers who have complied lous lawsuits we have seen filed now ing saws, a laser and a fax machine. Most ominously, they took a gun. with the law, who have done every- well over 30 times across this country Matt and Tony called the police and filled thing the Federal Government has said in which law-abiding gun manufactur- out the requisite reports. On March 18, they they should, has sent the guns down to ers and dealers have spent hundreds of tried to install a security camera, but could a dealer who has a whole complex se- millions of dollars defending them- not get it to work. Matt (who told the Balti- ries of rules that he must comply with selves, only to have, in most instances, more Sun he was worried that the burglars before selling a gun. And if a person these cases thrown out of court. We would steal the company computers, which were needed to operate the plant) decided does that, they still want to sue be- would hope as they enter the court- cause of an intervening criminal act. house door and the arguments are that he would stay over on Sunday night to drive off the burglars if they decided to come I have dealt with this, as I said on placed that the judge, based on S. 1805, back for a third evening in a row. Tony re- the Senate floor the other day, in de- can make reasonable decisions as to luctantly agreed, and the pair brought their fense of a lawsuit. Under the law, a per- whether this case ought to go forward rifles with them. son is not expected to foresee and, or whether it meets the definition of Early on the morning of March 19, the bur- therefore, be liable for an intervening what we are proposing. glars returned. Tony, armed and standing criminal act. It is just not right. But if May I inquire how much time re- guard, ordered them to stop, but says the in- truders ran toward him in the darkness. a gun dealer has a gun and sells it load- mains? ed, and it goes off and injures some- He fired and killed one of the bur- The PRESIDING OFFICER. Twenty- body, he should be sued. If a gun manu- glars. No criminal charges were one minutes 17 seconds. The Senator facturer produces a gun that blows up from New Mexico has just under 18 brought. That should have been the end and knocks somebody’s eye out, they minutes. of it. Unfortunately, the Steinbach es- ought to be sued. But if the gun per- Mr. CRAIG. I yield 10 minutes of my tate has now filed a lawsuit demanding forms according to its manufacturer’s time to Senator SESSIONS. $13 million from Geckles and Back requirement, and a criminal uses it to The PRESIDING OFFICER. The Sen- River Supply company. The lawsuit harm somebody, then they should not ator from Alabama. contends that the 4-year-old child of be sued. That has always been the law. Mr. SESSIONS. Madam President, I the criminal has suffered because of his I do not know where we have gotten thank the Senator from Idaho for his father’s death. to this idea that we are going to politi- leadership on this issue. We really do One of our Senators—Friday, I be- cize the law to the extent that we are need to deal with the question of exces- lieve it was—in carrying on the debate to go against lawfully and regulated sive lawsuits in America and try to re- here talked about a circumstance in businesses. Another Senator in the de- store the classical understanding about which someone stole a weapon from a bate said if we cannot pass it, some- fault and who is at fault and who ought gun dealer and went out and com- body has to stand up and do something to be responsible when bad things hap- mitted a crime with it and said that about these guns. If it is not done by pen. The legal system has never under- something was wrong if we would keep the legislature, we ought to let them stood that somebody has to pay every the victim of this criminal act from do it by lawsuits. time somebody is hurt. What the legal suing this gun dealer. But in these cir- That is the very definition of activ- system has always contemplated is cumstances, the gun dealer is a victim ism. We are the people elected to pass that people who do wrong get sued, not of a crime. gun laws. We have had a lot of debate the people who do right. People who How did we get to the point where we on that. People have disagreements are responsible for the activity are the are suing criminal victims instead of about where we should draw the line, ones who are subject to the lawsuit— the person who sold the gun and com- about what is legal or illegal. That is not the person who is the victim of the mitted a criminal act? What are we the way it should be. We are account- activity. doing having burglars suing people who able to the people. If we do something I just had a number of doctors from are defending their property? This is wrong, we can be voted out of office. It Alabama in my office. They feel so contrary to the rule of law on which is in a lot of political campaigns on strongly that lawsuits are driving up our American Republic was founded. It both sides, what a Senator or Congress- the cost of their doing business and is contrary to the Anglo law that we man did with regard to gun rights in their insurance rates. Every time we inherited from England. It is contrary America. That is what we are paid for. come in with a proposal to constrict to our traditions. Somebody said: Well, To have a judge who is elected to de- that and reduce it, we have all kinds of police officers might want to sue a gun cide lawsuits or a mayor in some city

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 1, 2004 CONGRESSIONAL RECORD — SENATE S1925 that is hostile to guns twist the law around. He assumed when he took the precautions for foreseeable, inten- around to carry out a political agenda magazine out the bullets also all came tional, or criminal acts which the de- that affects the whole United States out. They all assumed that, these three fendant might reasonably anticipate. and changes the law in that fashion, boys. The case I have been focused on was not voted for by elected representa- Now, in fact, they were wrong. One of not a criminal act in the traditional tives, is not good policy. these bullets had stayed in the cham- sense. This was an accident. This 15- I thank the Senator from Idaho. We ber and then there was the accidental year-old boy did not intend to shoot his had many, many examples of these shooting of one of the boys. friend who was sitting across the room kinds of lawsuits that are unwise, not The parents of this boy who was shot talking on the telephone. He did shoot sound as a matter of public policy. This went to court and said, either you him. He shot him in the mouth. It was legislation fundamentally is designed should have had some kind of warning accidental. But because our State leg- to deal with that and to say that we that having a magazine out did not islature and virtually every State leg- are not going to have frivolous law- mean the gun was unloaded or you islature in the country has said that suits brought. We are not going to have should have a safety which provided if the negligent use of a deadly weapon is individuals who comply with the law in the magazine was out you could not a crime, then essentially they have this highly regulated environment and pull the trigger, one of the two. said negligence is the same as criminal do what they are supposed to do, com- The issue before our court in New activity in this instance. ply with the Government regulations, Mexico was, shouldn’t the jury be able The position which the Senator from have them sued because of what a to decide that; should the jury be able Idaho is taking is that since negligence criminal did. It does not make sense, to decide whether the injury that re- is the same as criminal activity, we are not correct. sulted here was reasonably foreseeable. determining as a matter of law here— I wanted to share those remarks, and But does the Senator think in that cir- if we pass this law without my amend- I reserve the remainder of my time. cumstance it is appropriate for the ment, we are determining as a minor- Mr. BINGAMAN. Will the Senator jury to make a decision? ity of law that it is not reasonable to yield? Mr. SESSIONS. I say this to the Sen- assume that any teenager with a gun Mr. SESSIONS. I am delighted to ator. The Senator has to understand, might act in a negligent fashion. yield. and everybody does who deals with a I don’t know how many in Congress Mr. BINGAMAN. From what the Sen- firearm, you have to be careful. You have had teenagers in their house but ator has said, he is on my side and cannot assume because you put a clip, that is just not a commonsense, rea- should support my amendment. a magazine, in it and take it out that sonable position to take. We all know that at times kids act negligently. Where a gun is designed and manu- a cartridge has not been put in the Grownups act negligently. Everyone factured in such a way that a person chamber. would be misled in believing it was un- You want the manufacturer of this does at times. The question is not whether the per- loaded when, in fact, it was still load- gun to be liable for the action of one of son acts negligently but whether an in- ed, and a teenager got ahold of that those kids with regard to another one nocent person who was in that room at gun and accidentally shot his friend, who was reckless or negligent? the time that negligent activity oc- would the Senator agree under those That is what I am saying. I am not curred should be barred from suing for circumstances that the designer or saying the other person who handled a defective product. manufacturer of that gun could be held the gun in an unsafe manner should not Now, the Senator from Alabama says liable if the jury found that the injury be liable if they did. But I don’t think he would not allow suits against a that resulted was reasonably foresee- the manufacturer should be liable for manufacturer because, in his view, this able? that. was not something which would justify Mr. SESSIONS. I say to my distin- Of course drawing these lines, as the that. That should be decided by a jury. guished colleague from New Mexico, Senator knows because he is skilled That is exactly what our court of ap- who has grown up with guns as I have, and knowledgeable in these matters, is peals in New Mexico said. That is the the first principle of a firearm is you difficult, but having a clear line about law of the State of New Mexico. This assume it is loaded. Yet you have to be what we are going to allow in this bill is going to override that. This bill very knowledgeable of that fact. country under classical rules of law is is going to say, it does not matter what The PRESIDING OFFICER. The time what we ought to strive for more. I your juries think, we in the Congress of the Senator has expired. think your amendment is just chipping are saying these guns are not defective, Mr. BINGAMAN. I yield additional away and pushing further in this in- even if the design of the gun results in time to the Senator. stance about which you feel strongly. this type of an injury. Mr. SESSIONS. If the dealer handed Mr. BINGAMAN. I thank the Senator The Senator from Alabama said the a customer a gun that was loaded, per- for his response. people who do wrong are the ones who haps that dealer could be held liable. I Madam President, how much time re- should get sued. I agree with that. That think probably they should. The dealer mains on my side? is exactly what my amendment tries to should have checked before they hand- The PRESIDING OFFICER. There provide. It says let’s make a deter- ed it to them. But I don’t think you are 14 minutes and 10 minutes 29 sec- mination as to whether the designer want a circumstance where you say a onds on the other side. and the manufacturer of this gun did gun that does not clearly show whether Mr. BINGAMAN. Madam President, something wrong when they designed it or not it is loaded creates a liability. let my respond to a few points the Sen- and manufactured it; and, if so, let’s We have never had that before. ator from Idaho made, and also the allow them to be held liable. I have never had a gun that I know of Senator from Alabama. That is exactly what we do in the that shows clearly whether it is loaded The first point that the Senator case of automobile manufacturers. or not. You have to open it up to see if made that I will respond to is the Sen- That is exactly what we do in the case it is loaded. ator from Idaho said the bill as it now of lawnmower manufacturers. It is ex- My time has expired. stands represents longstanding prin- actly what we do in the case of manu- Mr. BINGAMAN. If the Senator will ciples to tort law. The quote he gave us facturers of every other item that we respond on my time, in this case, the was from Prosser and Keeton’s Treatise have in our country. gun in question, a pistol these kids on the Law of Torts. All who have been We are saying, in this bill, look, we bought, and when they bought it they to law school know that Prosser on are going to hold gun manufacturers to looked in the barrel—he was 15 years torts is the accepted authority. The a lower standard than everybody else. I old—he looked in the chamber, saw quote he gave was: An actor may pro- do not understand why it is in the pub- there was no bullet in there, he got the ceed upon the assumption that others lic interest for us to hold gun manufac- magazine and put it in because he was will obey criminal law. turers to a lower standard of care than buying a magazine along with the gun. What he failed to say, if you go on in everybody else who manufacturers any- They went back home and he took the that same paragraph, that: A defendant thing in our country. That does not magazine out and they were passing it may still be held liable for not taking compute with me.

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1926 CONGRESSIONAL RECORD — SENATE March 1, 2004 I think, clearly, the better course is ruary 24, 1836, Travis called for rein- But I do thank my colleague. That to allow the State law of New Mexico forcements with this heroic message. was an awfully important part of Texas and of most States to prevail, to allow Just to put this in context, the war history that became American history. the courts to use traditional principles for independence from Mexico was I retain the remainder of my time for what is foreseeable to determine being fought through the last several and yield the floor. who will be held liable. In fact, in this months and would eventually end be- The PRESIDING OFFICER. The Sen- case, the Court of Appeals of New Mex- cause of the valiant stand at the ator from Delaware. ico was right. This case should have Alamo, at the battle of San Jacinto. Mr. CARPER. Madam President, I been allowed to proceed—should still These 184 men were looking at what rise in support of the Bingaman amend- be allowed to proceed, I would say, be- they thought were 6,000 Mexican sol- ment. I would just note, if I could, my cause this case has still not been com- diers marching on them. They were understanding is this amendment pleted. This case will be barred, if we asking for reinforcements. would clarify that the manufacturer or pass this legislation, and the Smith They did not get those reinforce- the seller of a firearm would still be family—Sean Smith and his parents— ments, but they, nevertheless, fought liable for the foreseeable injuries to a will be denied recovery, not because to the last death. They held them for consumer who purchases a firearm, Sean was acting negligently, because so long that it gave Sam Houston time just like the producer of a toaster or a he was not, because his 15-year-old to then get his troops lined up and to lawnmower or car seats or any other friend was acting negligently. And the form the line on which they would take product, for that matter. New Mexico Legislature has said that their stand; and that was near Hous- I also want to take a moment to the negligent use of a deadly weapon is, ton, TX. It was the battle of San speak on behalf of an amendment that in fact, a crime. Jacinto. is going to be offered and probably So I think my amendment is a small But this letter was dated February voted on tomorrow; and that is, with change in the underlying bill which 24, 1836: respect to gun shows, an effort, on the would dramatically improve it, in my Fellow citizens and compatriots: I am be- part of Senators MCCAIN and REED to opinion, and would cause it to still deal sieged by a thousand or more of the Mexi- close what many of us believe is a loop- with the frivolous cases that the Sen- cans under Santa Ana—I have sustained a hole. ator from Idaho and the Senator from continual bombardment and cannonade for By way of full disclosure, this past Alabama and all are worried about. 24 hours and have not lost a man—the enemy weekend I have been working with my I am not trying to protect frivolous has demanded a surrender at discretion, oth- youngest son, who is an eighth grader erwise, the garrison are to be put to the in a school back in Delaware. In school, cases. There is all this reference to how sword, if the fort is taken—I have answered we have activist attorneys going after the demands with a cannon shot, and our he has a genealogy project. He has to innocent manufacturers. That was flag still waves proudly from the wall—I not only tell his life story, but he has what the Senator from Alabama said. shall never surrender or retreat. to tell the story of both sides of his Frankly, I do not doubt that there are Then, I call on you in the name of liberty, family—his parents’ ancestors—all the some innocent manufacturers. I do not of patriotism and of everything dear to the way back to North Carolina and Ger- doubt there are some activist lawyers. American character, to come to our aid, with many, and places like that. all dispatch. The enemy is receiving rein- In this case, we had a lawyer rep- One of things we came across, in forcements daily and will no doubt increase looking through the genealogy, is that resenting a family that had been in- to three or four thousand in four or five jured, through no fault of their own, days. If this call is neglected, I am deter- about 150 years ago, one of the things and they have a right to go to court. mined to sustain myself as long as possible that was going on in the Carper family, That is all I think we should maintain. and die like a soldier who never forgets what in West Virginia, was the development So I hope my amendment will be is due to his own honor and that of his coun- of something called the Carper rifle. agreed to and that all Senators will try—Victory or Death—William Barret Trav- It turned out to be a firearm that support it. is, Lt. Col., Commander. bears my family’s name and was Madam President, I yield the floor. So, Madam President, this is some- thought to be a weapon people were The PRESIDING OFFICER. The Sen- thing that is celebrated in Texas on anxious to have a long time ago. In ator from Idaho. March 2 of every year. That is the date fact, we still trade a few from time to Mr. CRAIG. Let’ see. Madam Presi- of the signing of the Texas Declaration time. My dad was a big hunter and fish- dent, I have 10 minutes remaining? of Independence from Mexico. erman. I also like to fish and take my The PRESIDING OFFICER. Ten min- My great-great-grandfather signed boys. My sons are Boy Scouts and they utes 22 seconds. that declaration of independence, along are being introduced to weapons as Mr. CRAIG. Madam President, I yield with the first two Senators who even- they go through their training. Occa- 5 of those minutes to the Senator from tually served Texas when, 10 years sionally, we will do some trap shoot- Texas. after it won its independence and had ing. I remember my dad being a gun The PRESIDING OFFICER. The Sen- become a nation, then joined the collector, too. I remember visiting him ator from Texas. United States as a State. And the first and my mom in Florida where they had ORDER OF PROCEDURE two Senators were Sam Houston and lived for some time. I remember look- Mrs. HUTCHISON. Madam President, Thomas Jefferson Rusk. I hold the ing at his gun collection. He had I thank the Senator from Idaho for al- Rusk seat. He was the secretary of war enough for a small army in their home lowing me to do something I have tra- and signed the Texas Declaration of in Seminole, FL. He had rifles, shot- ditionally done every year I have been Independence alongside my great- guns, and even a musket or two, and in the Senate, actually taking a tradi- great-grandfather. They were both del- handguns as well. He used to say, with tion that Senator John Tower started. egates from my mother’s hometown of some humor, if anybody tried to break I ask unanimous consent to speak as in Nacogdoches, TX. into this house, it would be the last morning business to read the letter So, Madam President, I thank you. time they tried to do it. All I know is from William Barret Travis from the And I certainly thank the Senator nobody tried to break into their house. Alamo at the time they were under from Idaho for allowing me to keep My dad also liked people. He was a siege. this tradition. claims adjuster for Nationwide Insur- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- ance Company. In the course of his objection, it is so ordered. ator from Idaho. work, he worked with troopers, police, THE LETTER OF WILLIAM BARRET TRAVIS AT Mr. CRAIG. Madam President, I law enforcement officers. He had a THE ALAMO thought it was important that the Sen- great affection for them and the work Mrs. HUTCHISON. Madam President, ator from Texas be allowed to keep the they did. I am like my father in some at the Alamo, in San Antonio, 184 tradition. My only observation is, if ways and different in some ways. We Texas rebels, led by William Barret that fight had occurred under modern share an affection for the outdoors and Travis, made their stand against Santa law, and with gun control advocates, it also for people. We have a strong re- Ana’s vastly superior Mexican army. would not have been a gun fight; it spect for the second amendment of the On the second day of the siege, Feb- would have been a knife fight. Constitution, believing people ought to

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 1, 2004 CONGRESSIONAL RECORD — SENATE S1927 have a right to bear arms and own attempting to do so. What we have al- the law-abiding individual or company? arms. ways said here is individuals are re- That is the issue at hand. I know the We have a situation in Delaware, as sponsible for their acts, not a third Senator speaks to a specific version of in about 30-some other States, where party or, in this case, the third party is that, but at the same time that is the folks can go to a gun show—and people responsible and not the gun manufac- reality with which we deal here. are not able to buy guns under Dela- turer. It is my understanding all three I hope my colleagues, when we vote ware law. But you can show up at a li- of these young people were minors; at 5 or soon after that, will object to censed dealer and they call in to the they acquired the gun off the street. the Bingaman amendment in support State Bureau of Investigation, and in a You have heard the Senator from Ala- of a clean S. 1805. minute or two they will know whether bama talk about the knowledge of han- I yield back the remainder of my you are eligible to buy a gun. dling a firearm and the tragic mistake time. That same person can go to a gun some make when they assume it is The PRESIDING OFFICER. The Sen- show in my State and if they deal with empty. Any of us who have ever taken ator from New Mexico. Mr. BINGAMAN. Madam President, a licensed dealer, within a couple of a course in firearms knows that, first minutes, they know whether the per- how much time do I have? and foremost, that is the one assump- The PRESIDING OFFICER. Two son may or may not buy a weapon. If tion you never make. That gun has to minutes, 18 seconds. not, they are told you cannot buy a be presumed to be loaded until you Mr. BINGAMAN. Madam President, weapon. Yet somebody can go as far yourself establish by visual contact it to me, this amendment is a question of from me as to the reporter right here, is not. whether we are going to hold gun man- who is not a licensed dealer, and that The Bingaman amendment would ufacturers and designers and dealers to same person who cannot purchase a modify the definition of reasonably the same standards we hold all other gun in my State will purchase a gun. It foreseeable in product defect cases in manufacturers in this country. Or are happens in my State and in dozens of such a way it would undermine clearly we instead going to pass a law that other States around America. the purpose of S. 1805 and undo the says, look, everybody else has to be My law enforcement officers want to Daschle amendment we worked in com- held to a high standard, but if you are see a change. They want to see it promise and balance to bring. Rather designing, manufacturing, or selling a stopped. All of our major law enforce- than leave criminal and unlawful mis- gun, you can forget about that high ment agencies in Delaware, from use out of the definition of reasonably standard; you have a much lower Dover, to Wilmington, to Newcastle, foreseeable use, like S. 1805 and the standard. That is exactly what this bill would like to see that loophole closed. Daschle amendment does, the Binga- does without my amendment. It holds Tomorrow when we vote on the gun man amendment would define the term manufacturers to a much lower stand- show loophole amendment from Sen- reasonably foreseeable in product de- ard. ators MCCAIN and REED, I plan to vote fect cases to mean the reasonable an- I don’t think that is the best public for it. It is good, commonsense legisla- ticipation that harm or injury is likely policy. I think we are making a major tion. I hope it will carry the day to- to result. mistake in this regard. In this cir- morrow when we vote. We don’t think that is how this argu- cumstance, the case I have talked I thank the Senator from New Mex- ment ought to be approached. Again, about for the last hour, where you have ico for allowing me to have this time. there is this great desire in our coun- three teenagers, one of whom acts neg- The PRESIDING OFFICER. The Sen- try that somehow the individual can- ligently and another of whom is in- ator from Idaho is recognized. not be held responsible, that somehow jured as a result of that, there is no Mr. CRAIG. Madam President, I ask it was somebody else’s fault. The case doubt that 15-year-old who acted neg- unanimous consent that the time from the Senator speaks of is, without ques- ligently should be subject to liability 9:30 a.m. to 11:15 a.m. tomorrow be tion, tragic. That I don’t dispute, and for what he did. I am not suggesting he equally divided between the two lead- my heart goes out to the families in should not be subject to liability. All I ers or their designees; provided further, those kinds of incidents, where young am saying is a good argument can be that the time from 11:15 to 11:25 a.m. be people become involved in the misuse made that if this gun had been properly under the control of the Democratic of a firearm and it takes someone’s life designed, there would have been some leader or his designee, and the time or injures them. We hope that does not warning the gun still was loaded or from 11:25 to 11:35 a.m. be under the happen. could be loaded even though the maga- control of the majority leader or his Again, we have to go back to the un- zine was out, or there would be some designee. derlying principle of responsibility, safety mechanism on the gun to keep it Mr. REID. Madam President, I will and in the case of well and long-estab- from being fired when the magazine not object to this. But everybody with- lished court law, it is the individual was out. In either case, this injury in the sound of my voice should under- who is responsible, and if their act would have been avoided. stand these times will not be changed causes injury, they are responsible. All I am saying is that under New tomorrow. We are working under very Certainly, that is the intent and the Mexico law, as our courts have inter- tight time deadlines. For anybody who very narrow character of S. 1805. preted New Mexico law, an American wants an extra minute here or there, or There are lawsuits filed for the pur- has a right to go to a jury and argue to have a vote later, there will be ob- pose of changing public policy in our that this injury was reasonably fore- jection and that will not happen. country or simply, if you will, draining seeable by the manufacturer and, The PRESIDING OFFICER. Is there down the resources of a company that therefore, the manufacturer should be objection? someone believes should not be in busi- liable for the damage that was done by Without objection, it is so ordered. ness, even though historically we have this defectively designed gun. Mr. CRAIG. Madam President, I said that is a law-abiding, responsible I believe we ought to maintain that thank Senator REID for reinforcing the business to be in in our country. In this ability. This bill, S. 1805, undercuts UC and the time constraints we are case, it is a business that was spoken that ability and basically bars those under tomorrow as we vote on several to by our Founding Fathers in the sec- lawsuits. That would be a big mistake. key amendments. ond amendment. I urge my colleagues to support the How much time remains on my side? We think those who play by the Fed- amendment I have offered. I believe it The PRESIDING OFFICER. There eral rules, whether they be a manufac- would dramatically improve this legis- are 4 minutes 16 seconds remaining. turer or a dealer, ought to be exempt lation and actually bring it into line Mr. CRAIG. I thank the Chair. from these kinds of lawsuits, unless with traditional tort law. Let me say I don’t question the sin- under product liability and other law I yield the floor. cerity or the desire with which the they clearly are in violation. But the The PRESIDING OFFICER (Mr. Senator from New Mexico comes to the third party is the one who takes the CHAFEE). The question is on agreeing to floor to offer his amendment. I must action, causes the crime that is the amendment No. 2635. tell you I think he is rewriting current criminal act. Why do we want to reach Mr. BINGAMAN. Mr. President, I ask law to fit a situation in his State, or back through the courts and go after for the yeas and nays.

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1928 CONGRESSIONAL RECORD — SENATE March 1, 2004 The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The Sen- arms is already banned under current sufficient second? ator from Virginia. federal law. There appears to be a sufficient sec- Mr. ALLEN. Mr. President, S. 1805, I recently watched a CNN interview ond. which we are in the midst of debating, that showed an individual firing a gun The clerk will call the roll. is good legislation and I am a cospon- that was banned under the 1994 law and The assistant journal clerk called the sor of this bill. It will help curb frivo- a gun that is readily available today. roll. lous litigation against a lawful Amer- Both guns produced the same results Mr. MCCONNELL. I announce that ican industry and the thousands of with the same impact. The only dif- the Senator from South Carolina (Mr. workers it employs. Imagine if General ference is that one had a different type GRAHAM), the Senator from Arizona Motors were to be held liable for every of grip, stock or bayonet lock than the (Mr. MCCAIN), the Senator from Alaska accident caused by a reckless or drunk other. Therefore, the banning of these (Ms. MURKOWSKI), and the Senator from driver. Likewise, businesses legally en- accessories is purely cosmetic. The Ohio (Mr. VOINOVICH) are necessarily gaged in manufacturing, importing or focus should be on criminals not guns, absent. selling firearms should not be liable for and it should be on programs that Mr. REID. I announce that the Sen- the harm caused by people who use work, like Project Exile and the Aboli- ator from Hawaii (Mr. AKAKA), the Sen- that firearm in an unsafe or criminal tion of Parole. ator from Delaware (Mr. BIDEN), the manner. This legislation does carefully I am also concerned that by reau- Senator from California (Mrs. BOXER), preserve the right of individuals to thorizing this gun ban legislation, it the Senator from New Jersey (Mr. have their day in court with civil li- will serve as a platform inviting added CORZINE), the Senator from North ability actions for injury or danger restrictions on Second Amendment Carolina (Mr. EDWARDS), the Senator caused by negligence or defective prod- rights. The current law, then, only from Florida (Mr. GRAHAM), the Sen- uct, a standard in product liability law. makes sense if the ultimate goal it is ator from Massachusetts (Mr. KEN- Adding amendments such as an ex- to ban more and more guns in the fu- NEDY), the Senator from Massachusetts tension of the assault weapons ban ture, something I cannot support. This (Mr. KERRY), and the Senator from New threatens the chances of this impor- can be seen in several proposals and Jersey (Mr. LAUTENBERG) are nec- tant legislation ever becoming law. amendments now before Congress to essarily absent. This bill is too important to be saddled expand the current assault weapons I further announce that if present with ‘‘poison pill’’ amendments. ban proposals that permanently ban a and voting, the Senator from Delaware Four years ago, in the midst of the large number of guns that citizens law- (Mr. BIDEN) and the Senator from Mas- 2000 election, I said that my goal in fully use for competition, hunting or sachusetts (Mr. KERRY) would each fighting criminals was to enforce, not self-defense. I have a long and con- vote ‘‘yea’’. repeal, existing laws. And, indeed, in sistent record of supporting the rights The PRESIDING OFFICER (Mr. FITZ- Virginia we have seen that incarcer- of Virginians and Americans to protect GERALD). Are there any other Senators ating violent felons is the best crime their families and themselves, and I am in the Chamber desiring to vote? reduction policy. I would support reau- committed to protecting those rights The result was announced—yeas 28, thorization of the assault weapons ban of law-abiding American citizens. nays 59, as follows: in its current form if this legislation f [Rollcall Vote No. 23 Leg.] had proven effective in reducing vio- YEAS—28 lent crime. I have reviewed the MORNING BUSINESS Bingaman Feinstein Murray thoughtful claims and extensive asser- Mr. MCCONNELL. Mr. President, I Byrd Fitzgerald Nelson (FL) tions of proponents and opponents of ask unanimous consent that the Sen- Cantwell Harkin Reed this law. I have concluded, after a re- ate now proceed to a period for morn- Carper Hollings Sarbanes Chafee Inouye Schumer view of the evidence, that this sym- ing business, with Senators permitted Clinton Kohl Stabenow bolic ban of 19 firearms chosen for cos- to speak for up to 10 minutes each. DeWine Leahy Warner metic reasons is a meaningless, tooth- The PRESIDING OFFICER. Without Dodd Levin Wyden Durbin Lieberman less law that has virtually no impact objection, it is so ordered. Feingold Mikulski on crime. I have decided, therefore, to f vote against extension of the assault NAYS—59 COMBATING SEXUAL ASSAULT OF weapons ban. Alexander Daschle Lugar U.S. SERVICEWOMEN IS CRITICAL Allard Dayton McConnell Police reports and Federal felon sur- Allen Dole Miller veys have consistently shown that so- Mr. DASCHLE. Mr. President, last Baucus Domenici Nelson (NE) called assault weapons are used in only week members of the Senate Armed Bayh Dorgan Nickles Services Committee heard deeply dis- Bennett Ensign 1 to 2 percent of violent crimes. Crime Pryor victim surveys indicate the figure is turbing testimony about unspeakable Bond Enzi Reid Breaux Frist Roberts only one-quarter of 1 percent, 0.25. acts of violence committed against at Brownback Grassley Rockefeller Murders with knives, clubs and hands least 112 of our military personnel de- Bunning Gregg Santorum Burns Hagel outnumber those with assault weapons ployed in Afghanistan and the Iraq the- Sessions Campbell Hatch by over 20-to-1. ater. Unfortunately, the acts of vio- Chambliss Hutchison Shelby Put another way, notwithstanding lence discussed in the committee were Smith Cochran Inhofe this 10-year ban of 19 firearms, crimi- not committed by the Taliban or ter- Coleman Jeffords Snowe Collins Johnson Specter nals continue to commit criminal acts, rorists, but by fellow American troops Conrad Kyl Stevens they just do so with other weapons; who have sexually assaulted their fe- Cornyn Landrieu Sununu with other guns, knives or objects. male counterparts. This egregious situ- Craig Lincoln Talent Crapo Lott Thomas The simple fact is that the assault ation is unacceptable. weapons ban only attacks the cosmetic Back home in South Dakota, I have NOT VOTING—13 features of a gun, banning some guns met so many female soldiers who have Akaka Graham (FL) McCain even though they function exactly the proudly volunteered to serve this Na- Biden Graham (SC) Murkowski tion. Like their male colleagues, they Boxer Kennedy Voinovich same as hundreds of other semi-auto- Corzine Kerry matic firearms. demonstrate tremendous patriotism Edwards Lautenberg It is also worth noting that we are and love for America. They also share The amendment (No. 2635) was re- not talking about the fully automatic the strong sense of duty and pride in jected. firearms or machine guns that many being a member of our great military. Mr. CRAIG. I move to reconsider the Americans view as assault weapons— They deserve the country’s and their vote. the Uzi and the AK–47—they were al- fellow soldiers’ wholehearted respect. Mr. MCCONNELL. I move to lay that ready banned by previous laws. Nor are Sadly, the Armed Services Com- motion on the table. we talking about any firearms that are mittee testimony suggests that too The motion to lay on the table was readily or easily converted to fully many of our women soldiers must be agreed to. automatic firearms. Sale of such fire- concerned not just about combating

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 1, 2004 CONGRESSIONAL RECORD — SENATE S1929 enemy soldiers, but also about a soldier son, SGT Randy S. Rosenberg of Ber- Family, friends, and fellow soldiers who is fighting beside her. lin, NH. will no longer be able to enjoy the com- Over 30,000 brave women answered Tragically, on January 24, 2004, this pany of SGT Randy S. Rosenberg. our Nation’s call to duty to support Op- courageous young soldier, only 23 years Strangers will never have the oppor- eration Iraqi Freedom. Fourteen of of age, gave his last full measure for tunity to know his friendship. Yet them have given their lives to ensure our Nation when a vehicle-based explo- memories of this young patriot will that democracy flourishes in a country sive device detonated near his military last forever with those who were fortu- that has only recently been liberated vehicle in Khalidiyah, Iraq, located in nate enough to have had the oppor- from brutality and repression. the Sunni Triangle, about 70 miles west tunity to know him. May God bless These soldiers are performing their of Baghdad. Randy and two of his com- Randy Rosenberg. duties with courage and honor. At a rades lost their lives in the explosion f time when the insurgency and unrest and six other American soldiers were continue in Iraq, these women continue wounded in the attack near the Eu- LOCAL LAW ENFORCEMENT ACT to defend Iraqi citizens from senseless phrates River. At the time of the hos- OF 2003 violence. They should not have to be tile action SGT Rosenberg was serving Mr. SMITH. Mr. President, I rise concerned about having to defend as an infantryman in Company B, 1st today to speak about the need for hate themselves against the most senseless Squadron, 9th Cavalry, a component of crimes legislation. On May 1, 2003, Sen- violence of all—sexual assault per- Task Force ‘‘All American’’ which was ator KENNEDY and I introduced the petrated by their fellow soldiers. supporting Operation Iraqi Freedom. Local Law Enforcement Enhancement Women make invaluable contribu- Randy joined the United States Act, a bill that would add new cat- tions to our armed forces. In fact, it is Army in September 1998, after grad- egories to current hate crimes law, safe to say that our military could not uating from Berlin High School, where sending a signal that violence of any perform all that we currently require he played hockey and baseball. He kind is unacceptable in our society. of it without the service and sacrifices completed Basic Training and Ad- A horrendous crime occurred 4 years of female soldiers. When we brutalize vanced Individual Training at Fort ago today in Richmond, VA. There, a the very people who are willing to sac- Benning, GA, and was assigned to Fort homeless man was killed and his sev- rifice their life for the defense of lib- Hood, TX, since March 1999. His awards ered head left atop a footbridge in erty and freedom, we harm the institu- include the Army Commendation James River Park near a popular meet- tion that protects us all and undermine Medal, Good Conduct Medal, National ing place for gay men. the principles upon which this great Defense Medal, Noncommissioned Offi- I believe that Government’s first Nation was founded. cer Professional Development Ribbon, duty is to defend its citizens, to defend What makes last week’s reports on them against the harms that come out sexual assault more distressing is that Army Service Ribbon, Combat Infantry Badge, Purple Heart, posthumous, and of hate. The Local Law Enforcement this is not the first time female service Enhancement Act is a symbol that can members have come forward with alle- Bronze Star, posthumous. This was his become substance. By passing this leg- gations that they were raped and as- second tour of duty in the Middle East, islation and changing current law, we saulted by their male compatriots. We having served previously in Kuwait. can change hearts and minds as well. have heard these accusations before His wife, Misty, is from Goffstown, the Navy’s Annual Tailhook Sympo- NH. His mother and stepfather are f sium, the Army’s Aberdeen Proving Rick and Sandy Fournier. Sandy works IN RECOGNITION OF THE PEACE Grounds, and the Air Force Academy in the Berlin City Hall. His sister, CORPS Tanya, 15, is a student at Berlin High in Colorado. Mr. LEVIN. Mr. President, in October I commend the women who have School. SGT Rosenberg also leaves his 1960, then-U.S. Senator John Fitzgerald come forward to report these reprehen- maternal grandfather, Saul Rosenberg, Kennedy, visited the University of sible acts. Far too often women suffer and his maternal grandmother, Shirley Michigan in the heat of his successful in silence, too afraid of possible repris- Gemitti, and her husband, William Presidential campaign. The Presi- als that may come from reporting a Gemitti, a veteran of the Korean war. dential aspirant and self-proclaimed sexual assault. This is true in civilian Patriots from the State of New graduate ‘‘of the Michigan of the East’’ life and must be doubly so in military Hampshire have served our Nation with stood on the steps of the Student Union life. To help these victims, the mili- honor and distinction from Bunker Hill and called for the creation of a pro- tary must take immediate and con- to Iraq—and Randy served in that fine crete steps to address their needs. We tradition. Daniel Webster said: gram that would enable college grad- must ensure that victims have access God grants liberty only to those who love uates to serve their Nation as part of a to medical care and confidential coun- it, and are always ready to guard and defend ‘‘greater purpose’’ rooted in service. seling. If we fail to create an environ- it. Forty-three years later, this pro- ment where women feel safe to report Randy was one of those proud and gram, the Peace Corps, has been a re- their assaults, we risk teaching them dedicated volunteers who chose to sounding success. Seeking to promote that, in order to advance their military serve our Nation, and guard our pre- world peace and friendship by sending careers, they must remain silent. cious liberty, and for that we will al- American volunteers to participate in I am pleased that the Department of ways owe our sincere gratitude. community service in villages and Defense has launched an investigation The sudden death of a young person towns across the world, this program into these allegations, and that my col- is especially difficult for family and addresses the critical shortage in tech- leagues on the Senate Armed Services friends. In November 1864, President nical capacity that many parts of the Committee recently heard testimony Abraham Lincoln was informed by the world face. Further, it fosters in- addressing this issue. Still we must do War Department of a mother who had creased cultural understanding. Peace more. It is imperative that we all con- lost five sons in the Civil War. He Corps volunteers, witting or not, rep- tinue to work together to send to send wrote the mother: resent their Nation while abroad and a clear signal to the entire military I feel how weak and fruitless must be any upon returning home help promote in- that any sexual misconduct will not be word of mine which should attempt to be- creased global awareness here as well. tolerated, and offenders will be vigor- guile you from the grief of a loss so over- President Kennedy, in his inaugural ously prosecuted and punished. It is whelming. But I cannot refrain from ten- address, called for a ‘‘grand and global time to ensure this issue is given the dering you the consolation that may be alliance’’ to fight tyranny, poverty and urgency and attention it deserves. found in the thanks of the Republic they disease. With over 7,500 current volun- died to save. f teers in 71 nations, the Peace Corps has I pray that our Heavenly Father may as- been a key part of this alliance. Since HONORING OUR ARMED FORCES suage the anguish of your bereavement, and leave you only the cherished memory of the its inception, over 170,000 volunteers SGT RANDY S. ROSENBERG loved and lost, and the solemn pride that have worked in 137 nations in a variety Mr. GREGG. Mr. President, I rise must be yours to have laid so costly a sac- of programs. An increasing number of today to pay tribute to a special per- rifice upon the altar of freedom. Peace Corps volunteers are over 60

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1930 CONGRESSIONAL RECORD — SENATE March 1, 2004 years of age. In fact, this year there is clude 13 different ministries to combat tion should be followed by all in the one 84-year-old volunteer. That said, problems such as homelessness, sub- Commonwealth of Kentucky. our Nation’s college campuses are still stance abuse, hunger and teen preg- I congratulate Ms. Lowell for her the largest source of Peace Corps vol- nancy. success. But also, I congratulate all her unteers. Our universities are ‘‘immense The Detroit Rescue Mission Min- peers, coaches, teachers, administra- reservoirs’’ of talent and idealism, and istries provides food, shelter and spir- tors, and her parents for their support each year thousands of college students itual guidance to more than 725 people and sacrifices they’ve made to help Ms. seek to join the Peace Corps in hopes of a day and donates over 75,000 articles of Lowell reach this goal and fulfill her pursuing a difficult yet rewarding task. clothing to the poor annually. The or- dreams.∑ Last week, the Peace Corps released ganization also provides over 500,000 f a list ranking the schools that provided meals and 146,000 nights of emergency REVEREND MICHAEL JONES the largest number of graduates ac- shelter annually. cepted to the Peace Corps this year. The Detroit Rescue Mission Min- ∑ Mr. TALENT. Mr. President, I honor Two schools from my home State, the istries has consistently met the chang- Reverend Michael Jones, who is the University of Michigan-Ann Arbor and ing and growing needs of the Detroit senior pastor of Friendly Temple Mis- Michigan State University, were community by partnering with church- sionary Baptist Church in St. Louis. I ranked fourth and eighth respectively es, schools, and social and govern- was moved to do this after recently at- in terms of the numbers of volunteers mental agencies. The Christian Guid- tending a wonderful service at the they provided. Since the inception of ance Center, one ministry of the De- church in celebration of the 10th anni- the program, these schools are ranked troit Rescue Mission, operates in co- versary of Reverend Jones becoming fourth and fifth overall in terms of the operation with the Michigan Depart- pastor. number of total volunteers that they ment of Corrections and provides indi- Reverend Jones accepted a call into have provided to the program. Both vidual counseling, group therapy, sub- ministry at Friendly Temple in 1979, schools have worked to instill an ethos stance abuse support, rehabilitation and he worked for several years under of volunteerism and service in their groups, and social activities for Detroit the tutelage of his grandfather, Rev- graduates, and for that they are to be area prisoners. erend R.F. Davis. After his grand- commended. A pioneer in the field of serving the father’s passing, he was commissioned All Peace Corps volunteers, regardless fortunate, the Detroit Rescue Mis- to serve as senior pastor in 1994. During less of their alma mater, deserve our sion Ministries established the ‘‘Gen- Reverend Jones’ 9 years as senior pas- respect and gratitude. By giving of esis Houses,’’ one of Michigan’s first tor, the church has been very active in themselves, they take concrete actions longer term residential facilities. In meeting the needs of the community to improve the lives of countless indi- addition to sheltering the homeless, around it, helping to feed the hungry, viduals around the world. these homes provide food, clothing, ad- house the homeless and educate the un- f vocacy and referral services. skilled to prepare them for jobs. Understanding the importance edu- Friendly Temple also has a jail min- ADDITIONAL STATEMENTS cation plays in reducing poverty, the istry, an alcohol and drug ministry and Detroit Rescue Mission established the a youth ministry, among others, which Teen Moms Program, which provides seek to provide a hand up to many of TRIBUTE TO ROBERT HARRIS housing to teen mothers who are en- society’s most troubled members. In all ∑ Mr. BUNNING. Mr. President, I today rolled in high school, GED training or its efforts, the church reaches out to in the Senate pay tribute to Robert junior high. To further educational op- people with a message of rebirth, re- Harris, of Daviess County, KY. Re- portunities, the Oasis Library fur- newal, restoration, revival and res- cently, Mr. Harris received the AP nishes residents with access to knowl- urrection based on the teachings of the State Scholar Awards based on his out- edge and facilitates computer literacy Gospels. That is because Pastor Jones standing performance on the advanced skills. and the leaders of the church are com- placement program examinations. I know my Senate colleagues join me mitted to the glory service of their AP State Scholar awards are pre- in offering our congratulations and sin- Lord and Savior. sented to one female and one male stu- cerest appreciation to the Detroit Res- Reverend Jones and his wife Phyllis dent in each State and the District of cue Mission Ministries on its 95th anni- are proud parents of three children, Columbia. As a senior at Daviess Coun- versary. We recognize and thank the Kawonza, Mike and Joshua. In addi- ty’s Apollo High School, Mr. Harris dedicated staff and volunteers who tion, Reverend Jones has a bachelor’s was one of only 105 from across the Na- have made the organization a success degree in business management and tion who have qualified to receive this and offer our support as they continue marketing management and a master’s honor. to work to fulfill their mission of re- degree from Covenant Theological The citizens of Daviess County are building the inner city one life at a Seminary in General Theological Stud- fortunate to have Mr. Harris living and time.∑ ies. learning in their community. His ex- f I commend Reverend Jones and the ample of hard work and determination congregation of Friendly Temple Mis- TRIBUTE TO JESSICA LOWELL should be followed by all in the Com- sionary Baptist Church for their out- monwealth of Kentucky. ∑ Mr. BUNNING. Mr. President, I rise standing service to the community. His I congratulate Mr. Harris for his suc- today in the Senate to pay tribute to message of hope and strong moral val- cess. But also, I congratulate all his Jessica Lowell, of Louisville, KY. Re- ues is an inspiration and a blessing to peers, coaches, teachers, administra- cently, Ms. Lowell received the AP all of us. I am honored to share his suc- tors, and his parents for their support State Scholar Awards based on her out- cesses with my colleagues, and I wish and sacrifices they’ve made to help Mr. standing performance on the advanced him and his congregation all the best Harris reach this goal and fulfill his placement program examinations. for the future.∑ ∑ AP State Scholar awards are pre- dreams. f f sented to one female and one male student in each State and the District of MESSAGES FROM THE PRESIDENT IN RECOGNITION OF THE DETROIT Columbia. As a senior at Louisville’s Messages from the President of the RESCUE MISSION MINISTRIES DuPont Manual High School, Ms. Low- United States were communicated to ∑ Mr LEVIN. Mr. President, I would ell was one of only 105 from across the the Senate by Ms. Evans, one of his like to take a moment to celebrate the Nation who have qualified to receive secretaries. 95th anniversary of the Detroit Rescue this honor. f Mission Ministries. This very success- The citizens of Louisville, Kentucky ful faith-based organization began as a are fortunate to have Ms. Lowell living EXECUTIVE MESSAGES REFERRED food assistance program and over the and learning in their community. Her As in executive session the Presiding years has broadened its scope to in- example of hard work and determina- Officer laid before the Senate messages

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 1, 2004 CONGRESSIONAL RECORD — SENATE S1931 from the President of the United MESSAGE FROM THE HOUSE on February 26, 2004; to the Committee on States submitting sundry nominations DURING ADJOURNMENT Commerce, Science, and Transportation. which were referred to the appropriate EC–6502. A communication from the Chief, Regulations and Administrative Law, Coast committees. Guard, transmitting, pursuant to law, the re- ENROLLED BILL SIGNED (The nominations received today are port of a rule entitled ‘‘Safety/Security Zone printed at the end of the Senate pro- Under the authority of the order of Regulations: [CGD05–04–022], [CGD05–04–21], ceedings). January 7, 2003, the Secretary of the [CGD05–04–015], [CGD05–04–003], [CGD05–03– Senate, on February 27, 2004, during the 207], [CGD05–03–207], [COTP San Juan 03–176], adjournment of the Senate, received a [COTP Philadelphia 03–005], [COTP Philadel- f phia 03–003], [COTP New Orleans 03–029], message from the House of Representa- [CGD05–03–205]’’ (RIN1625–AA00) received on tives announcing that the Speaker has 2004 NATIONAL DRUG CONTROL February 26, 2004; to the Committee on Com- signed the following enrolled bill: STRATEGY—PM 67 merce, Science, and Transportation. H.R. 3850. An act to provide an extension of EC–6503. A communication from the Chief, The Presiding Officer laid before the highway, highway safety, motor carrier safe- Regulations and Administrative Law, Coast Senate the following message from the ty, transit, and other programs funded out of Guard, transmitting, pursuant to law, the report of a rule entitled ‘‘Vessel Documenta- President of the United States, to- the Highway Trust Fund pending enactment of a law reauthorizing the Transportation tion: Lease Financing for Vessels Engages in gether with an accompanying report; Equity Act for the 21st Century. the Coastwise Trade’’ (RIN1625–AA28) re- which was referred to the Committee ceived on February 26, 2004; to the Com- Under the authority of the order of on the Judiciary: mittee on Commerce, Science, and Transpor- January 7, 2003, the enrolled bill was To the Congress of the United States: tation. signed by the President pro tempore EC–6504. A communication from the Chief, I am transmitting the 2004 National (Mr. STEVENS) on February 27, 2004. Regulations and Administrative Law, Coast Drug Control Strategy, consistent with Guard, transmitting, pursuant to law, the re- f the Office of National Drug Control port of a rule entitled ‘‘Drawbridge Regula- Policy Reauthorization Act of 1998 (21 EXECUTIVE AND OTHER tions: [CGD08–04–005], [CGD08–04–001], U.S.C. 1705). COMMUNICATIONS [CGD08–04–002]’’ (RIN1625–AA09) received on February 26, 2004; to the Committee on Com- Two years ago, my Administration The following communications were merce, Science, and Transportation. issued its National Drug Control Strat- laid before the Senate, together with EC–6505. A communication from the Chief, egy setting forth a balanced approach accompanying papers, reports, and doc- Regulations and Administrative Law, Coast to reducing drug use among teenagers uments, and were referred as indicated: Guard, transmitting, pursuant to law, the report of a rule entitled ‘‘Safety/Security Zone and adults. The Strategy set ambitious EC–6494. A communication from the Sec- Regulations: [CGD13–03–025], [CGD05–03–111], retary of Homeland Security, transmitting, two- and five-year performance-based [CGD05–03–113]’’ (RIN1625–AA00) received on pursuant to law, a report relative to the Edi- goals: (i) to lower the rate of drug use February 26, 2004; to the Committee on Com- ble Oil Regulatory Reform Act; to the Com- by 10 percent over two years; and (ii) to merce, Science, and Transportation. lower the rate by 25 percent over five mittee on Commerce, Science, and Transpor- EC–6506. A communication from the Chief, years. The success of the Strategy can tation. Regulations and Administrative Law, Coast EC–6495. A communication from the Sec- be measured by its results. Guard, transmitting, pursuant to law, the re- retary of Homeland Security, transmitting, port of a rule entitled ‘‘Safety/Security Zone I am pleased to report that we have pursuant to law, a report relative to the Edi- Regulations: Safety Zone for Outer Conti- exceeded our two-year goal of reducing ble Oil Regulatory Reform Act; to the Com- nental Shelf Facility in the Gulf of Mexico drug use among young people. The mittee on Commerce, Science, and Transpor- for Green Canyon 645 (CGD08–03–028)’’ tation. most recent survey shows an 11 percent (RIN1625–AA76) received on February 26, 2004; EC–6496. A communication from the Sec- to the Committee on Commerce, Science, drop between 2001 and 2003 in the use of retary of Homeland Security, transmitting, illicit drugs by teenagers. Among and Transportation. pursuant to law, a report relative to the Edi- EC–6507. A communication from the Chief, teens, some drugs—such as LSD—have ble Oil Regulatory Reform Act; to the Com- Regulations and Administrative Law, Coast dropped to record low levels of use. For mittee on Commerce, Science, and Transpor- Guard, transmitting, pursuant to law, the re- others, we are seeing the lowest levels tation. port of a rule entitled ‘‘Special Anchorage of use in almost a decade. EC–6497. A communication from the Sec- Areas/Anchorage Grounds Regulations/Secu- retary of Homeland Security, transmitting, Despite this good news, drug addic- rity Zones: [CGD07–03–110], [St. Lucie River, pursuant to law, a report relative to the Edi- Stuart, FL]’’ (RIN1625–AA01) received on tion continues to challenge far too ble Oil Regulatory Reform Act; to the Com- February 26, 2004; to the Committee on Com- many Americans. Addiction to drugs mittee on Commerce, Science, and Transpor- merce, Science, and Transportation. destroys ties of trust, family, and tation. EC–6508. A communication from the Chief, friendship, and reduces all the richness EC–6498. A communication from the Chief, Regulations and Administrative Law, Coast of life to a single destructive desire. Regulations and Administrative Law, Coast Guard, transmitting, pursuant to law, the re- Guard, transmitting, pursuant to law, the report of a rule entitled ‘‘Regulated Naviga- Almost every American has known port of a rule entitled ‘‘Drawbridge Regula- someone who has followed the self-de- tion Area: (CGD11–03–001); San Francisco tions: [CGD07–03–088], [CGD07–03–072]’’ Bay, CA’’ (RIN1625–AA11) received on Feb- structive path of addiction. Too many (RIN1625–AA09) received on February 26, 2004; ruary 26, 2004; to the Committee on Com- Americans want to change a family to the Committee on Commerce, Science, merce, Science, and Transportation. member’s behavior, but are afraid of and Transportation. EC–6509. A communication from the Chief, causing division and, perhaps, es- EC–6499. A communication from the Chief, Regulations and Administrative Law, Coast trangement. Regulations and Administrative Law, Coast Guard, transmitting, pursuant to law, the re- Guard, transmitting, pursuant to law, the report of a rule entitled ‘‘Drawbridge Regula- Our Strategy proposes a remarkable port of a rule entitled ‘‘Drawbridge Regula- tions: [CGD07–03–118], [CGD13–03–027], and unprecedented array of drug con- tions: [CGD08–04–008], [CGD01–04–007], [CGD01–03–096]’’ (RIN1625–AA09) received on trol programs, treatment initiatives, [CGD01–04–014]’’ (RIN1625–AA09) received on February 26, 2004; to the Committee on Com- and media campaign efforts. But more February 26, 2004; to the Committee on Com- merce, Science, and Transportation. than any program, it seeks to engage merce, Science, and Transportation. EC–6510. A communication from the Chief, the desire of all Americans to make EC–6500. A communication from the Chief, Regulations and Administrative Law, Coast Regulations and Administrative Law, Coast this a better Nation, facing down the Guard, transmitting, pursuant to law, the re- Guard, transmitting, pursuant to law, the report of a rule entitled ‘‘Safety/Security Zone lie of addiction, and offering the hope port of a rule entitled ‘‘Safety/Security Zone Regulations: San Fracisco Bay, California of recovery. Regulations: [CGD05–04–011], [CGD05–04–019], [COTP San Francisco Bay 03–002]’’ (RIN1625– My Administration will continue to [CGD01–03–097]’’ (RIN1625–AA00) received on AA00) received on February 26, 2004; to the place a high priority on reducing drug February 26, 2004; to the Committee on Com- Committee on Commerce, Science, and merce, Science, and Transportation. Transportation. addiction in America. I ask for your EC–6501. A communication from the Chief, EC–6511. A communication from the Chief, continued support in this critical en- Regulations and Administrative Law, Coast Regulations and Administrative Law, Coast deavor. Guard, transmitting, pursuant to law, the re- Guard, transmitting, pursuant to law, the re- GEORGE W. BUSH. port of a rule entitled ‘‘Chemical Testing port of a rule entitled ‘‘Drawbridge Regula- THE WHITE HOUSE, March 1, 2004. [USCG–2003–16414]’’ (RIN1625–AA80) received tions: [CGD05–04–027], [CGD07–04–024],

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1932 CONGRESSIONAL RECORD — SENATE March 1, 2004 [CGD13–04–003], [CGD01–04–009], [CGD01–04– Plant Health Inspection Service, Department vation Determinations 69 FR 522’’ (44 CFR 005], [CGD01–04–012]’’ (RIN1625–AA09) re- of Agriculture, transmitting, pursuant to Part 67) received on February 24, 2004; to the ceived on February 26, 2004; to the Com- law, the report of a rule entitled ‘‘Texas Committee on Banking, Housing, and Urban mittee on Commerce, Science, and Transpor- (Splenetic) Fever in Cattle; Incorporation by Affairs. tation. Reference’’ (Doc. No. 04–008–1) received on EC–6534. A communication from the Acting EC–6512. A communication from the Ad- February 24, 2004; to the Committee on Agri- General Counsel, Federal Emergency Man- ministrator, Foreign Agricultural Service, culture, Nutrition, and Forestry. agement Agency, Department of Homeland Department of Agriculture, transmitting, EC–6522. A communication from the Under Security, transmitting, pursuant to law, the pursuant to law, the report of a rule entitled Secretary of Defense, Comptroller, Depart- report of a rule entitled ‘‘Final Flood Ele- ‘‘7 CFR Part 20, Export Sales Reporting Re- ment of Defense, transmitting, pursuant to vation Determinations 69 FR 524’’ (44 CFR quirements’’ received on February 24, 2004; to law, the report of a violation of the Part 67) received on February 24, 2004; to the the Committee on Agriculture, Nutrition, Antideficiency Act, case number 02–05; to the Committee on Banking, Housing, and Urban and Forestry. Committee on Appropriations. Affairs. EC–6513. A communication from the Con- EC–6523. A communication from the Under EC–6535. A communication from the Acting gressional Review Coordinator, Animal and Secretary of Defense, Comptroller, Depart- General Counsel, Federal Emergency Man- Plant Health Inspection Service, Department ment of Defense, transmitting, pursuant to agement Agency, Department of Homeland of Agriculture, transmitting, pursuant to law, the report of a violation of the Security, transmitting, pursuant to law, the law, the report of a rule entitled ‘‘National Antideficiency Act, case number 99–02; to the report of a rule entitled ‘‘Changes in Flood Poultry Improvement Plan; Technical Committee on Appropriations. Elevation Determinations 69 FR 516’’ (44 CFR Amendment’’ (Doc. No. 03–017–3) received on EC–6524. A communication from the Under Part 65) received on February 24, 2004; to the February 24, 2004; to the Committee on Agri- Secretary of Defense, Comptroller, Depart- Committee on Banking, Housing, and Urban culture, Nutrition, and Forestry. ment of Defense, transmitting, pursuant to Affairs. EC–6514. A communication from the Con- law, the report of a violation of the EC–6536. A communication from the Acting gressional Review Coordinator, Animal and Antideficiency Act, case number 99–09A; to General Counsel, Federal Emergency Man- Plant Health Inspection Service, Department the Committee on Appropriations. agement Agency, Department of Homeland of Agriculture, transmitting, pursuant to EC–6525. A communication from the Under Security, transmitting, pursuant to law, the law, the report of a rule entitled ‘‘Irradiation Secretary of Defense, Comptroller, Depart- report of a rule entitled ‘‘Suspension of Com- of Sweet Potatoes from Hawaii’’ (Doc. No. ment of Defense, transmitting, pursuant to munity Eligibility 69 FR 40’’ (44 CFR Part 64) 03–062–2) received on February 24, 2004; to the law, a report entitled ‘‘Acceptance of con- received on February 24, 2004; to the Com- Committee on Agriculture, Nutrition, and tributions for defense programs, projects, mittee on Banking, Housing, and Urban Af- Forestry. and activities; Defense Cooperation Ac- fairs. EC–6515. A communication from the Ad- count’’; to the Committee on Armed Serv- EC–6537. A communication from the Acting ministrator, Agricultural Marketing Serv- ices. General Counsel, Federal Emergency Man- ice, Department of Agriculture, transmit- EC–6526. A communication from the Under agement Agency, Department of Homeland ting, pursuant to law, the report of a rule en- Secretary of Defense for Acquisition, Tech- Security, transmitting, pursuant to law, the titled ‘‘Tart Cherries Grown in the States of nology, and Logistics, Department of De- report of a rule entitled ‘‘Changes in Flood Michigan; et al.; Final Free and Restricted fense, transmitting, pursuant to law, a re- Elevation Determinations 69 FR 514’’ (44 CFR Percentages for the 2003–2004 Crop Year for port relative to Department of Defense pur- Part 65) received on February 24, 2004; to the Tart Cherries’’ (Doc. No. FV04–930–1) re- chases from foreign entities; to the Com- Committee on Banking, Housing, and Urban ceived on February 24, 2004; to the Com- mittee on Armed Services. Affairs. mittee on Agriculture, Nutrition, and For- EC–6527. A communication from the Prin- EC–6538. A communication from the Assist- estry. EC–6516. A communication from the Ad- cipal Deputy, Office of the Under Secretary ant General Counsel for Regulations, Office ministrator, Agricultural Marketing Serv- of Defense for Personnel and Readiness, of Housing, Department of Housing and ice, Department of Agriculture, transmit- transmitting, the authorization of the wear- Urban Development, transmitting, pursuant ting, pursuant to law, the report of a rule en- ing of the insignia of lieutenant general; to to law, the report of a rule entitled ‘‘FHA titled ‘‘Olives Grown in California; De- the Committee on Armed Services. TOTAL Mortgage Scorecard; Technical Cor- creased Assessment Rate’’ (Doc. No. FV04– EC–6528. A communication from the Prin- rection’’ (RIN2502–AI00) received on Feb- 932–1) received on February 24, 2004; to the cipal Deputy, Office of the Under Secretary ruary 24, 2004; to the Committee on Banking, Committee on Agriculture, Nutrition, and of Defense for Personnel and Readiness, Housing, and Urban Affairs. Forestry. transmitting, the authorization of the wear- EC–6539. A communication from the Direc- EC–6517. A communication from the Con- ing of the insignia of lieutenant general; to tor, Office of Legislative Affairs, Federal De- gressional Review Coordinator, Animal and the Committee on Armed Services. posit Insurance Corporation, transmitting, Plant Health Inspection Service, Department EC–6529. A communication from the Prin- pursuant to law, the report of a rule entitled of Agriculture, transmitting, pursuant to cipal Deputy, Office of the Under Secretary ‘‘Deposit Insurance Regulations; Living law, the report of a rule entitled ‘‘Ports of of Defense for Personnel and Readiness, Trust Accounts’’ received on February 24, Entry for Certain Plants and Plant Prod- transmitting, the authorization of the wear- 2004; to the Committee on Banking, Housing, ucts’’ (Doc. No. 03–067–2) received on Feb- ing of the insignia of major general; to the and Urban Affairs. ruary 24, 2004; to the Committee on Agri- Committee on Armed Services. EC–6540. A communication from the Sec- culture, Nutrition, and Forestry. EC–6530. A communication from the Assist- retary of Energy, transmitting, a draft of EC–6518. A communication from the Dep- ant Secretary for Legislative Affairs, De- proposed legislation to enhance the effec- uty Associate Administrator, Environmental partment of the Treasury, transmitting, pur- tiveness of the counterintelligence programs Protection Agency, transmitting, pursuant suant to law, a report relative to the finan- within the Department of Energy; to the to law, the report of a rule entitled cial balances of the Vietnam Education Committee on Energy and Natural Re- ‘‘Aminoethoxyvinlglycinehidrocholride Foundation; to the Committee on Banking, sources. (aviglycine HCI); Pesticide Tolerance’’ Housing, and Urban Affairs. EC–6541. A communication from the Assist- (FRL#7341–6) received on February 24, 2004; EC–6531. A communication from the Acting ant Secretary for Fish and Wildlife and to the Committee on Agriculture, Nutrition, General Counsel, Federal Emergency Man- Parks, Department of the Interior, transmit- and Forestry. agement Agency, Department of Homeland ting, a draft of proposed legislation relative EC–6519. A communication from the Con- Security, transmitting, pursuant to law, the to redesignating Fort Clatsop as the Lewis gressional Review Coordinator, Animal and report of a rule entitled ‘‘Changes in Flood and Clark National Historical Park; to the Plant Health Inspection Service, Department Elevation Determinations 69 FR 518’’ (44 CFR Committee on Energy and Natural Re- of Agriculture, transmitting, pursuant to Part 65) received on February 24, 2004; to the sources. law, the report of a rule entitled ‘‘Brucellosis Committee on Banking, Housing, and Urban EC–6542. A communication from the Dep- in Cattle; State and Area Classifications; Affairs. uty Associate Administrator, Environmental Wyoming’’ (Doc. No. 04–009–1) received on EC–6532. A communication from the Acting Protection Agency, transmitting, pursuant February 24, 2004; to the Committee on Agri- General Counsel, Federal Emergency Man- to law, the report of a rule entitled ‘‘Ap- culture, Nutrition, and Forestry. agement Agency, Department of Homeland proval and Promulgation of State Plan for EC–6520. A communication from the Con- Security, transmitting, pursuant to law, the Designated Facilities and Pollutants: South gressional Review Coordinator, Animal and report of a rule entitled ‘‘Final Flood Ele- Carolina’’ (FRL#7628–5) received on February Plant Health Inspection Service, Department vation Determinations 69 FR 521’’ (44 CFR 24, 2004; to the Committee on Environment of Agriculture, transmitting, pursuant to Part 67) received on February 24, 2004; to the and Public Works. law, the report of a rule entitled ‘‘Karnal Committee on Banking, Housing, and Urban EC–6543. A communication from the Dep- Bunt; Revision of Domestic Regulations’’ Affairs. uty Associate Administrator, Environmental (Doc. No. 02–056–2) received on February 24, EC–6533. A communication from the Acting Protection Agency, transmitting, pursuant 2004; to the Committee on Agriculture, Nu- General Counsel, Federal Emergency Man- to law, the report of a rule entitled ‘‘Control trition, and Forestry. agement Agency, Department of Homeland of Emissions from New Marine Diesel Com- EC–6521. A communication from the Con- Security, transmitting, pursuant to law, the pression Ignition Engines at or Above 30 Li- gressional Review Coordinator, Animal and report of a rule entitled ‘‘Final Flood Ele- ters Per Cylinder’’ (FRL#7627–4) received on

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 1, 2004 CONGRESSIONAL RECORD — SENATE S1933 February 24, 2004; to the Committee on Envi- Internal Revenue Service, transmitting, pur- EC–6566. A communication from the Acting ronment and Public Works. suant to law, the report of a rule entitled Chief, Publications and Regulations Branch, EC–6544. A communication from the Dep- ‘‘Discrimination in a Section 412(i) Plan’’ Internal Revenue Service, transmitting, pur- uty Associate Administrator, Environmental (Rev. Rul. 2004–21) received on February 26, suant to law, the report of a rule entitled Protection Agency, transmitting, pursuant 2004; to the Committee on Finance. ‘‘Treatment of Environmental Remediation to law, the report of a rule entitled ‘‘Na- EC–6555. A communication from the Acting Expenses Under 263A’’ (Rev. Rul. 2004–18) re- tional Pollutant Discharge Elimination Sys- Chief, Publications and Regulations Branch, ceived on February 26, 2004; to the Com- tem—Final Regulations to Establish Re- Internal Revenue Service, transmitting, pur- mittee on Finance. quirements for Cooling Water Intake Struc- suant to law, the report of a rule entitled EC–6567. A communication from the Regu- tures at Phase II Existing Facilities’’ ‘‘Notice Adopting Rev. Rule 2002–62’’ (Notice lations Coordinator, Centers for Medicare (FRL#7625–9) received on February 24, 2004; 2004–15) received on February 26, 2004; to the and Medicaid Services, Department of to the Committee on Environment and Pub- Committee on Finance. Health and Human Services, transmitting, lic Works. EC–6556. A communication from the Acting pursuant to law, the report of a rule entitled EC–6545. A communication from the Dep- Chief, Publications and Regulations Branch, ‘‘Medicare Program; Revisions to the One- uty Associate Administrator, Environmental Internal Revenue Service, transmitting, pur- time Appeal Process for Hospital Wage Index Protection Agency, transmitting, pursuant suant to law, the report of a rule entitled Classification’’ (RIN0938–AN00) received on to law, the report of a rule entitled ‘‘Protec- ‘‘Request for Comments Concerning Treat- February 26, 2004; to the Committee on Fi- tion of Stratospheric Ozone; Refrigerant Re- ment of Amounts Required to be Capitalized nance. cycling; Substitute Refrigerants’’ Under Section 1.263(a)–5’’ () received on Feb- EC–6568. A communication from the Presi- (FRL#7625–6) received on February 24, 2004; ruary 26, 2004; to the Committee on Finance. dent of the United States, transmitting, pur- EC–6557. A communication from the Acting to the Committee on Environment and Pub- suant to law, a notification of the Presi- lic Works. Chief, Publications and Regulations Branch, dent’s intention to enter into a Free Trade EC–6546. A communication from the Direc- Internal Revenue Service, transmitting, pur- Agreement with Costa Rica, El Salvador, tor, Fish and Wildlife Service, Department of suant to law, the report of a rule entitled the Interior, transmitting, pursuant to law, ‘‘Abusive Foreign Tax Credit Intermediary Honduras, Guatemala, and Nicaragua; to the the report of a rule entitled ‘‘Endangered Transactions’’ (Notice 2004–20) received on Committee on Finance. and Threatened Wildlife and Plants; Final February 26, 2004; to the Committee on Fi- f Rule to Delist the Mariana Mallard and nance. Guam Broadbill From the List of Threatened EC–6558. A communication from the Acting INTRODUCTION OF BILLS AND and Endangered Wildlife’’ (RIN1080–AH50) re- Chief, Publications and Regulations Branch, JOINT RESOLUTIONS ceived on February 19, 2004; to the Com- Internal Revenue Service, transmitting, pur- The following bills and joint resolu- mittee on Environment and Public Works. suant to law, the report of a rule entitled EC–6547. A communication from the Dep- ‘‘Foreign Tax Credit Abuse’’ (Notice 2004–19) tions were introduced, read the first uty Associate Administrator, Environmental received on February 26, 2004; to the Com- and second times by unanimous con- Protection Agency, transmitting, pursuant mittee on Finance. sent, and referred as indicated: to law, the report of a rule entitled ‘‘Ap- EC–6559. A communication from the Acting By Mr. MILLER: proval of Section 112(1) Authority for Haz- Chief, Publications and Regulations Branch, S. 2147. A bill to increase the penalties for ardous Air Pollutants; Equivalency by Per- Internal Revenue Service, transmitting, pur- violations by television and radio broad- mit Provisions; Emission Standards for Haz- suant to law, the report of a rule entitled casters of the prohibitions against trans- ardous Air Pollutants from the Pulp and ‘‘Applicable Federal Rates—March 2004’’ mission of obscene, indecent, and profane Paper Industry; State of South Carolina’’ (Rev. Rule 2004–25) received on February 26, language; to the Committee on Commerce, (FRL#7623–8) received on February 24, 2004; 2004; to the Committee on Finance. Science, and Transportation. to the Committee on Environment and Pub- EC–6560. A communication from the Acting By Mr. COLEMAN: lic Works. Chief, Publications and Regulations Branch, S. 2148. A bill to protect American workers Internal Revenue Service, transmitting, pur- EC–6548. A communication from the Dep- from competition of foreign workforces for suant to law, the report of a rule entitled uty Associate Administrator, Environmental performance of Federal and State contracts; ‘‘Electronic Payee Statements’’ (TD9114) re- Protection Agency, transmitting, the 2003 to the Committee on Governmental Affairs. ceived on February 26, 2004; to the Com- Revisions to the Hazardous Waste Enforce- By Mr. COLEMAN (for himself and Mr. ment Response; to the Committee on Envi- mittee on Finance. EC–6561. A communication from the Acting BAUCUS): ronment and Public Works. S. 2149. A bill to provide customs services EC–6549. A communication from the Ad- Chief, Publications and Regulations Branch, after hours at certain airports; to the Com- ministrator, Environmental Protection Internal Revenue Service, transmitting, pur- mittee on Finance. Agency, transmitting, pursuant to law, the suant to law, the report of a rule entitled By Mr. NELSON of Florida: Agency’s Fiscal Year 2003 Annual Report; to ‘‘Guidance Under Section 355 Regarding the Committee on Environment and Public Spin-offs of a Controlled Corporation’’ (Rev. S. 2150. A bill to promote better health for Works. Rule 2004–23) received on February 26, 2004; to young people through Federal matching EC–6550. A communication from the Acting the Committee on Finance. awards for physical education programs of Chief, Publications and Regulations Branch, EC–6562. A communication from the Acting excellence, and for other purposes; to the Internal Revenue Service, transmitting, pur- Chief, Publications and Regulations Branch, Committee on Health, Education, Labor, and suant to law, the report of a rule entitled Internal Revenue Service, transmitting, pur- Pensions. ‘‘Reduction in Face Amount of Note Used to suant to law, the report of a rule entitled By Mr. JOHNSON: Purchase Employer Stock’’ (Rev. Rule 2004– ‘‘Treatment of Environmental Remediation S. 2151. A bill to encourage the develop- 37) received on February 26, 2004; to the Com- Expenses under Sec. 1341’’ (Rev. Rule 2004–17) ment and integrated use by the public and mittee on Finance. received on February 26, 2004; to the Com- private sectors of remote sensing and other EC–6551. A communication from the Acting mittee on Finance. geospatial information, and for other pur- Chief, Publications and Regulations Branch, EC–6563. A communication from the Acting poses; to the Committee on Commerce, Internal Revenue Service, transmitting, pur- Chief, Publications and Regulations Branch, Science, and Transportation. suant to law, the report of a rule entitled Internal Revenue Service, transmitting, pur- f ‘‘Service by a Student That Qualify for the suant to law, the report of a rule entitled Exception from Federal Insurance Contribu- ‘‘Bureau of Labor Statistics Price Indexes ADDITIONAL COSPONSORS tions Act’’ (Notice 2004–12) received on Feb- for Department Stores—December 2003’’ S. 349 ruary 26, 2004; to the Committee on Finance. (Rev. Rule 2004–19) received on February 26, EC–6552. A communication from the Acting 2004; to the Committee on Finance. At the request of Mrs. FEINSTEIN, the Chief, Publications and Regulations Branch, EC–6564. A communication from the Acting name of the Senator from Idaho (Mr. Internal Revenue Service, transmitting, pur- Chief, Publications and Regulations Branch, CRAPO) was added as a cosponsor of S. suant to law, the report of a rule entitled Internal Revenue Service, transmitting, pur- 349, a bill to amend title II of the So- ‘‘Deductibility of Contributions to a Section suant to law, the report of a rule entitled cial Security Act to repeal the Govern- 412(i) Plan’’ (Rev. Rul. 2004–20) received on ‘‘Electonic Filing of Duplicate Forms 5472’’ ment pension offset and windfall elimi- February 26, 2004; to the Committee on Fi- (RIN1545–BD02) received on February 26, 2004; nance. to the Committee on Finance. nation provisions. EC–6553. A communication from the Acting EC–6565. A communication from the Acting S. 595 Chief, Publications and Regulations Branch, Chief, Publications and Regulations Branch, At the request of Mr. BREAUX, the Internal Revenue Service, transmitting, pur- Internal Revenue Service, transmitting, pur- name of the Senator from Connecticut suant to law, the report of a rule entitled suant to law, the report of a rule entitled (Mr. DODD) was added as a cosponsor of ‘‘Average Area and Nationwide Purchase ‘‘Fair Market Value in a Section 412(i) Plan’’ S. 595, a bill to amend the Internal (Rev. Proc. 2004–16) received on February 26, Prices for Issuers of Qualified Mortgage 2004; to the Committee on Finance. Bonds and Qualified Mortgage Certificates’’ Revenue Code of 1986 to repeal the re- EC–6554. A communication from the Acting (Rev. Proc. 2004–18) received on February 26, quired use of certain principal repay- Chief, Publications and Regulations Branch, 2004; to the Committee on Finance. ments on mortgage subsidy bond

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1934 CONGRESSIONAL RECORD — SENATE March 1, 2004 financings to redeem bonds, to modify (Mr. ALLARD) was added as a cosponsor S. 2018 the purchase price limitation under of S. 1516, a bill to further the purposes At the request of Mr. BUNNING, the mortgage subsidy bond rules based on of the Reclamation Projects Authoriza- name of the Senator from Pennsyl- median family income, and for other tion and Adjustment Act of 1992 by di- vania (Mr. SANTORUM) was added as a purposes. recting the Secretary of the Interior, cosponsor of S. 2018, a bill to amend the At the request of Mr. HATCH, the acting through the commissioner of National Trails System Act to extend names of the Senator from South Caro- Reclamation, to carry out an assess- the Lewis and Clark National Historic lina (Mr. HOLLINGS) and the Senator ment and demonstration program to Trail to include additional sites associ- from Nevada (Mr. ENSIGN) were added assess potential increases in water ated with the preparation or return as cosponsors of S. 595, supra. availability for Bureau of Reclamation phase of the expedition, and for other S. 596 projects and other uses through control purposes. At the request of Mr. ENSIGN, the of salt cedar and Russian olive. S. 2056 name of the Senator from Alabama S. 1527 At the request of Mr. BROWNBACK, the (Mr. SESSIONS) was added as a cospon- At the request of Mr. SANTORUM, the names of the Senator from North Caro- sor of S. 596, a bill to amend the Inter- name of the Senator from Nebraska lina (Mrs. DOLE) and the Senator from nal Revenue Code of 1986 to encourage (Mr. HAGEL) was added as a cosponsor Wyoming (Mr. ENZI) were added as co- the investment of foreign earnings of S. 1527, a bill to establish a Tick- sponsors of S. 2056, a bill to increase within the United States for productive Borne Disorders Advisory Committee, the penalties for violations by tele- business investments and job creation. and for other purposes. vision and radio broadcasters of the S. 921 S. 1568 prohibitions against transmission of At the request of Mr. LAUTENBERG, At the request of Mr. HATCH, the obscene, indecent, and profane lan- the name of the Senator from Wis- name of the Senator from North Da- guage. consin (Mr. FEINGOLD) was added as a kota (Mr. CONRAD) was added as a co- S. 2057 cosponsor of S. 921, a bill to authorize sponsor of S. 1568, a bill to amend the At the request of Mr. DAYTON, the the Secretary of Homeland Security to Internal Revenue Code of 1986 to sim- names of the Senator from North Da- make grants to reimburse State and plify certain provisions applicable to kota (Mr. CONRAD) and the Senator local governments and Indian tribes for real estate investment trusts. from Arkansas (Mr. PRYOR) were added certain costs relating to the mobiliza- S. 1597 as cosponsors of S. 2057, a bill to re- tion of Reserves who are first re- At the request of Mr. ALLEN, the quire the Secretary of Defense to reim- sponder personnel of such governments name of the Senator from Georgia (Mr. burse members of the United States or tribes. MILLER) was added as a cosponsor of S. Armed Forces for certain transpor- S. 950 1597, a bill to provide mortgage pay- tation expenses incurred by the members in connection with leave under the At the request of Mr. DASCHLE, his ment assistance for employees who are name was added as a cosponsor of S. separated from employment. Central Command Rest and Recuper- 950, a bill to allow travel between the S. 1916 ation Leave Program before the pro- United States and Cuba. At the request of Ms. LANDRIEU, the gram was expanded to include domestic travel. S. 985 name of the Senator from Minnesota (Mr. DAYTON) was added as a cosponsor S. 2093 At the request of Mr. DODD, the name At the request of Mrs. HUTCHISON, the of the Senator from Louisiana (Mr. of S. 1916, a bill to amend title 10, United States Code, to increase the name of the Senator from Illinois (Mr. BREAUX) was added as a cosponsor of S. FITZGERALD) was added as a cosponsor 985, a bill to amend the Federal Law minimum Survivor Benefit Plan basic of S. 2093, a bill to maintain full mar- Enforcement Pay Reform Act of 1990 to annuity for surviving spouses age 62 riage tax penalty relief for 2005. adjust the percentage differentials pay- and older, to provide for a one-year S. 2096 able to Federal law enforcement offi- open season under that plan, and for At the request of Mr. LUGAR, the cers in certain high-cost areas, and for other purposes. name of the Senator from Nebraska other purposes. S. 1925 At the request of Mr. CONRAD, his (Mr. HAGEL) was added as a cosponsor S. 1129 name was added as a cosponsor of S. of S. 2096, a bill to promote a free press At the request of Mrs. FEINSTEIN, the 1925, a bill to amend the National and open media through the National name of the Senator from New York Labor Relations Act to establish an ef- Endowment for Democracy and for (Mr. SCHUMER) was added as a cospon- ficient system to enable employees to other purposes. sor of S. 1129, a bill to provide for the form, join, or assist labor organiza- S. 2131 protection of unaccompanied alien tions, to provide for mandatory injunc- At the request of Mr. BURNS, the children, and for other purposes. tions for unfair labor practices during names of the Senator from Oregon (Mr. S. 1143 organizing efforts, and for other pur- WYDEN) and the Senator from Cali- At the request of Mrs. HUTCHISON, the poses. fornia (Mrs . BOXER) were withdrawn as names of the Senator from Maryland At the request of Mr. KENNEDY, the cosponsors of S. 2131, a bill to regulate (Mr. SARBANES) and the Senator from name of the Senator from New Mexico the unauthorized installation of com- Mississippi (Mr. COCHRAN) were added (Mr. BINGAMAN) was added as a cospon- puter software, to require clear disclo- as cosponsors of S. 1143, a bill to amend sor of S. 1925, supra. sure to computer users of certain com- the Public Health Service Act to direct S. 1977 puter software features that may pose the Secretary of Health and Human At the request of Ms. SNOWE, the a threat to user privacy, and for other Services to establish, promote, and name of the Senator from Mississippi purposes. support a comprehensive prevention, (Mr. COCHRAN) was added as a cospon- S. 2145 research, and medical management re- sor of S. 1977, a bill to promote the At the request of Mr. BURNS, the ferral program for hepatitis C virus in- manufacturing industry in the United name of the Senator from New York fection. States by establishing an Assistant (Mrs. CLINTON) was added as a cospon- S. 1397 Secretary for Manufacturing within sor of S. 2145, a bill to regulate the un- At the request of Mr. GREGG, the the Department of Commerce, an Inter- authorized installation of computer name of the Senator from Georgia (Mr. agency Manufacturing Task Force, and software, to require clear disclosure to CHAMBLISS) was added as a cosponsor of a Small Business Manufacturing Task computer users of certain computer S. 1397, a bill to prohibit certain abor- Force, and for other purposes. software features that may pose a tion-related discrimination in govern- S. 2016 threat to user privacy, and for other mental activities. At the request of Mr. NELSON of Flor- purposes. S. 1516 ida, his name was added as a cosponsor S.J. RES. 28 At the request of Mr. DOMENICI, the of S. 2016, a bill to provide for infant At the request of Mr. CAMPBELL, the name of the Senator from Colorado crib safety, and for other purposes. names of the Senator from Mississippi

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 1, 2004 CONGRESSIONAL RECORD — SENATE S1935 (Mr. COCHRAN), the Senator from West Services, a poor diet and sedentary ment incorporates remote sensing data Virginia (Mr. ROCKEFELLER) and the lifestyle are estimated to cause 310,000 to accomplish many critical tasks from Senator from North Carolina (Mrs. to 580,000 deaths a year due to cancer, monitoring global food supply and en- DOLE) were added as cosponsors of S.J. heart disease, stroke, and diabetes. vironmental developments to enhanc- Res. 28, a joint resolution recognizing Obesity is second only to the 418,000 ing our national security initiatives. the 60th anniversary of the Allied land- smoking-related fatalities as the lead- The Landsat program, for example, ing at Normandy during World War II. ing cause of preventable deaths in the has collected and distributed a 32-year S. CON. RES. 81 United States. continuous record of the land surfaces At the request of Mrs. FEINSTEIN, the And unfortunately, this obesity epi- of the world. The program has become names of the Senator from Texas (Mr. demic hits our country at the same so successful that a significant portion CORNYN), the Senator from North Caro- time that state governments are cash- of the program’s budget is recovered lina (Mrs. DOLE) and the Senator from strapped and education programs are through outside data-sales. Michigan (Mr. LEVIN) were added as co- being cut. In my State of Florida, that Despite the overwhelming success of sponsors of S. Con. Res. 81, a concur- means that physical education pro- our remote sensing programs, many rent resolution expressing the deep grams, among other programs, are dis- state, local, and tribal government concern of Congress regarding the fail- carded as non-essential. Specifically, in may not be familiar with the data or ure of the Islamic Republic of Iran to Duval County, where Jacksonville is, how to apply the data to meet local adhere to its obligations under a safe- 29 elementary schools have no formal needs. In addition, there remains sig- guards agreement with the Inter- physical education programs. Five nificant opportunities for private in- national Atomic Energy Agency and years ago, there were just five schools dustry to develop specialized and profit the engagement by Iran in activities with no programs. making adaptations based on remote that appear to be designed to develop To stem this horrible trend, I’m in- sensing data. nuclear weapons. troducing legislation to encourage The Remote Sensing Applications S. RES. 294 State, school districts and schools to Act directs the United States Geologi- provide physical fitness programs in At the request of Mr. KENNEDY, the cal Survey to invest in pilot projects to name of the Senator from Georgia (Mr. their schools. Through the President’s explore the integrated use of sources of Council on National Fitness those MILLER) was added as a cosponsor of S. remote sensing information to address Res. 294, a resolution designating Janu- schools that receive recognition either State, local, regional and tribal needs. ary 2004 as ‘‘ National Mentoring as Physical Fitness State Champions, This legislation emphasizes the need to Month’’. Active Lifestyle Model Schools or develop greater commercial applica- Physical Activity and Fitness Dem- tions for this data and provides the S. RES. 299 onstration Programs, will be eligible USGS important opportunities to de- At the request of Mr. CAMPBELL, the for Federal matching funds. This will velop public-private partnerships. names of the Senator from Maine (Ms. encourage other schools and other The Remote Sensing Applications COLLINS), the Senator from Michigan school districts to strive for these dis- Act of 2004 will build upon the many (Mr. LEVIN) and the Senator from Indi- tinctions because the Federal Govern- successes of our remote sensing mis- ana (Mr. LUGAR) were added as cospon- ment will reward them for their ef- sion. By investing in adequate infra- sors of S. Res. 299, a resolution recog- forts. structure and by making the appro- nizing, and supporting efforts to en- It is imperative that we continue to priate tools available, we can firmly hance the public awareness of, the so- provide our children physical well- preserve our nation’s leadership in re- cial problem of child abuse and neglect. being instruction so that our teachers mote sensing technologies. By enhanc- AMENDMENT NO. 2623 are teaching alert and fit students each ing opportunities to use this tech- At the request of Mr. LEAHY, the day. nology to more fully address the needs name of the Senator from Washington Recently, I had the opportunity to of State, regional, local, and tribal (Ms. CANTWELL) was added as a cospon- visit a wonderful elementary school in governments, as well as the needs of sor of amendment No. 2623 proposed to Duval County named the Alimacani El- private industry, we may maximize the S. 1805, a bill to prohibit civil liability ementary School. The physical edu- global effectiveness of our remote sens- actions from being brought or contin- cation instructor, Jan Tipton, showed ing programs. Accomplishing these ued against manufacturers, distribu- me their facilities and they were mar- goals through public-private partner- tors, dealers, or importers of firearms velous. I even rolled up my sleeves and ships has the added benefits of creating or ammunition for damages resulting did some pull-ups. new jobs and new markets that may ul- from the misuse of their products by The enthusiasm I encountered in timately reduce or replace the need for others. that school for physical education was federal financing or remote sensing f amazing. All of our young people policies. STATEMENTS ON INTRODUCED should be given the opportunity to I encourage the Senate to fully con- BILLS AND JOINT RESOLUTIONS build strong minds and bodies at school sider this important legislation and to through regular physical activity. work expeditiously to enact it into By Mr. NELSON of Florida: For these reasons, I hope that my law. S. 2150. A bill to promote better colleagues will support passage of this f health for young people through Fed- legislation this Congress. eral matching awards for physical edu- AMENDMENTS SUBMITTED AND cation programs of excellence, and for By Mr. JOHNSON: PROPOSED other purposes; to the Committee on S. 2151. A bill to encourage the devel- SA 2634. Mr. CORNYN submitted an Health, Education, Labor, and Pen- opment and integrated use by the pub- amendment intended to beproposed by him sions. lic and private sectors of remote sens- to the bill S. 1805, to prohibit civil Mr. NELSON of Florida. Mr. Presi- ing and other geospatial information, liabilityactions from being brought or con- dent, as we have all heard, childhood and for other purposes; to the Com- tinued against manufacturers,distributors, obesity has reached epidemic propor- mittee on Commerce, Science, and dealers, or importers of firearms or ammuni- tions in our country. 30 percent of chil- Transportation. tion fordamages resulting from the misuse of dren between the ages of 6 and 11 are Mr. JOHNSON. Mr. President, today I their products by others;which was ordered to lie on the table. overweight, and 15 percent are obese. proudly introduce the Remote Sensing SA 2635. Mr. BINGAMAN (for himself and The same is true for kids between the Applications Act of 2004. Remote sens- Mr. T4CorzineT1)proposed an amendment to ages of 12 and 19. And the number of ing technology is utilized to map and the bill S. 1805, supra. overweight children has increased 382 monitor the surface of the globe. The f percent in 6–11 year olds and 258 per- data we recover through remote sens- cent in 12–19 years old since 1974. ing equipment contributes to our abil- TEXT OF AMENDMENTS According to a 2001 report by the U.S. ity to evaluate and measure a wide SA 2634. Mr. CORNYN submitted an Department of Health and Human scope of variables. The Federal Govern- amendment intended to be proposed by

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1936 CONGRESSIONAL RECORD — SENATE March 1, 2004 him to the bill S. 1805, to prohibit civil For further information, please con- The PRESIDING OFFICER. Without liability actions from being brought or tact Tom Lillie at (202) 224–5161 or objection, it is so ordered. continued against manufacturers, dis- Sarah Creachbaum at (202) 224–6293. The resolution (S. Res. 306) was tributors, dealers, or importers of fire- f agreed to. arms or ammunition for damages re- The preamble was agreed to. sulting from the misuse of their prod- AUTHORITY FOR COMMITTEES TO The resolution, with its preamble, ucts by others; which was ordered to MEET reads, as follows: lie on the table; as follows: SUBCOMMITTEE ON FINANCIAL MANAGEMENT, S. RES. 306 At the end of the bill, add the following: THE BUDGET, AND INTERNATIONAL SECURITY Whereas reading is a basic requirement for SEC. ll. PROTECTING THE PRIVACY OF GUN Mr. CRAIG. Mr. President, I ask quality education and professional success, OWNERS. unanimous consent that the Com- and source of pleasure throughout life; (a) IN GENERAL.—Section 922(t) of title 18, mittee on Governmental Affairs’, Sub- Whereas the people of the United States United States Code, is amended by inserting must be able to read if the United States is at the end the following: committee on Financial Management, the Budget, and International Security to remain competitive in the global econ- ‘‘(7)(A) No tax or fee may be implemented omy; in connection with the implementation of be authorized to meet on Monday, Whereas Congress, through the No Child this subsection. March 1, 2004, at 11 a.m., for a hearing Left Behind Act of 2001 (Public Law 107–110) ‘‘(B) A system to implement this sub- entitled, ‘‘Oversight of the Thrift Sav- and the new Reading First, Early Reading section shall require the destruction of any ings Plan: Ensuring the Integrity of First, and Improving Literacy Through identifying information submitted by or on Federal Employee Retirement Sav- School Libraries programs, has placed great behalf of any person who has been deter- ings.’’ emphasis on reading intervention and addi- mined not to be prohibited from possessing tional resources for reading assistance; and or receiving a firearm not more than 24 The PRESIDING OFFICER. Without objection, it is so ordered. Whereas more than 40 national associa- hours after the system advises a Federal fire- tions concerned about reading and education arms licensee that possession or receipt of a f have joined with the National Education As- firearm by the prospective transferee would sociation to use March 2, the anniversary of not violate subsection (g) or (n) of this sec- PRIVILEGES OF THE FLOOR the birth of Theodor Geisel, also known as tion.’’. Mrs. FEINSTEIN. Mr. President, I Dr. Seuss, to celebrate reading: Now, there- (b) EFFECTIVE DATE.—This section shall fore, be it take effect 120 days after the date of enact- ask unanimous consent that Anjali Chaturvedi, a detailee in my office, be Resolved, That the Senate— ment of this Act. (1) designates March 2, 2004, as ‘‘Read allowed floor privileges for the dura- Across America Day’’; SA 2635. Mr. BINGAMAN (for himself tion of the debate on the gun immunity (2) honors Theodor Geisel, also known as and Mr. CORZINE) proposed an amend- legislation today. Dr. Seuss, for his success in encouraging ment to the bill S. 1805, to prohibit The PRESIDENT pro tempore. With- children to discover the joy of reading; civil liability actions from being out objection, it is so ordered. (3) encourages parents to read with their brought or continued against manufac- Mr. DASCHLE. Mr. President, I ask children for at least 30 minutes on Read turers, distributors, dealers, or import- unanimous consent that privilege of Across America Day in honor of Dr. Seuss ers of firearms or ammunition for dam- the floor be granted to Ross Baker, a and in celebration of reading; and ages resulting from the misuse of their (4) requests that the President issue a fellow with the office of Senator proclamation calling on the people of the products by others; as follows: LEAHY, for the remainder of the debate United States to observe the day with appro- On page 9, strike lines 1 and 2, and insert on S. 1805. priate ceremonies and activities. the following: The PRESIDING OFFICER. Without The PRESIDING OFFICER. The product, when used as intended or when used objection, it is so ordered. Chair, on behalf of the Vice President, in a manner that is reasonably foreseeable, Mr. SCHUMER. Mr. President, I ask pursuant to Public Law 93–642, appoints provided that the term ‘‘reasonably foresee- unanimous consent that James G. the Senator from Montana, Mr. BAU- able’’ means the reasonable anticipation Flood, a detailee from the Department that harm or injury is likely to result. CUS, to be a member of the Harry S of Justice, who is an assistant U.S. at- f Truman Scholarship Foundation Board torney for the District of Columbia, be of Trustees, vice the Senator from granted the privilege of the floor for NOTICES OF HEARINGS/MEETINGS Washington, Mrs. MURRAY. the remainder of this session. SUBCOMMITTEE ON NATIONAL PARKS f Mr. THOMAS. Mr. President, I would The PRESIDING OFFICER. Without like to announce for the information of objection, it is so ordered. ORDERS FOR TUESDAY, MARCH 2, 2004 the Senate and the public that the fol- f lowing bills are added to the agenda for Mr. MCCONNELL. Mr. President, I READ ACROSS AMERICA DAY the Subcommittee on National Parks ask unanimous consent that when the hearing for Tuesday, March 9, 2004, at Mr. MCCONNELL. Mr. President, I Senate completes its business today, it 2:30 p.m., in room SD–366 of the Dirk- ask unanimous consent that the Judi- adjourn until 9:30 a.m., Tuesday, March sen Senate Office Building in Wash- ciary Committee be discharged from 2. I further ask unanimous consent ington, DC: further consideration of S. Res. 306 and that following the prayer and pledge, S. 1430, to direct the Secretary of the that the Senate proceed to its imme- the morning hour be deemed expired, Interior to conduct a study of the diate consideration. the Journal of proceedings be approved Baranov Museum in Kodiak, Alaska, The PRESIDING OFFICER. Without to date, the time for the two leaders be for potential inclusion in the National objection it is so ordered. The clerk reserved for their use later in the day, Park System; and S. 1687, to direct the will report the resolution by title. and the Senate then resume consider- Secretary of the Interior to conduct a The assistant legislative clerk read ation of S. 1805, the gun liability bill, study on the preservation and interpre- as follows: as provided under the previous order. I tation of the historic sites of the Man- A resolution (S. Res. 306) designating further ask unanimous consent that hattan Project for potential inclusion March 2, 2004, as ‘‘Read Across America just before the vote on passage, the in the National Park System. Day.’’ Senate proceed to a vote in relation to Because of the limited time available There being no objection, the Senate the Levin amendment No. 2631, with no for the hearings, witnesses, may testify proceeded to consider the resolution. second degree amendments in order, by invitation only. However, those Mr. MCCONNELL. Mr. President, I and that following that vote, the Sen- wishing to submit written testimony ask unanimous consent that the reso- ate proceed with the order as pre- for the hearing record should send two lution be agreed to; that the preamble viously entered. copies of their testimony to the Com- be agreed to; that the motions to re- Mr. WARNER. Mr. President, reserv- mittee on Energy and Natural Re- consider be laid upon the table, en bloc; ing the right to object, and I will not sources, United States Senate, SD–364, and that any statements relating to object because I think everyone has Dirksen Senate Office Building, Wash- the resolution be printed in the been very straightforward in the pres- ington, DC 20510–6150. RECORD. entations on this issue, I hope I would

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 1, 2004 CONGRESSIONAL RECORD — SENATE S1937 be given a few minutes before we close reform. While today, the Senate is de- time and money spent training to practice down tonight to speak on my situation bating tort reform for the gun indus- Ob-Gyn, I find myself on the verge of almost and put some material into the try, I wish to take a few moments to certain unemployment and unemployability because of the malpractice crisis. I have been RECORD. Is there objection to that— raise the issue of tort reform with re- employed by a small Ob-Gyn Group for the less than 5 minutes before we close to- gard to another industry—the health last 7 years. . . . Our malpractice premiums night? care profession. were increased by 60% in May 2003. . . . The Mr. MCCONNELL. Mr. President, My father dedicated his life’s work to prediction from our malpractice carrier is Senator WARNER is requesting some medicine as a surgeon gynecologist. As that our rates will probably double at our time to explain. a youngster, I watched first-hand how next renewal date in May 2004. The reality is Mr. WARNER. I will need less than 5 he caringly watched over his patients. that we will not be able to keep the practice minutes. As a result of my father, I have always open and cover the malpractice insurance The PRESIDING OFFICER. Without had a great deal of respect for the med- along with other expenses of practice. objection, it is so ordered. ical profession. Out of respect for this doctor’s pri- f For one reason or another, though, I vacy, I will not share the doctor’s name, but I do keep her letter in my PROGRAM did not follow in my father’s footsteps. Rather than become a doctor, I became files. Unfortunately, though, this doc- Mr. MCCONNELL. Mr. President, to- a lawyer. tor’s experience is not unique. morrow the Senate will resume consid- Upon graduation from law school, I Both Time Magazine and Newsweek eration of S. 1805, the gun liability bill. served as a law clerk for Judge E. Bar- have thoroughly detailed the crisis Senator MCCAIN will then be recog- rett Prettyman of the United States doctors are facing across America. nized to offer an amendment relating Court of Appeals for the DC Circuit. In June of 2003, Time Magazine had a to the gun show loophole, which will Subsequently, I worked as a Federal cover story on the affects of rising mal- immediately be laid aside for Senator prosecutor and then moved to private practice insurance rates. The story, en- FEINSTEIN to offer her assault weapons practice with a major law firm. titled ‘‘The Doctor is Out’’ discusses ban amendment. Senator FRIST will I have direct experience with two several doctors, all across America, then be recognized to offer his D.C. gun professions—the medical profession who have had to either stop practicing ban amendment. Following the offering and the legal profession. I admire both medicine or have had to take other ac- of these amendments, the time until professions and believe the over- tion due to increased insurance pre- 11:35 a.m. will be equally divided for de- whelming majority of doctors and law- miums. bate on these three amendments. At yers are dedicated people who work One example cited in Time’s article 11:35 a.m., the Senate will proceed to a hard to serve their patients and cli- is the case of Dr. Mary-Emma Beres. stacked series of votes culminating in ents. Time reports: the passage of the bill. Therefore, I in- Soon, the Senate will vote on S. 1805, Dr Mary-Emma Beres, a family practi- form our colleagues that the first vote legislation that provides certain legal tioner in Sparta, N.C., has always loved delivering babies. But last year Beres, 35, con- of tomorrow’s session will occur at protections to the gun industry. Legal 11:35 a.m. cluded that she couldn’t afford the tripling protections which are denied almost of her $17,000 malpractice premium and had f across the board to every other indus- to stop. With just one obstetrician left in ORDER FOR ADJOURNMENT try in the private sector, including the town for high risk cases, some women who medical profession. need C-sections now must take a 40-minute Mr. MCCONNELL. Mr. President, if Proponents have argued that this ambulance ride. there is no further business to come be- legislation is necessary because law- Dr. Beres case makes clear that not fore the Senate, I ask unanimous con- suits are driving gun dealers and gun only doctors are being affected by the sent that the Senate stand in adjourn- manufacturers out of business. Well, medical malpractice insurance crisis, ment under the previous order fol- the same is happening to our doctors. patients are as well. With increased lowing the remarks of Senator WARNER Doctors, nurses, and other health frequency, due to rising malpractice for 5 minutes; Senator SCHUMER for 15 professionals are leaving the practice rates, more and more patients are not minutes; Senator DEWINE for 30 min- of medicine due to the astronomical able to find the medical specialists utes; Senator DAYTON for 15 minutes; costs of malpractice insurance and due they need. and Senator LEVIN for 5 minutes. Newsweek also recently had a cover The PRESIDING OFFICER. Is there to the constant battle against frivolous story on the medical liability crisis. objection? lawsuits and runaway jury verdicts. In The Democratic leader. my view, if we are going to protect the That cover story was entitled, ‘‘Law- The Senator from Minnesota. gun industry from lawsuits, we at least suit Hell.’’ I was particularly struck by Mr. DAYTON. I ask unanimous con- ought to provide some measure of pro- the feature in this magazine about a sent that the time be switched and I go tection for doctors and nurses as well. doctor from Ohio who saw his mal- after Senator LEVIN. We have all heard the real stories practice premiums rise in one year The PRESIDING OFFICER. Is there from doctors about the rapidly increas- from $12,000 to $57,000 a year. As a re- objection? ing cost of medical malpractice insur- sult, this doctor, and I quote from the Mr. DASCHLE. I know the distin- ance. In some States, malpractice in- article, ‘‘decided to lower his bill by guished Senator from Virginia and the surance premiums have increased as cutting out higher-risk procedures like Senator from Michigan have just a cou- much as 75 percent in 1 year. As a re- vasectomies, setting broken bones and ple of minutes they wish to speak—ac- sult, the fact is that those doctors, un- delivering babies even though obstet- tually Senator LEVIN had only asked able to afford ever-increasing pre- rics was his favorite part of the prac- for 3 minutes—so I ask unanimous con- miums, are leaving the profession alto- tice. Now he glances wistfully at the sent that Senator LEVIN and Senator gether and patients are losing access to cluster of baby photos still tacked to a WARNER be recognized prior to Senator quality health care. wall in his office, ‘I miss that terribly,’ SCHUMER, Senator DEWINE, and Sen- I have received numerous letters he says.’’ ator DAYTON. from medical professionals in the Com- While these stories are compelling on The PRESIDING OFFICER. Is there monwealth of Virginia that share with their own, the consequences of this objection? Without objection, it is so me the very real difficulties they are malpractice crisis can even be more ordered. encountering with malpractice insur- profound. The PRESIDING OFFICER. The Sen- ance and the consequences of this prob- On February 11, 2003, Ms. Leanne ator from Virginia. lem. Let me read part of one those let- Dyess of Gulfport, MS, shared with f ters that was sent to me by a doctor in both the HELP Committee and the Ju- Virginia. The doctor writes: diciary Committee her very personal PROTECTION OF LAWFUL story about how this crisis has affected COMMERCE IN ARMS ACT I am writing you to elicit your support and advice for the acute malpractice crisis going her. Mr. WARNER. I rise to speak to an on in Virginia. . . . I am a 48-year-old single Ms. Dyess told us how on July 5, 2002, amendment to address the issue of tort parent of a 14 and 17 year old. After all the her husband, Tony, was involved in a

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1938 CONGRESSIONAL RECORD — SENATE March 1, 2004 single car accident. He was rushed to eral and state court. The bill is aimed Double digit rate increases coupled with the hospital in Gulfport where he had at protecting the manufacturers and withdrawals of liability insurance providers head injuries and received medical at- dealers from lawsuits that result from from the market have forced nearly thirty tention. Tony could not be treated at the criminal or unlawful use of a fire- percent of pathologists to look for new cov- erage. Your amendment includes key ele- the Gulfport hospital because they did arm. The basic idea is that if a manu- ments of effective reform, such as caps on not have the specialist necessary to facturer or dealer follows the statutory non-economic and punitive damages, expert take care of him. After a 6 hour wait, law in the manufacturing and sale of a witness standards, and preventing excessive he was airlifted to the University Med- legal product, they should not be held attorney contingent fees to maximize the re- ical Center. Today, Tony is perma- responsible for the actions of a third covery for patients. No limits would be im- nently brain damaged. party. posed on economic damages and states would According to Mrs. Dyess, no spe- While some may claim that this gun be able to maintain their own laws limiting immunity bill might be an important damage awards. cialist was on staff that night in Gulf- Again the College supports your amend- port because rising medical liability component of tort reform, in my opin- ment and applauds your leadership on this costs had forced almost all of the brain ion, health care liability reform is even important issue. We look forward to working specialists in that community to aban- more important. We must protect the with you to enact meaningful medical liabil- don their practices. As a result, Tony medical profession and the patients it ity reform that will strengthen our health had to wait 6 hours before the only spe- serves. care system and benefit patients. cialist left in Gulfport could treat How can we give near absolute pro- Sincerely, Tony to reduce the swelling in his tection from litigation for one indus- E. RANDY ECKERT, MD, FCAP, try, the gun industry, and do abso- Chair, Council on Government brain. and Professional Affairs. Without a doubt, the astronomical lutely nothing for another industry increases in medical malpractice insur- that is solely dedicated to saving lives? THE AMERICAN COLLEGE OF ance premiums are having wide-rang- Let’s ask ourselves, in the event that OBSTETRICIANS AND GYNECOLOGISTS, ing effects. It is a national problem, a bullet from a firearm is shot into an March 1, 2004. and it is time for a national solution. innocent victim, is our healthcare sys- Hon. JOHN WARNER, The President has indicated that the tem prepared to help that victim? U.S. Senate, Russell Senate Office Building, medical liability system in America is Without healthcare liability reform, it Washington, DC. may not be, as there might not be the DEAR SENATOR WARNER: The American Col- largely responsible for the rising costs lege of Obstetricians and Gynecologists of malpractice insurance. The Amer- appropriate doctor in the area to tend (ACOG), an organization representing nearly ican Medical Association and the to the patient. That is why my amend- 46,000 physicians, thanks you for introducing American College of Surgeons agree ment goes hand-in-hand with the gun S. Amdt. 2624, the Protecting the Practice of with him as does almost every doctor immunity bill. Medicine Act, an amendment to S. 1805, the in Virginia who I have discussed the So now it is up to my colleagues in Protection of Lawful Commerce in Arms issue with. the Congress. It is their choice. If we Act. We appreciate your commitment to re- The President of the AMA, Dr. John are going to give legal protections to solve the medical liability crisis facing this the gun industry, all I say is let’s give nation and protect access to needed health Nelson, has publicly stated, ‘‘We can- care for our nation’s women and children. not afford the luxury of waiting until it to the doctors as well. ACOG is deeply committed to resolving the the liability crisis gets worse to take If this choice is given to the Amer- medical liability crisis—our number one leg- action. Too many patients will be ican people, there is no doubt that the islative priority. The crisis is severely jeop- hurt.’’ doctors would win by a 100–1 margin. ardizing women’s access to ob-gyn care and The American College of Surgeons Now, I clearly recognize my situa- worsens with each passing day. Many obste- concurs by stating, ‘‘More and more tion. I want to compliment the leader- tricians no longer deliver babies, while many Americans aren’t getting the care they ship of both the majority and the mi- others are driven out of the practice completely. And future generations of moms and need when they need it. . . . The ‘dis- nority. They were eminently fair. They explained to me the situation, and I am babies are at risk as fewer and fewer medical appearing doctor’ phenomenon is get- students choose to become ob-gyns. ting progressively and rapidly worse. It not able to obtain a vote on my amend- We are pleased that your amendment con- is an increasingly serious threat to ev- ment tonight. It comes as a matter of tains proven and effective reforms, including eryone’s ability to get the care they considerable disappointment to me. a cap on non-economic damages, limits on need.’’ Nevertheless, I think there are times the number of years a plaintiff has to file a Let me state unequivocally that I when frankness and honesty have to be lawsuit, and fair allocation of damages in agree with our President, with the shared. Under the current parliamen- proportion to a party’s degree of fault, as tary situation on this bill, it is not pos- well as important expert witness qualifica- AMA, with the American College of tions. Surgeons, and with the vast majority sible for me to achieve the vote. It is clear that the Senate presents unique of doctors all across Virginia. That is I ask unanimous consent that the challenges to passing comprehensive legisla- why I am offering my amendment magnificent communications I have re- tion. It is important that every effort to today. ceived from a number of groups, physi- focus the Nation’s attention on this impor- My amendment is simple, like other cians and their organizations, that tant issue is taken. Congress must pass, and measures that have come before the have strongly supported the initiative the President must sign, legislation that will the Senator from Virginia has taken on resolve this crisis for all physicians. Senate, my amendment provides a na- ACOG will do everything to end the med- their behalf, be printed in the RECORD. tionwide cap on damages in medical ical liability crisis, which is destroying this malpractice lawsuits. There being no objection, the mate- nation’s health care system. We look forward My amendment differs from other rial was ordered to be printed in the to continuing to work with you in the future measures that have been voted on in RECORD, as follows: on this top priority. the Senate in one key aspect—whereas COLLEGE OF AMERICAN PATHOLOGISTS, Sincerely, these other bills would have applied to Northfield, IL, March 1, 2004. RALPH W. HALE, MD, FACOG, doctors, nurses, insurance companies, Hon. JOHN WARNER, Executive Vice President. U.S. Senate, drug companies, and others, my Washington, DC. AMERICAN COLLEGE OF SURGEONS, amendment is solely limited to the DEAR SENATOR WARNER: The College of Washington, DC, February 27, 2004. caring medical professionals who take American Pathologists, a medical specialty Hon. JOHN WARNER, care of each and every one of us when serving 16,000 pathologists and the labora- U.S. Senate, Russell Senate Office Building, we need medical care. tory community, supports your amendment, Washington, DC. It is a common sense solution to a se- the Protecting the Practice of Medicine Act. DEAR SENATOR WARNER: On behalf of the rious problem. This amendment would ensure that patients 66,000 Fellows of the American College of Now that I have laid out the amend- have continued access to quality, affordable Surgeons, I am pleased to offer our support for amendment titled Protecting the Prac- ment, I would like to reiterate one im- health care by addressing excessive medical liability costs that are threatening patholo- tice of Medicine Act. Outrageous medical li- portant point. The gun immunity bill gist and other physician practices. ability premiums are driving more surgeons provides broad protection to gun manu- Physicians are finding that liability insur- from practice and making access for patients facturers and gun dealers in both fed- ance is no longer available or affordable. more difficult than ever before.

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 1, 2004 CONGRESSIONAL RECORD — SENATE S1939 We are grateful that you have taken the AMERICAN MEDICAL ASSOCIATION, EXEMPTION TO S. 1805 lead in sponsoring this necessary medical li- February 27, 2004. The PRESIDING OFFICER. The Sen- ability reform amendment that promises Hon. JOHN W. WARNER, protections for both patients and physicians. U.S. Senate, Russell Senate Office Building, ator from Michigan. Not only does its assure injured parties full Washington, DC. Mr. LEVIN. Before the Senator from compensation for medical expenses and lost DEAR SENATOR WARNER: On behalf of the Virginia leaves the floor, I express to wages, but it also promotes a speedy resolu- physicians and medical students of the him my gratitude for his willingness to tion of claims and directs monetary awards American Medical Association (AMA), I am do what he has just done, which is to to the patient. writing to support your proposed medical li- accept the facts that exist tonight, not Surgeons, in particular, have been targeted ability reform amendment to S. 1805, the because he likes them but because he by skyrocketing medical liability premiums, ‘‘Protection of Lawful Commerce in Arms realistically has understood there is no with some increasing by as much as 300 per- Act.’’ alternative. I have always admired my cent. Many surgeons are being forced to re- We are particularly pleased to see that friend from Virginia. He has spoken tire earlier, stop providing high-risk proce- your amendment would establish a $250,000 out in support of the principle which is dures, or move to states where strong med- Federal cap of non-economic damages in also included in my amendment. Al- ical liability reforms are in place. medical liability suits against physicians, though he did not say this to me per- While we are offering our support for this hospitals, and other health care profes- amendment, we do have some concerns with sionals and entities. The legislation would sonally, I know he will not mind me the subrogation language. We hope this issue provide states the flexibility to set equal or sharing this with the body. He also can be resolved as we work with you to move lower caps on non-economic damages. It wanted to make it possible for me to medical liability reform legislation closer to would also protect those states that limit have an opportunity for a vote tomor- becoming law. the amount of total damages (including eco- row, if not an up-or-down vote, at least We appreciate your effort to advance med- nomic and non-economic damages) that may on a motion to table. I thank him for ical liability reform through the United be awarded in a lawsuit. his expression of support to me person- States Senate. If we can be of assistance, We deeply appreciate that your bill in- ally and his willingness to help make it please do not hesitate to contact us. cludes many of the medical liability reforms possible for me to have a vote tomor- Sincerely, that are part of the comprehensive reforms row. that have proven effective in California and THOMAS R. RUSSELL, MD, FACS, Mr. WARNER. Mr. President, I thank Executive Director. are found in H.R. 5. We are concerned, however, that language my colleague for those remarks. We in the amendment that relates to the collat- have been together in the Senate for 25 AMERICAN OSTEOPATHIC ASSOCIATION, years. We have a responsibility to- Washington, DC, February 27, 2004. eral source/subrogation provision and the gether on the Armed Services Com- Hon. JOHN W. WARNER, ERISA cause of action/scope of preemption U.S. Senate, Russell Senate Office Building, provision could disadvantage patients and mittee and so we know how to work to- Washington, DC. physicians. We would value the opportunity gether. I intend to support the distin- to continue to discuss these concerns with DEAR SENATOR WARNER: As President of guished Senator from Michigan in his the American Osteopathic Association you. efforts. The fact is, it is a good amend- (AOA), I write to thank you for introducing The AMA applauds you for your leadership ment and I urge all Members to take a the ‘‘Protecting the Practice of Medicine in offering this amendment and for high- look at the amendment of the Senator Act’’ (S. Amdt. 2624). The AOA, which rep- lighting the continued and urgent need for from Michigan. I thank the Senator resents the nation’s 52,000 osteopathic physi- medical liability reform at the Federal level. We look forward to working with you toward from Michigan for his personal com- cians, support the provisions contained in ments. No one works harder for people your amendment and applaud your contin- our mutual goal of enacting comprehensive Federal reforms, including a $250,000 cap on than the Senator from Michigan. ued efforts to reform the nation’s medical li- Mr. LEVIN. Mr. President, I thank ability system. non-economic damages. Sincerely, the Senator from Virginia and all those The nation’s health care delivery system MICHAEL D. MAVES, MD, MBA. and patient access to quality and timely in leadership who made it possible for health care are damaged greatly by the out- Mr. WARNER. I feel very strongly this amendment to be voted on tomor- of-control medical liability system. As a re- that we have to recognize, as a nation, row afternoon and before final passage. sult of this crisis, patients in Virginia and that the medical profession must, at This is a very significant amendment numerous other states, face the stark reality some point in time, be given protec- we will be voting on tomorrow. that their physician may not be available to tions not dissimilar to those protec- It has been stated by the manager of them at their time of need. tions sought in this particular legisla- the bill—and now I am reading his Osteopathic physicians are dedicated to tion. In this humble Senator’s view, I words—that we must insist the law be providing quality care to their patients. clear, unambiguous. That the officer— However, many of our members find it dif- feel it is far more important that the medical profession be cared for now, here an officer who was injured by a ficult to secure professional liability insur- weapon—have a day in court if he is ance. Those fortunate enough to secure a and it should be the top priority. The policy face premiums that are largely situation is, though, that I cannot get harmed—here I am skipping over a few unaffordable. As a result, our members are a vote on my amendment. I feel this words to get to the point—by someone forced to limit the services they offer their vote would be a very strong one, if I who through negligence has caused a patients, move their practices to states with could get a vote, because I have firearm to get into the hand of a crimi- meaningful medical liability reforms, or sim- stripped out all other beneficiaries that nal. ply retire from the practice of medicine. Re- The amendment we will be voting on were included in previous efforts, such gardless of the decision made, patients are tomorrow afternoon makes it very as insurance companies and drug man- the ones who suffer. They lose access to phy- clear lawsuits will be permitted if the sician services, they lose access to trauma ufacturers. I have limited it purely to defendant’s own gross negligence and centers, they lose access to hospitals—plain physicians and nurses. I think they own recklessness was a proximate and simple, patients lose. need help now because they are not cause of somebody’s death or injury. It is our opinion that the medical liability able to deliver that quality of medical crisis is the greatest danger facing the The Senator from Idaho has said on a care they want to give to Americans number of occasions people should not health care delivery system. For this reason, throughout the fifty states. professional liability insurance reform re- be held liable for somebody else’s mains the top legislative priority for the With a great sense of disappointment criminal act. I do not disagree with AOA. Beyond access problems, the liability I say that tonight I will not withdraw that. What my amendment says is crisis is a leading contributor to the esca- the amendment, it will remain, but someone can be liable for their own lating costs of health care in this country. under the standing order it will, unfor- recklessness and their own negligence. The AOA and the American public support tunately, expire automatically. I say I make it clear in my amendment we the enactment of meaningful and com- to my colleagues, though, that I will are talking about gross negligence. prehensive medical liability reforms in the continue this fight another day. A number of cases have been referred United States Senate. Please do not hesitate I ask unanimous consent to place in to call upon the AOA and our members for to during the debate on this bill. One of assistance in your efforts on this issue. the RECORD the full text of the state- the cases involves the so-called Bull’s Sincerely, ment I made Friday on the Senate Eye Shooter Supply Company. We had DARRYL A. BEEHLER, D.O., floor in support of my amendment. a situation where a gun dealer was al- President. I yield the floor. legedly reckless in terms of failing to

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1940 CONGRESSIONAL RECORD — SENATE March 1, 2004 secure his inventory and over and over isn’t a junk lawsuit. It is based on the weapons ban. Mr. President, 77 percent again there were losses from that in- alleged negligence of a gun dealer. But of the voters are for it; 21 percent ventory, and the DC shooters who the bill before us would require it also against; even among gun owners, 66 killed so many people, Muhammad and to allege that the dealer violated a percent for, 30 percent against. So the Malvo, got one of those guns. statute. bill has overwhelming support. But for the negligence and reckless- It is not right that people who have You would think it would be renewed ness of that gun dealer, they would not been injured or killed by the reckless and renewed rather quickly, but in- have gotten those guns. That is the al- or grossly negligent conduct of a gun stead it is hanging by a hair. If I had to legation in the lawsuit. So it is not dealer or manufacturer must also prove bet—and I have been whipping this bill Muhammad’s and Malvo’s criminal act that the dealer or manufacturer vio- for the last week—there will either be that is the issue in this lawsuit in the lated a statute. a tie or it will pass by one vote or it State of Washington. It is the reckless- Individual responsibility has always will fail by one vote. This bill is neck ness and negligence of the gun dealer been at the heart of good tort law and and neck. All it does is renew this con- that is the issue in that lawsuit. my amendment will keep it at the troversial but successful piece of legis- The court there was faced with a mo- heart of the tort law that we are appar- lation for another 10 years. In fact, it is tion to dismiss and the court ruled it ently going to be writing in the Senate. an exact replica of the previous bill. The PRESIDING OFFICER. The 5 was the alleged reckless or incom- Many of us would have liked the bill petent conduct of distributing firearms minutes of the Senator has expired. Mr. LEVIN. Again, I thank all of to go further, to cover weapons that which was the cause of action, not the are semiautomatic assault weapons but criminal activity of Muhammad and those who made it possible for me to get to a vote tomorrow afternoon on a are not covered by the bill. Manufac- Malvo, and that but for that reckless turers have come out and created new and incompetent conduct in distrib- rollcall. I thank the Chair. The PRESIDING OFFICER. Under weapons around the 19. But in def- uting firearms, the killing would not the previous order, the Senator from erence to those who worry that the have occurred. So my amendment New York is recognized for 15 minutes. Government will expand unreasonably makes clear what I think should be Mr. SCHUMER. Mr. President, I am search and confiscation, so to speak, of clear in this law, or any law, which is rising in support of the amendment we these weapons, we didn’t do it. So we reckless or grossly negligent conduct will vote on tomorrow on continuing are simply asking to renew the 19 dif- on the part of a defendant, if it is the the assault weapons ban. I am carrying ferent types of assault weapons. proximate cause of somebody’s death this amendment along with Senator Just to show, these weapons that or injury, may be grounds for civil li- FEINSTEIN, who passed the bill in the were banned can never be used for ability. Senate in 1993. I was the lead sponsor hunting. They can never be used for That is very separate from saying in the House as well as the two of our target practice. They can’t be used, somebody is responsible for somebody colleagues from the other side of the really, in self-defense unless you are else’s criminal conduct. This is making aisle, Senator WARNER and Senator reckless and wild, because they were somebody responsible for their own DEWINE, and many others. designed by armies for use in military conduct which, of course, is the whole When we passed the assault weapons combat. In other words, they didn’t purpose of our tort law. ban in 1993, there was a great deal of have to be terribly accurate. They had Tomorrow we are going to have an concern. The arguments against the opportunity to make that clear in the to have strong firepower and be able to ban were two: One, that the bill would fire a whole lot of bullets in a very bill on which we are going to be voting. cause to be confiscated weapons far be- It might be argued that the bill we are short time. Names such as AK–47, Uzi, yond the 19 banned weapons, the Uzis TEC–9, and Streetsweeper—these are voting on says if you are negligent per and the AK–47s; and, two, that it would se, you can be held accountable. That weapons of mass devastation. They are not be effective. very efficient killing machines. They is fine. Negligence per se means if you We now have 10 years of evidence and violate a statute or violate the law. are appropriate on the field of battle the evidence is clear that neither of but not in a reasonable country where But what happens if you are not vio- those worries about this bill have prov- lating a statute or law but that you are there is a right to bear arms—which I en to be true. We cannot report a single believe in but not an unlimited right to still reckless or you are still grossly instance where a nonassault weapon bear any arm whatsoever. negligent? What if you are not vio- was confiscated, an overreaching Gov- lating a criminal law or a statute but ernment, ATF, or whomever went in I would say to my colleagues, my ad- you are just simply reckless in the way and confiscated hunting rifles or, versaries, because that is what they in which you do not maintain your in- frankly, other than the 19, weapons are really, in the NRA, no amendment ventory and you do not secure the that were not on the list. We were care- is absolute. I believe in the first weapons you are selling? Most neg- ful in the bill. We named 670 different amendment. I cherish it. But there are ligence, most gross negligence, and guns used for hunting, protection, and a lot of limits on first amendment most recklessness is not based on a vio- sports shooting that could not be rights. Judge Oliver Wendell Holmes lation of law. It is based on a violation touched. But it is even new guns that said you can’t wrongly scream ‘‘fire’’ of a standard. We set forth those stand- have come out since then. There has in a crowded theater. That is an impo- ards in gross negligence and reckless- not been a single complaint of which I sition on my complete rights of free ness in this amendment to make sure am aware. speech but it is a reasonable limita- the people who are going to be subject Second, the bill has been effective. In tion. to civil liability are people whose own all gun crimes, the percent of assault The same on the second amendment. gross negligence, whose own reckless- weapons that are used has gone down I tell you I resent those on the left who ness is the proximate cause of some- to one-third of what it was. A little want the first amendment to be ex- body else’s injury or death. more than 3.5 percent—I think it is 3.75 panded as broadly as possible and then It is simply not right that we say percent of crime guns were assault say the second amendment has to fit somebody whose gross negligence or weapons back before 1993. In the last 10 through a pinhole. There is a right to recklessness has caused injury or death years, it has gone down to 1.2 percent. bear arms but it is not an unlimited to someone else should not be liable Law enforcement is strongly for our right to bear arms. Should anyone be unless they have also violated a stat- bill for the simple reason they don’t able to buy a tank or a bazooka? Of ute. want to be outgunned on the streets. course not. The lawsuit filed by Detective They don’t want one of our latest Here is an AK–47. It is the most wide- Lemongello and Officer McGuire, the criminal problems, gangs, to have Uzis ly used assault weapon in the world. It two injured police officers who were and AK–47s while they are shooting is a very good military machine. It shot by a gun sold to a straw pur- back with their 9 mms. The bill has comes with a 30-round ammunition clip chaser, alleged negligence on the part worked. capable of being fired as fast as the op- of the seller of that gun. The court de- As a result, the American people are erator can pull the trigger. The faster nied a motion to dismiss the suit. This overwhelmingly in favor of the assault you can move your finger, the more

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 1, 2004 CONGRESSIONAL RECORD — SENATE S1941 people you can kill. With a little prac- Renewing the Assault Weapons Ban makes ban to expire, which would be a step tice, a shooter could kill an entire bas- so much sense that organizations which rep- backward in America—a step backward ketball team in seconds. That is not resent the doctors and nurses who see gun- for law enforcement, a step backward what we want and no one would use shot victims in emergency rooms every day for safety and, frankly, a step back- this weapon for hunting. No store likewise support this bill. They include: the American Academy of Family Physicians; ward in the political discourse of civil- owner or homeowner would use this for the American Public Health Association; the ity and rationality we all prize. self-defense. They are not even accu- National Association of Public Hospitals and I urge support of the amendment rate. They just fire a lot of bullets. Health Systems; and the Physicians for a Vi- Senators FEINSTEIN, WARNER, DEWINE, How about the next one, the Uzi? olence Free Society; and myself will be offering for a vote This was designed originally as a sub- It makes so much sense that organizations tomorrow morning at 11:30. machinegun. It comes with a 32-round which represent victims of gun violence and I yield the floor. ammunition magazine capable of being other crimes in society likewise support this The PRESIDING OFFICER. Under fired as fast as the operator can pull bill. They include: the Family Violence Pre- the previous order, the Senator from vention Fund; the National Coalition the trigger. It is easy to hide because Ohio is recognized for 15 minutes. of its compact design and it is very re- Against Domestic Violence; and the National Network to End Domestic Violence. Mr. DEWINE. Mr. President, I spoke liable. Why? Because the Uzi was made Renewing the Assault Weapons Ban makes earlier today in favor of an amendment for the Israeli Army. Not for the so much sense that organizations which rep- we have offered which the Senator Bloods or the Crips or the MS–13 or any resent just regular mothers, fathers, children from New York is talking about; that of the violent gangs that love to use and families across America strongly sup- is, the assault weapon ban. It is a very these weapons. port this bill, like: the Mothers Against Vio- simple amendment. I don’t intend to There is the TEC–9. We don’t have a lence in America; and the Child Welfare talk about it this evening other than League of America; chart of it. It is similar; 30- to 36- to say this is merely a reiteration of rounds, easily convertible into a ma- Even religious organizations like the Na- tional Association of Catholic Bishops and status quo—a law that has been on the chinegun. books now for 10 years, and a law that Perhaps the most scary of all, is the the American Academy of Episcopal Church- es support renewing the ban. has the support of law enforcement of- Streetsweeper. The Streetsweeper— ficers across this country. It is the here it is—can fire twelve 12-gauge Finally, more then 100 mayors across shotgun shells in less than 15 seconds. America have written to Senator Fein- right thing to do from a law enforce- That’s right, shotgun shells, not reg- stein or myself in support of this bill. ment point of view. This Congress ular ammunition. Anyone who knows Mr. SCHUMER. Finally, the tactics. should in fact continue this law in ef- guns knows a shotgun sprays wide with As I said, this bill is hanging by a fect. This is truly a law enforcement shot, rather than fixing on a narrow thread. The vote is neck and neck. vote. I commend my colleague from target with a single bullet. That is I would first ask any of you out there New York for his comments. what makes the Streetsweeper’s capa- in America who are listening to sup- Let me speak tonight about three dif- bility remarkable. It is not part of the port this ban and to call your Senator. ferent items. right of the average citizen to bear Let them know how you feel because First, very briefly, I would like to arms. most Americans are overwhelmingly support the Levin amendment which So the bottom line is this is a reason- for the bill. will be voted on tomorrow. I thank my able bill that has been successful. I would say to our President down at colleague from Michigan for his leader- There is no, let me repeat, no civilian the other end of Pennsylvania Avenue: ship on this issue. His amendment is a use for the 19 weapons banned by the Please. You said you support renewing simple, modest amendment. It would assault weapons ban. the ban. Step up to the plate. Help get merely allow injured victims to bring Pre-ban assault weapons continue to it passed. cases of gross negligence or reckless- plague our streets. A couple of weeks One thing the American people are ness against irresponsible gun dealers ago in my city of Albany, NY, my upset with these days is when any poli- without the unreasonable restrictions State, the Albany Police Department tician says one thing but then does an- of the gun liability bill that is in front suffered its first death of a police offi- other. To say we shouldn’t amend the of us. That is fair. It is justice. cer since 1987. LT John Finn, a highly immunity bill, to say do not lift a fin- I have already spoken about what I decorated well-regarded officer and 13- ger and help get this ban passed when consider to be the drastic attack the year veteran of the Albany PD was it is so close, will make the American underlying bill makes on ordinary neg- shot on December 23, 2003, 2 days before people, in my opinion, justifiably think ligence cases and on this select group Christmas, by a criminal using a pre- the President doesn’t want it to pass. of victims in our society. It is wrong. ban assault weapon, an American Arms I would again renew my plea to the As my colleagues know, cases of gross AP 9 mm. On February 12, Officer Finn Vice President that he be available to- negligence or recklessness require even succumbed to his wounds and died. morrow. There may well be a tie vote, greater wrongdoing by irresponsible That is all we are trying to stop, not and he has been a loyal and true serv- people before liability can be found. impinge on the rights of gun owners. ant to the President. We ask him to sit This amendment merely restores the Police organizations, law enforcement in the Chair you are now sitting in, Mr. ability of parties injured as a result of are for us; the FOP, the International President, and cast that vote in favor gross negligence or recklessness to Brotherhood of Police, Major Cities of renewing the ban. have their day in court. I implore my Chiefs of Police, International Associa- I hope my colleagues will look into colleagues in the Senate when Senator tion of Chiefs of Police, Hispanic- their consciences. LEVIN’s amendment is offered tomor- American Police Command Officers, I understand there is a lot of misin- row to vote in favor of it. many other groups. I ask unanimous formation about this bill. I still have I rise this evening also in support of consent to have the list printed in the people occasionally who come to me in Senator MCCAIN’s amendment which ECORD. R my State and ask, Why do you want to will also be voted on tomorrow. This There being no objection, the mate- take away my gun rights? I believe in rial was ordered to be printed in the amendment is known as the Gun Show the right to bear arms. I have opposed Loophole Closing Act of 2003. Senators RECORD, as follows: abolition of the second amendment, LIEBERMAN, REED, and myself are the The International Brotherhood of Police Officers; the Major Cities Chiefs of Police; like some of my colleagues from New original cosponsors of this common- the International Association of Chiefs of York on the House side have argued sense amendment, an amendment that Police; and the Hispanic-American Police should be done. But if you do not have aims to keep guns out of the hands of Command Officers Association. reasonable laws within the confines of criminals and out of the hands of chil- Groups which represent our State and local amendment rights, our country dren. municipalities, who see first hand the bloody wouldn’t function. The United States Constitution guar- violence that assault weapons can cause, Again, I urge my colleagues to look antees the rights of gun owners. We all likewise support this bill. They include: the National League of Cit- into their consciences because we are believe strongly in the second amend- ies; the National Association of Counties; going to need every vote we can get ment. As a former prosecutor in Greene and the United States Conference of Mayors. here to not allow the assault weapons County, Ohio, I have learned the best

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1942 CONGRESSIONAL RECORD — SENATE March 1, 2004 way to protect the rights of law-abid- ever, to enact legislation to protect our the past to discuss the situation in ing citizens and reducing illegal and citizens from this potential area of ter- Haiti. Over the last 9, 10 years since I often fatal use of guns is to pass and rorist exploitation. have been in the Senate, I have trav- enforce tough laws that severely pun- This amendment is simply common eled to Haiti 13 or 14 different times. ish criminals who use them. I have sense. Regardless of where firearms are Haiti has been on the front page of the tried to do that throughout my legisla- purchased, whether at a gun shop or a papers now and in the news for the last tive career. gun show, the laws should be the same. several weeks. The situation certainly I have consistently supported meas- It seems silly if you go to a gun show reached a climax this weekend. ures to keep firearms from getting into to buy a gun, the determination as to Once more, Haiti is at a crossroad. the wrong hands and efforts that in- whether you will have to undergo a Once more, the U.S. troops, U.S. Ma- crease the punishment of those who use background check is wholly dependent rines, are back in Haiti. I commend firearms in the commission of a crime. upon how you purchase a gun; that is, President Bush for taking decisive ac- I believe the Gun Show Loophole Clos- you could buy a gun from one seller tion and sending the Marines into Haiti ing Act helps achieve this goal. and be subjected to the government’s to stabilize the situation in this poor For the most part, our current sys- Brady check. But if you walk a few feet country. We have 20,000 Americans who tem is working. Under the existing away, you can find another seller, give live in Haiti. This country is in our Brady bill, when a purchaser buys a them some cash, they would be willing own back yard. The President made the gun from a licensed dealer, he or she to give you a gun, and that gun would right decision. must undergo a background check not be subject to a check and that sell- But if we are to avoid this happening through the Federal Government’s Na- er would not be subject to a check. You again and again and again, avoid the tional Instant Criminal Background would walk away with a gun and to- necessity of sending U.S. troops back Check System, or NICS, into which tally be unchecked. Don’t we think to Haiti time and time again, avoid States feed records of certain criminals that criminals know this? Of course seeing the boat people coming toward and others not qualified to own a gun. they know it. the United States, avoid having to see NICS has up to 3 days to inform the It is like having a metal detector at the very sad scene of the U.S. Coast dealer as to whether the buyer is quali- the front entrance of our building but Guard having to pick these poor, mis- fied to purchase a gun. But 95 percent leaving the back door wide open for erable people up on the high seas and of these checks come up with an in- anyone to pass through. Don’t we think take them back to Haiti, if we are to stant or near instant response allowing that under that circumstance, someone avoid this in the future, and if the peo- or disallowing the purchase imme- with nefarious intentions would simply ple of Haiti are to have any hope, then diately. So a decision can be made. The use the back entrance? That would this country and the international person can get their gun. make our attempt at security com- community has to now take some very This amendment simply applies the pletely illusory. Indeed, not only would bold and radical steps. same commonsense check to all gun there be no greater security whatever, Now is the time to change the future show sales. Right now, there is no stat- we would be paying a lot of money to and to do some things differently. We ute requiring that all sellers at gun do absolutely nothing, nothing other have to do them in conjunction with shows run these checks on potential than giving hard-working Americans a the new coalition Haitian Government. gun buyers. Yet according to Federal false sense of security. That certainly The Haitian Government, by the way, officials, gun shows are the second makes no sense and would not under cannot include and should not include leading source of illegal guns recovered those circumstances. the thugs, the drug dealers, the bad from gun trafficking investigations. That is the exact same thing that is people who are part of this group of By leaving this loophole open, by not going on with the gun show loophole. rebels who were marching on Port-au- requiring all gun show sellers to run People with these nefarious intentions Prince. These are not good people. NICS checks, we are presenting gun know they have a back door to getting They cannot be part of the govern- traffickers and other criminals with a guns without any threat of a back- ment. But there are many good people prime opportunity to acquire firearms. ground check. Thus, this Government, in Haiti who can be a part, and are This is terrifying. This is unacceptable. spending millions of dollars on a so- going to be a part of the new coalition In common language, we have a situa- phisticated system of background government. tion where someone can walk into a checks to check the background of peo- Briefly, in the time remaining in the gun show, look around, look for a li- ple who voluntarily choose to be Senate, I will make a few suggestions. censed firearm dealer, and find a fire- checked, they go in, buy the gun, they These are suggestions made in regard arm dealer. If they buy a gun from that voluntarily choose to be checked, but to the long-term health of Haiti. They person, there will be a check run. But the system totally misses those who, are this idea of bold and innovative and if they do not want a check run on with very little effort, choose to evade radical change of things that need to them, all they have to do is find some- it. be done. First is trade. Congressman one at the gun show who is not a li- That is a waste of the American peo- CLAY SHAW and I have introduced in censed firearm dealer. At most gun ple’s money. At the same time, it gives our respective bodies a bill, S. 489, a shows they can find that person. They them a false sense of security. We need trade bill, a very modest bill. It would just have to look around. They will to provide the American people with not cost any American job. It might find them. Guess what. They do not the security they deserve and for which cost some jobs in Asia, but certainly it have to have a check run. they are already paying. This amend- would not cost any jobs in the United If you are a criminal, if you have a ment, the McCain amendment, that we States. It would create some jobs in felony conviction, or worse yet, if you will vote on tomorrow, closes the gun Haiti, give them modest trade pref- are a terrorist, you go to a gun show show loophole in a way that respects erence. and you find someone who is not a reg- the second amendment and also re- It was not too many years ago there istered firearm dealer and you buy spects an honest law-abiding Ameri- were 100,000 assembly jobs in Haiti. their gun and there is no check done. can’s right to buy and sell guns and to Today, there are only about 30,000. This That is a classic definition or classic attend gun shows. That is good law. It bill would create very quickly, prob- example of a loophole. is good policy. It makes good common ably 60,000 or 70,000 jobs in Haiti, as- Following the attacks on September sense. That is why I support this sembly jobs. Haitian people are an in- 11, for example, news reports suggested amendment and urge my colleagues to dustrious, hard-working people. Any- that al-Qaida produced a handbook in join me tomorrow. one who knows anything about Haiti which it advised terrorists to purchase f will tell you that. These jobs would be firearms at gun shows in the United created very quickly. For each job that States. Other media reports indicate HAITI is created, each one of those individ- that suspected terrorists have ex- Mr. DEWINE. Mr. President, I will uals would support many people and ploited this loophole to acquire fire- discuss tonight the situation in Haiti. I their families. Haitian people want the arms. It is imperative now, more than have come to the Senate many times in same thing that people in this country

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It will never herit from past governments from This time it is going to have to be be of strategic importance to the years and years ago, a debt to the separated somehow from the govern- United States, but it will always be of international community of $1.17 bil- ment politicians. It is going to have to importance. It will always be a country lion. Let’s do something bold. Let’s get be independent. It is going to have to we will have to deal with. If not for hu- together with the international com- respect the rule of law and not be po- manitarian concerns—and I think it munity and say that debt needs to be liticized. should be; I think we should worry forgiven. Let’s get rid of it. Don’t sad- Fourth, we are going to have to re- about their humanitarian concerns—we dle this government with that debt. store aid to the government. A few will always be there because of the rea- That is bold. That is different. We have years ago, when we became very dis- sons I have mentioned. done it in the past. The international enchanted—what our Government did community did it as far as wiping away with the Aristide regime, I believe un- No other nation in our hemisphere some of the debt for Nicaragua, an- derstandably so—we stopped giving any has a higher rate of AIDS than Haiti. other very poor country in this hemi- aid to the government. We gave aid to No other nation in our hemisphere has sphere—not as poor as Haiti—but we the NGOs and to the nonprofits and to a higher infant mortality rate or a did it a few years ago. It needs to be the charitable organizations down lower life expectancy rate than Haiti. done for Haiti if this Government of there. I happened to think it was the No other country in our hemisphere is Haiti will have a chance. right thing to do, and I supported that. as environmentally strapped as Haiti. Third, we have to put resources in But what that meant was, the govern- Despite its radical differences, Haiti and work with the new Government of ment institutions suffered. remains in our own backyard. It is in- Haiti in regard to the rule of law, and Today, with the new government trinsically linked to the United States to start with the courts. We can have that is starting to emerge in Haiti, we by history, geography, and humani- free elections and try to bring back de- have to nourish that because if the in- tarian concerns. It is linked to us by il- mocracy, and have democracy, but stitutions in a country do not flourish, licit drug trade and the ever-present there is nothing more important— it is hard to have democracy. So we possibility of droves of incoming refu- frankly, nothing tougher—than to de- have to reinstate, now, our direct aid. gees. Haiti’s problems are—whether we velop a court system that respects the And other countries have to do the like it or not—our problems. rule of law. same. We are in this with other coun- To assure progress, Mr. President and Why is the rule of law important? tries. They have to reinstate their di- Members of the Senate, we—Repub- Well, one reason it is important is, if rect aid. We have to reinstate our di- licans and Democrats—in Congress you are going to have foreign invest- rect aid to the Government of Haiti so need to join forces and approach Haiti ment in the country, if you are going they can develop their institutions, with a united, bipartisan front. Haiti’s to get people, companies to put money whether they are the courts or the po- dire humanitarian and economic crisis into a country and to invest and create lice or the other basic institutions of transcends partisan politics. Moreover, jobs—which is what you have to have; the country. the United States must work with the you have to have jobs—then they have Fifth, Haiti is one of the most international community over the long to be able to have some assurance that deforested countries in the world. It is haul because any improvements will when they make an investment, their a country that suffers from depleted require a serious, sustained long-term investment will be protected. You only topsoil. We have to work with them to commitment. do that through the rule of law, and develop better agricultural practices. you do that by having honest judges All the people are fleeing the coun- Conditions in Haiti will not change and cases that can be processed in tryside, going to Port-au-Prince, going overnight. We must remain, though, court. to Cap-Haitien, creating more and committed to Haiti for as long as it We can do that by mentoring the more slums, with more and more peo- takes for reforms to take root and for judges, by helping create the system in ple who cannot be fed, with more and a democratic system of government to their country, the magistrates. We more crime and all kinds of problems emerge. need to put extra effort into that. We that you see with slums in cities. Ultimately, the United States cannot have the ability in this country to do That trend can only be reversed if ‘‘fix’’ Haiti, nor can the international it. We have good programs through our people have a way of making a living community. But we can improve the Justice Department and State Depart- and farming. So our economic develop- situation, and we can help Haiti begin ment. We have done it in other coun- ment has to be focused on agriculture to help itself. Clearly, Haiti is at a piv- tries. We can do it there. and good practices. USAID has to work otal point in its history, and so is the In relation to the police, we were with other donors around the world to international community. We can ei- making very good headway a few years focus on that. ther choose a path that builds upon ago in Haiti. We brought into Haiti Haiti is a relatively small country of Haiti’s tentative democracy or choose some great Haitian-American cops 8 million people; it has hardly any top- a road that will lead to yet another from New York City and Chicago and soil left. It is deforested. The emphasis dictatorial regime. This time, let’s get LA. They went down to Haiti. They has to be put on sustainable agri- it right. This time, let’s not blow it. mentored the new, young recruits, and culture and economic development. Mr. President, I thank the Chair and things were working. I saw it myself. Finally, we have to continue our as- yield the floor. You should have seen the pride when I sistance. The international community talked to these Haitian-American po- has to continue the assistance. We The PRESIDING OFFICER. The Sen- licemen from Chicago and LA and New have to continue our assistance on all ator from Minnesota. York. They were so proud of what they the good work that is being done in Mr. DAYTON. Thank you, Mr. Presi- were doing. Haiti, including the amazing work in dent. I commend my friend and col- Unfortunately, President Aristide al- regard to fighting the AIDS problem in league from Ohio for his eloquent and lowed it to become political. It then Haiti. AIDS is a huge problem, but very thoughtful statements on both started to become corrupt, and all that there are excellent doctors who are the legislation before the Senate as good work started to go down the working on that problem. Dr. Pape and well as the situation in Haiti. I com- drain. That work can be revised. Some Dr. Farmer are doing very wonderful mend his wisdom to the rest of my col- of those policemen who were trained work there. leagues, as I will take it upon myself.

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1944 CONGRESSIONAL RECORD — SENATE March 1, 2004 A CONSTITUTIONAL AMENDMENT follows the words of Jesus and it also good and evil. It is big hearted, not ON MARRIAGE follows the founding principle of this mean spirited. It unites rather than di- Mr. DAYTON. Mr. President, I wish country, the freedom of religion, the vides us. It expands human liberties, to change the subject to another im- separation of church and state. protects human rights, and it treats all portant matter that has arisen, be- Surely this body doesn’t intend to of us as equals. Our Constitution af- cause recently President Bush an- tamper with that bedrock principle firms the best of the human spirit, tol- nounced his support for a constitu- long enshrined in our Constitution, the erance, and acceptance of differences, tional amendment which would define free exercise of religion. It is the civil and the rights of each of us as human marriage. side of this overlapping term called beings—not the worst of human nature, While our majority leader, Senator marriage that we can and should con- prejudice, and hatred. FRIST, wisely observed, last week, that cern ourselves with. First, we should The proposed amendment on mar- one does not want to knee-jerk or re- clear up the confusion being caused by riage is the worst. It is that mean spir- spond too quickly to changing the Con- the dual usage of the word ‘‘marriage’’ ited, degrading, and divisive. It is un- stitution—and I certainly agree with to apply to both a religious ceremony American and it is unworthy of our that observation—the Senate Repub- and a legal contract. Let’s find a term Constitution. It is also un-Christian. lican Conference chairman recently like ‘‘marital contract’’ or ‘‘legal I am not going to dwell on this point, said he hoped the amendment would union’’ or ‘‘matrimony’’ to describe the but as a Christian I am offended by pass out of the Judiciary Committee civil relationship for everybody. It will those false prophets who cloak their and be before the full Senate by mid to be perhaps a little awkward at first, as arguments with biblical references that late April. So much for not knee-jerk- word changes always are, but they are simply do not exist. I recently reread ing or responding too quickly to amend far easier than constitutional amend- the four Gospels of the New Testa- the Constitution. ments, and far less destructive than ment—actually, the entire New Testa- This is one constitutional amend- this one would be. ment, the King James version. I cannot ment that evidently is being put on the Yesterday I was having lunch with find anywhere that Jesus Christ con- fast track. I ask my colleagues to com- my father, a wonderful man whom I demns homosexual relationships or gay pare that timetable with the proposed love dearly. He expressed his concern marriages. He makes no mention of constitutional amendment to ban the about gay marriages, and then I ex- them at all. Twelve times he condemns burning or desecration of the American plained some of the real-life rights and adultery. Six times he opposes divorce. flag, which I support, which has been protections involved, like property No one is proposing a constitutional proposed for the 3 years I have been in transfers, inheritance rights, or hos- amendment to ban adultery or divorce. the Senate. No votes scheduled on that. pital visitations. He said, ‘‘I am for all What Jesus does say repeatedly is to No statement by the President about that.’’ That is the distinction which love thy neighbor as thyself. One of the the need to protect the American flag. must be made. Not everybody will ten great commandments is: ‘‘Love one For almost as long as that, there has agree with my father about all of that. another as I have loved you. By this, been a proposed constitutional amend- However, most Americans, I believe, people will know thee as my disciple.’’ ment to protect the rights of victims of would consider those issues differently Jesus did not say to love only thy op- violent crimes, which I also support. and feel differently about them than posite sex neighbor, or love only thy No vote planned on that. No statement about the term ‘‘gay marriage,’’ which same race neighbor, or love thy just from the President on protecting the should not be forced upon them. like my neighbor. He said, ‘‘Love thy victims of violent crimes—just a budg- We have a choice. We can lead the neighbor as thy self.’’ He also said to et that cuts funding for local law en- consideration of these very personal, beware of false prophets who appear forcement programs, including almost very sensitive, and very controversial like sheep, but inwardly are raving eliminating the COPS program that matters toward a higher plain of re- wolves. How do you tell them apart? He puts more police officers on streets in spectful, rational discussion and reso- said by those who preach love versus cities and sheriffs in rural areas, in lution or we can drag them through di- those who preach hatred. A simple test. Minnesota and across the country, to visive, destructive, and dehumanizing This proposed constitutional amend- prevent violent crimes. demagoguery on the Senate floor. Obvi- ment spews hatred and that is why it is It certainly shows the priorities of ously, some people—starting, evi- un-Christian. This amendment is un- this President and the Senate’s major- dently, with the President of the American, un-Christian, and it is un- ity that protection of the American United States—believe it is to their po- wise. It is ugly, divisive, and destruc- flag and of the rights of victims of vio- litical advantage to do the latter. That tive. Some people like to promote the lent crimes are set aside, while the is really a shame. so-called culture wars. They try to constitutional amendment to define Our Constitution should be above build themselves up by tearing other marriage gets this priority treatment. Presidential politics; it should be people down, try to make them seem In my opinion, it is the wrong pri- above partisan politics; it should be immoral or bad or wrong for being the ority and the wrong policy. The pro- above any politics at all. It is the way God made them, or however one posed constitutional amendment on greatest document on governance ever comes to be who he or she really is. marriage is un-American, un-Christian, written by the human race in all of re- Ugly, divisive, destructive, hateful— and unwise. It is the wrong approach. corded history throughout the world. that is what this debate will become We need to find a better answer. We Since the first 12 amendments were right here on the Senate floor and also need to avoid the mean, ugly, de- quickly added, it has been amended spread all across America by false humanizing, and divisive debate that a only 15 other times in the past 200 prophets who claim the moral high constitutional amendment would re- years. Those amendments were either ground while they reach down into the quire. We owe the American people to adjust how our Government func- emotional cesspool and hurl their much better than that. tions, such as the direct election of slime at decent and innocent human In the Bible, Jesus says, ‘‘Render Senators, or the succession after the beings—our fellow citizens. unto Caesar the things which are death of a President, or as amendments As I said earlier—and I will close by Caesar’s, and render unto God the to extend the founding principles of saying it again—we have the choice things that are God’s.’’ Many of the this country of life, liberty, and the and the obligation to do better than Christian religions’ marriage cere- pursuit of happiness to all our citizens that. We can and we must address monies proclaim marriage as an insti- fully and equally, like the abolishment these issues and the people affected by tution created by God. I agree. So let of slavery, giving women the right to them respectfully and responsibly. We us leave the definition of marriage to vote, and providing equal protections can render unto Caesar the things that the various religions as they interpret to all of our citizens. are Caesar’s and render unto God the the Word of God, and Congress, the The Constitution doesn’t define the things that are God’s. We can leave Federal Government, any government Ten Commandments or the Golden marriage to God, treat it as a religious in this country, should keep its hands Rule. It doesn’t define war, peace, fam- ceremony under the terms and condi- off of marriage. It belongs to God. That ily values, spiritual growth, or even tions established by religions and, as

VerDate Mar 15 2010 21:40 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01MR4.REC S01MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 1, 2004 CONGRESSIONAL RECORD — SENATE S1945 Government, leave those matters to ADJOURNMENT UNTIL 9:30 A.M. BRENT IZU, 0000 MARTIN P. KASZUBOWSKI, 0000 God. TOMORROW JESSICA A. KEHREN, 0000 KIMBERLY A. KERRKNOTT, 0000 We can define the legal union of two The PRESIDING OFFICER. Under DANIEL L. LAMAR, 0000 the previous order, the Senate stands GREGORY D. LANGAS, 0000 people as a marital contract or matri- BRETT E. LINCK, 0000 mony or some other term, and either adjourned until 9:30 a.m. tomorrow. SEAN P. MARTIN, 0000 Thereupon, the Senate, at 7:21 p.m., NECIA M. MCREE, 0000 allow the States to define those terms, MICHAEL A. MEEKER, 0000 benefits, and protections of that con- adjourned until Tuesday, March 2, 2004, BENJAMIN MONSON, 0000 at 9:30 a.m. ROMAN M. J. NATION, 0000 tract or do so ourselves. I prefer we do JENNIFER A. NOWE, 0000 the latter, consistent with the equal f CADE M. NYLUND, 0000 protections clauses in article 4 and the MICHAEL P. OREJUDOS, 0000 NOMINATIONS ERIK D. PEARSON, 0000 fourteenth amendment to the United DAMIEN C. POWELL, 0000 RICHARD J. ROBINS, 0000 States Constitution for everyone, by Executive nominations received by VANCE M. ROTHMEYER, 0000 passing laws, not a constitutional the Senate March 1, 2004: NAPOLEON P. ROUX III, 0000 AARON M. RUBIN, 0000 amendment—laws which define a legal ENVIRONMENTAL PROTECTION AGENCY MEREDITH A. SARDA, 0000 CHARLES M. SNOW, 0000 union or a marital contract for every- ANN R. KLEE, OF VIRGINIA, TO BE AN ASSISTANT AD- SAMUEL A. SPEAR, 0000 MINISTRATOR OF THE ENVIRONMENTAL PROTECTION one but which leave marriage as a sep- DANIEL A. STEIGELMAN, 0000 AGENCY, VICE ROBERT E. FABRICANT, RESIGNED. arate province of religions. KENJI L. TAKANO, 0000 IN THE AIR FORCE TRUNG T. TRAN, 0000 By following this course, we will VIRGINIA A. UNDERWOOD, 0000 THE FOLLOWING NAMED STUDENTS FOR REGULAR AP- BRYAN J. UNSELL, 0000 judge not that we shall not be judged; POINTMENT IN THE GRADE INDICATED IN THE UNITED KENNETH W. VAWTER, 0000 we will condemn not that we shall not STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTIONS 531 CHARLENE A. WILLIAMS, 0000 AND 2114. PETER M. WILLIAMS, 0000 be condemned. For it is said that with To be captain VANESSA W. WONG, 0000 the same measure that we mete withal, CURTIS J. WOZNIAK, 0000 DOUGLAS R. ALFAR, 0000 FI A. YI, 0000 it shall be measured to us again. KORY R. BODILY, 0000 IN THE ARMY The Founders of this country were JASON D. BOYD, 0000 RUTH N. BRENNER, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT wise enough not to inscribe their con- TYSON C. BROWN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY CHRISTOPHER W. BUNT, 0000 JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, demnations into the Constitution. Sen- JEFFREY S. BURBIDGE, 0000 U.S.C., SECTIONS 624 AND 3064: ators for over 200 years have been wise ANGELIQUE N. CHRISTMAN, 0000 CHARLES B. COFFMAN, 0000 To be lieutenant colonel enough not to insert their religious in- CHANTAL M. COUSINEAU, 0000 terpretations or their personal con- STEFANI L. DIEDRICH, 0000 RANDALL J. VANCE, 0000 LANCE D. EDMONDS, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT demnations into our Constitution. We KEVIN A. FAJARDO, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY BRIAN B. GLODT, 0000 would be most unwise to do otherwise. UNDER TITLE 10, U.S.C., SECTION 624: ARTHUR F. GUERRERO, 0000 Thank you, Mr. President. I yield the CINDY LOU HARRIS, 0000 To be major JOSHUA A. HARTMAN, 0000 floor. JOSEPH A. HUSEMAN II, 0000 CRAIG M. DOANE, 0000

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TRIBUTE TO DEBRA GLENN PERSONAL EXPLANATION take this time to honor an extraordinary organization. The Vascular Birthmark Foundation is HON. CHRIS BELL dedicated to changing the lives of those chil- HON. ARTUR DAVIS OF TEXAS dren who were born with vascular birthmarks OF ALABAMA IN THE HOUSE OF REPRESENTATIVES or tumors, such as hemangiomas and port wine stains. IN THE HOUSE OF REPRESENTATIVES Monday, March 1, 2004 Vascular birthmarks occur in approximately Monday, March 1, 2004 Mr. BELL. Mr. Speaker, due to critical offi- 40,000 children born annually. One in 10 chil- cial business in the 25th Congressional District dren is born with a vascular birthmark; and of Mr. DAVIS of Alabama. Mr. Speaker, I rise of Texas I was unable to record my votes these children, one in 100 is born with a birth- today to pay honor and tribute to an out- Thursday, February 26, 2004. Had I been mark that will require the attention of a med- standing member of our community. Mrs. present, I would have voted ‘‘yea’’ on Rollcall ical specialist. Debra Glenn has been a driving force and an Vote No. 30, the Lofgren substitute amend- Such a birthmark can have a huge impact inspiration for the Expanded Food and Nutri- ment to H.R. 1997, and I would have voted on the life of the child and his or her family. tion Program (‘‘EFNP’’) in Alabama for the ‘‘nay’’ on Rollcall Vote No. 31, the final pas- Fortunately, the Vascular Birthmark Founda- past 3 decades. Through Mrs. Glenn’s tireless sage of H.R. 1997. tion exists to lend support and help to those efforts, EFNP has been a mainstay in pro- f affected. viding self-sufficiency and empowerment tools The New York-based Vascular Birthmark TRIBUTE TO IRA RESNICK for individuals actively seeking to break the Foundation promotes public awareness of vas- chains of poverty. Mrs. Glenn, who was in- cular birthmarks, provides educational re- spired herself while attending the program HON. DONALD M. PAYNE sources, funds research projects, and helps growing up in Birmingham’s Housing Projects, OF NEW JERSEY families and individuals receive the information recalls, ‘‘Every week, I learned simple, afford- IN THE HOUSE OF REPRESENTATIVES and support they deserve. able recipes that I’d take home and prepare Monday, March 1, 2004 Mr. Speaker, please join me in recognizing for my mother and brothers.’’ Mrs. Glenn goes May 15, 2004, the National Vascular Birthmark Mr. PAYNE. Mr. Speaker, I rise today to on to say, ‘‘Those classes opened the door to Foundation Awareness Day. recognize a valued member of my district, the a lifetime of self-sufficiency and empower- f late Ira Resnick. The city of Montclair recently ment.’’ Empowered to succeed, Mrs. Glenn experienced the loss of this dedicated public SECOND HALF OF THE SPEECH BY earned her degree in elementary education servant who devoted his professional life to DR. ARCH BARRETT from the University of Alabama at Birmingham. serving his neighbors through community or- Armed with her degree, she became an ad- ganizing. HON. JOHN M. SPRATT, JR. ministrator with the Birmingham VA Medical As the chief operating officer at the Commu- OF SOUTH CAROLINA Center’s Health Care System. nity Foundation of New Jersey, Ira worked to IN THE HOUSE OF REPRESENTATIVES A stalwart in the community, Mrs. Glenn is build the Neighborhood Leadership Initiative actively involved in many community pro- into a year-long, statewide training fellowship Monday, March 1, 2004 grams, including but not limited to Children’s for community leaders. Mr. SPRATT. Mr. Speaker, today I am sub- Hospital Volunteer Program, Chaplain of Heart He has also been involved with the Associa- mitting for the record the second half of the Matters, Inc., Prison Fellowship Ministries, and tion of Community Organizations for Reform graduation address given by Arch Barrett at Big Brothers/Big Sisters. Mrs. Glenn’s fervent Now, the Indiana Citizens Action Coalition, the the Naval Postgraduate School Joint Profes- commitment to championing causes of those Paterson Interfaith Communities Organization, sional Military Education Course in June, less fortunate than her clearly demonstrates the United Passaic Organization, the Jewish 2003. I submitted the other half for the the qualities that have made this country Fund for Justice, the Neighborhood Small RECORD on February 24. I commend Arch’s strong and continues to make her community Grants Network, the Center for Social and speech to all those with an interest in the proud. While sharing her story during a listen- Community Development of the School of So- founding of the Goldwater-Nichols legislation, ing session at the National Association of cial Work at Rutgers University, and the Na- and I am proud to enter it into the RECORD. Family and Consumer Sciences (‘‘NAFCS’’) in tional Housing Institute’s Conference on Fami- REFLECTIONS ON LEADERSHIP IN DEFENSE AND Kansas City, Kansas (October 2002), commu- lies and Civil Society. PROFESSIONAL MILITARY EDUCATION REFORM nity leaders from across the country were My district is fortunate to have citizens such As you well know, White’s retirement did moved by her (Mrs. Jones) unwavering re- as Mr. Resnick, who quietly go about the work not end Congress’s involvement in correcting solve to provide a better life for those popu- of improving the quality of life within our neigh- the problems Jones identified. A large part lations that have been underserved. borhoods, seeking service rather than recogni- of the credit for keeping the issue alive and tion, and accomplishment rather than reward. finally succeeding in enacting fundamental Mrs. Glenn recalls having a strong commu- changes must be credited to the then little- nity driven mentor as she was growing up. My district will long be the beneficiary of his life of hard work and dedication to community known, and very junior, Representative from ‘‘Mrs. Helen Tibbs-Wilson, retired Extension Missouri, Ike Skelton. Agent from Alabama, gave me inspiration and values. I extend my sympathy and prayers to Congressman Skelton was about 50 years educational instruction I needed to be suc- Ira’s wife, Ellen, and to their two sons, Robert old at the time; he was and is, tall and slim, cessful in life. She (Mrs. Wilson) was one of and Caleb; and I thank Ira for his years of and has a studious air. He also has the gift of the catalysts God provided to inspire me.’’ Ac- service. quickly conveying to even the briefest ac- cordingly, Mrs. Glenn continues to give back f quaintances his interest in, and respect for, them as human beings. An avid reader of in the same way. Mrs. Glenn has been an in- HONORING THE VASCULAR military history, Skelton was one of the first dispensable resource for the Alabama Cooper- BIRTHMARK FOUNDATION members of Congress to grasp the signifi- ative Extension System and she will be truly cance of Jones’ criticisms of the existing or- missed. Her commitment, energy and efforts ganization. Although he was not a member will not soon be replaced. HON. JOHN E. SWEENEY of White’s subcommittee, Skelton probably OF NEW YORK attended more of the hearings than any Mr. Speaker, I stand today representing all IN THE HOUSE OF REPRESENTATIVES member except White. He sat on the dais, lis- those whose lives are richer for having known Monday, March 1, 2004 tened to testimony, and patiently waited his Mrs. Glenn, and to recognize her efforts and turn to ask penetrating questions. In 1983, dedication to the community she loves on this Mr. SWEENEY. Mr. Speaker, on behalf of Skelton introduced his own legislation for second day of March, 2004. the House of Representatives, I would like to revamping the Joint Chiefs of Staff. It was

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate jul 14 2003 01:19 Mar 02, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\K01MR8.001 E01PT1 E264 CONGRESSIONAL RECORD — Extensions of Remarks March 1, 2004 based on his conversations with Gen. Max- and Carl Levin, and Representatives Bill that if you are to be satisfied with your life well Taylor. Skelton testified in support of Nichols, Les Aspin, and, of course, Ike Skel- in general, and your performance in the pro- his bill before the Investigations Sub- ton. To a man, these Congressmen possessed fession of arms in particular, you will choose committee. He continued to attend almost strong pro-defense records. All took a stand to assume the burden and reap the rewards of every hearing for the next three years even against the Pentagon and the White House. leadership. though was never a member of the Sub- All were strongly criticized. As leaders, they committee. During mark-ups and floor de- exemplified the traits first demonstrated by f bates he defended the proposed legislation. Jones, White, and Skelton. He played a pivotal role in shaping the final The Goldwater-Nichols Department of De- CONGRATULATIONS TO DAN EGAN outcome. fense Reorganization Act of 1986 rewarded I will tell you what happened as a con- their efforts. The legislation attempts to en- sequence of White, Skelton and Jones’s ef- sure that when America goes to war the serv- forts in a few minutes. ices work together as joint integrated teams HON. BARNEY FRANK First, however, I would like you to ponder of land, sea, and air forces. It strengthened OF MASSACHUSETTS field commanders like Gen. Schwarzkopf in a few questions. IN THE HOUSE OF REPRESENTATIVES Why did Jones and White put so much ef- the Persian Gulf War and Gen. Franks in Af- fort into defense reform when they knew ghanistan and Iraq today. It also stream- Monday, March 1, 2004 nothing could happen in 1982 and that they lined and unified the chain of command to would not be in office after that year? the field commanders, elevated the chairman Mr. FRANK of Massachusetts. Mr. Speaker, Why did White, a former Marine and very above the parochial Joint Chiefs of Staff, and one aspect of my work in Congress of which conservative Democrat who had a solid ensured that talented and qualified service I am most proud is the aid I am able to give record of supporting higher defense budgets officers like you in this audience are as- to credit unions, which perform such an impor- signed to the multi-service staffs. and Pentagon legislative proposals, choose tant economic and social function. One of the to take on the Pentagon in his last nine Representative Skelton was responsible for months as a legislator? It must have taken a a fundamentally important amendment that people who has helped me understand the lot of soul searching for him to reverse gives the Vice Chairman of the Joint Chiefs role of credit unions is Daniel Egan, who plays course and oppose the Pentagon. He could of Staff the powers he enjoys today. He was a leadership role not just in Massachusetts, just as easily have sidestepped the issue and selected as one of the seven conferees on the but through cooperative arrangements with our quietly retired from public service. Goldwater-Nichols Act. He negotiated word- neighboring States of New Hampshire and Why did Skelton, also a strong advocate of ing with Sen. Nunn that gives the unified Rhode Island. the Department of Defense, spend so much commanders some of the extraordinary com- time over a period of more than a decade mand authorities they enjoy today. Finally, Recently, the Neighborhood Reinvestment wrestling with defense organization matters? he headed the Panel on Military Education Corporation, a very important national organi- As a junior Congressman, Skelton had to be that I spoke of earlier that was largely re- zation fighting for economic fairness, passed a concerned with his reelection prospects. De- sponsible for much of the architecture of resolution congratulating Dan Egan in his ca- fense reform probably never garnered one military education today. pacity as president of the New Hampshire vote for any congressman. I would be the last to claim that the Gold- water-Nichols Act has been the sole reason Credit Union League—which he holds in addi- Finally, Why did Jones knowingly incur tion to his Massachusetts work—for his efforts the wrath of the military community that for the turn-around in U.S. military perform- had anointed him with such success? He soon ance since 1986. Nevertheless, it has played a to promote credit union activity. became more vilified by his former col- significant role in the string of successful Mr. Egan very much deserves this recogni- leagues than an American Idol contestant military operations since then including Op- tion and as a tribute both to him and to the im- that Simon decides to ridicule. eration Just Cause in Panama, the Persian portant work of the credit unions of New Eng- The answer to these questions, in my opin- Gulf War, Bosnia, Kosovo, Haiti, Afghani- land, I ask that the resolution from the Neigh- stan, and Iraq. Observing these results, the ion, is that General Jones and Representa- borhood Reinvestment Corporation be printed tives White and Skelton were leaders in the defense establishment long ago reversed best sense of the word. Their behavior re- itself and embraced the principles of joint here. veals four essential characteristics of leader- military command and operations estab- RESOLUTION COMMENDING NEW HAMPSHIRE ship. lished in the Goldwater-Nichols Act. This CREDIT UNIONS AND THE NEW HAMPSHIRE First, Leaders select their goals and stead- record of success is a tremendous pay-off for CREDIT UNION LEAGUE FOR THEIR STATE- fastly pursue them. We followers must hope the efforts of Gen. Jones, Chairman White, WIDE PARTNERSHIP WITH NEIGHBORWORKS that the goals our leaders choose are worthy. and Representative Skelton—not only for ORGANIZATIONS In this case they were. These leaders chose themselves but also for the nation they the harder right rather than the easier served. Whereas, the Neighborhood Reinvestment wrong. This record of success is also a credit to Corporation and its affiliated  Second, Leaders shoulder their responsibil- you in this audience and the entire armed NeighborWorks organizations are devoted ities. Both White and Jones readily accepted forces of the United States. It is a privilege to providing non-profit financial counseling their responsibilities even though they infor me to have a formal opportunity to ex- and affordable housing in more than 2,300 volved personal hardship. Skelton chose to press my gratitude to you. As an older per- communities throughout the United States; assume added responsibilities because he rec- son, I long ago left the ranks of defenders Whereas, New Hampshire Credit Union ognized the need for leadership. and joined those who must be defended. I, for League President Daniel Egan and the Na- Third, Leaders sometimes have to show the one, very much appreciate the sacrifices you tional Credit Union Administration co- way by going first, acting as a guide to oth- are prepared to make for me, and for all of hosted a workshop to encourage credit ers. As you will see, White, Skelton, and your fellow citizens. unions to partner with NeighborWorks or- Jones’s efforts eventually led to a funda- At the beginning of my remarks, I admit- ganizations; mental reordering of the entire Armed ted asking myself why I would choose to Whereas, as a result of that workshop, Forces of the United States. speak about leadership. Having thought leaders of New Hampshire’s 32 credit unions Fourth, Leaders must constantly prepare about my experience observing White, Jones, pledged a total of $35 million to establish a themselves. They must be knowledgeable, and Skelton, I soon realized precisely why I fund, in conjunction with the Neighborhood and be perceived by others as knowledgeable. chose to talk to you on that subject on the Housing Services of Manchester, a Representatives White and Skelton were occasion of your graduation from JOINT pro- NeighborWorks organization, to provide af- unschooled in the defense reorganization fessional military education. I chose to fordable housing, counseling and loan pro- issues. Consequently, they dedicated untold speak about leadership because it would grams; hours to gaining knowledge and under- allow me to remind you graduates, as you re- Whereas, the Home Ownership Loans pro- standing of the issues that confronted them. join your service comrades and assume ever- gram provides a NeighborWorks course on Because White prepared himself, he garnered greater responsibilities, that you have an op- life skills, financial management, and prop- the support of the committee and the House portunity to be genuine leaders—leaders writ erty management for first-time homebuyers of Representatives. Because Skelton pre- large. You have an opportunity to choose to who do not qualify for conventional mort- pared himself, he was able to shape the final attempt to make a difference, as did White, gages; outcome. Skelton, and Jones, to select worthy goals What happened after Jones and White re- and make a dedicated effort to achieve them. Whereas, the Family Emergency Loans tired in 1982? Were they vindicated? Yes. But You will encounter opportunities to shoulder program helps families in need make critical it took four more years of effort. Other legis- responsibilities that you can easily evade, to payments such as home heating bills, and lators saw what White had accomplished and choose the harder right rather than the easi- provides NeighborWorks counseling for considered his efforts ‘‘unfinished business.’’ er wrong. You will face the choice of whether these families to set aside funds that will These leaders included Republican Senators to continue to prepare yourself to the best of protect them from future emergencies; Barry Goldwater, Bill Cohen, and Strom your ability by dint of hard work and study Whereas, the New Hampshire credit Thurmond, Democratic Senators Sam Nunn to be a competent leader. I firmly believe unions’ partnerships with NeighborWorks

VerDate jul 14 2003 01:19 Mar 02, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A01MR8.001 E01PT1 March 1, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E265 organizations serve as a model for other in- ficially commends the credit unions of New homeownership affordable so that more peo- stitutions to partner with NeighborWorks Hampshire and the New Hampshire Credit ple can realize the American dream and lay organizations throughout the United States: Union League for establishing this fund in a foundation to build wealth that they can Now, Therefore, Be It partnership with the NeighborWorks net- pass on to future generations. Resolved, The Board of Directors of the work in New Hampshire and helping to make Neighborhood Reinvestment Corporation of-

VerDate jul 14 2003 01:19 Mar 02, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A01MR8.005 E01PT1 E266 CONGRESSIONAL RECORD — Extensions of Remarks March 1, 2004 SENATE COMMITTEE MEETINGS 10:30 a.m. Appropriations Title IV of Senate Resolution 4, Appropriations Labor, Health and Human Services, and Education Subcommittee agreed to by the Senate on February 4, Defense Subcommittee To hold hearings to examine proposed To hold hearings to examine proposed 1977, calls for establishment of a sys- budget estimates for fiscal year 2005 for budget estimates for fiscal year 2005 for tem for a computerized schedule of all the Department of Defense. the Department of Education. meetings and hearings of Senate com- SD–192 SD–192 mittees, subcommittees, joint commit- Appropriations 10 a.m. tees, and committees of conference. District of Columbia Subcommittee Budget This title requires all such committees To hold hearings to examine proposed Business meeting to markup the concur- to notify the Office of the Senate Daily budget estimates for fiscal year 2005 for rent resolution on the budget for fiscal Digest—designated by the Rules com- the government of the District of Co- year 2005. mittee—of the time, place, and purpose lumbia, focusing on Court Services, Of- SD–608 of the meetings, when scheduled, and fender Supervision Agency, and the Energy and Natural Resources any cancellations or changes in the Public Defender Service. To hold hearings to examine the Energy meetings as they occur. SD–124 Information Administration (EIA) An- As an additional procedure along 2 p.m. nual Energy Outlook 2004 forecast regarding the supply, demand, and price with the computerization of this infor- Armed Services projections for oil, natural gas, nu- SeaPower Subcommittee mation, the Office of the Senate Daily clear, coal and renewable sources, in- To hold hearings to examine future Navy Digest will prepare this information for cluding commercial and market per- and Marine Corps capabilities and re- printing in the Extensions of Remarks spectives on the state of oil and nat- section of the CONGRESSIONAL RECORD quirements in review of the defense au- ural gas markets. on Monday and Wednesday of each thorization request for fiscal year 2005 SD–366 week. and the future years defense program. Health, Education, Labor, and Pensions Meetings scheduled for Tuesday, SR–232A To hold hearings to examine issues for March 2, 2004 may be found in the Daily 2:15 p.m. reauthorization of the higher education Budget Digest of today’s RECORD. act. Business meeting to markup the concur- SD–430 MEETINGS SCHEDULED rent resolution on the budget for fiscal Appropriations year 2005. VA, HUD, and Independent Agencies Sub- MARCH 3 SD–608 committee 9:30 a.m. 2:30 p.m. To hold hearings to examine proposed Commerce, Science, and Transportation Energy and Natural Resources budget estimates for fiscal year 2005 for To hold hearings to examine the impact Public Lands and Forests Subcommittee the Department of Veterans Affairs. of climate change. To hold hearings to examine S. 1420, to SD–628 SR–253 establish terms and conditions for use Veterans’ Affairs Armed Services of certain Federal land by outfitters To hold joint hearings with the House Emerging Threats and Capabilities Sub- and to facilitate public opportunities Committee on Veterans’ Affairs to ex- committee for the recreational use and enjoyment amine the legislative presentations of To hold hearings to examine the role of of such land. the Non-Commissioned Officers Asso- defense science and technology in the SD–366 ciation, the Military Order of the Pur- global war on terrorism and in pre- Commerce, Science, and Transportation ple Heart, the Paralyzed Veterans of paring for emerging threats in review Science, Technology, and Space Sub- America, the Jewish War Veterans, and of the defense authorization request for committee the Blinded Veterans Association. fiscal year 2005. 345 CHOB To hold hearings to examine impact of SR–325 11 a.m. abortion on women. Environment and Public Works Appropriations SR–253 To hold oversight hearings to examine Legislative Branch Subcommittee grants management within the Envi- To hold hearings to examine proposed MARCH 4 ronmental Protection Agency. budget estimates for fiscal year 2005 for SD–406 9:30 a.m. the General Accounting Office, the Finance Armed Services Government Printing Office, and the To hold hearings to examine health in- To hold open and closed hearings to ex- Congressional Budget Office. surance challenges. amine the Defense Authorization Re- SD–116 SD–215 quest for Fiscal Year 2005, focusing on 2 p.m. Foreign Relations military strategy and operational re- Agriculture, Nutrition, and Forestry To hold hearings to examine building quirements (closed in SH–219). Marketing, Inspection, and Product Pro- operational readiness in Foreign Af- SH–216 motion Subcommittee fairs agencies. To hold oversight hearings to examine SH–216 Foreign Relations the development of a national animal 10 a.m. Business meeting to consider S. 2096, to identification plan. Judiciary promote a free press and open media SH–216 Constitution, Civil Rights and Property through the National Endowment for Rights Subcommittee Democracy, S. 2127, to build oper- United States Senate Caucus on Inter- To hold hearings to examine national im- ational readiness in civilian agencies, national Narcotics Control plications of the Massachusetts and an original bill, entitled Foreign To hold hearings to examine the current Goodridge decision and the judicial in- Relations Authorization Act, Fiscal status of federal efforts to coordinate validation of traditional marriage Year 2005, to authorize appropriations and combat money laundering and terrorist financing. laws. for the Department of State and inter- SD–215 SD–226 national broadcasting activities for fis- 2:30 p.m. Appropriations cal year 2005, for the Peace Corps for Energy and Water Development Sub- Commerce, Science, and Transportation fiscal year 2005 through 2007, and for To hold hearings to examine the nomina- committee foreign assistance programs for fiscal To hold hearings to examine proposed tions of Rhonda Keenum, of Mis- year 2005. budget estimates for fiscal year 2005 for sissippi, to be Assistant Secretary of SD–419 the Department of Energy’s Office of Commerce and Director General of the Science, Office of Nuclear Energy, Appropriations United States and Foreign Commercial Science and Technology, and Office of Interior Subcommittee Services, Linda Morrison Combs, of Energy Efficiency and Renewable En- To hold hearings to examine proposed North Carolina, to be an Assistant Sec- ergy. budget estimates for fiscal year 2005 for retary for Budget and Programs and SD–138 the Department of Energy. Chief Financial Officer, Department of Indian Affairs SD–124 Transportation, W. Douglas Buttrey, of To hold oversight hearings to examine Judiciary Tennessee, and Francis Mulvey, of the status of the completion of the Na- Business meeting to consider pending Maryland, both to be a Member of the tional Museum of the American Indian. calendar business. Surface Transportation Board. SR–485 SD–226 SR–253

VerDate jul 14 2003 01:19 Mar 02, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\M01MR8.000 E01PT1 March 1, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E267 Foreign Relations preservation and interpretation of the MARCH 11 East Asian and Pacific Affairs Sub- historic sites of the Manhattan Project 9:30 a.m. committee for potential inclusion in the National Governmental Affairs To hold hearings to examine the state of Park System. To hold hearings to examine sustaining democracy in Hong Kong. SD–366 the 9 million jobs in the $900 billion SD–419 mailing industry relating to postal re- Energy and Natural Resources MARCH 10 form. Energy Subcommittee 9:30 a.m. SD–342 To hold hearings to examine new nuclear 10 a.m. power generation in the United States. Armed Services Emerging Threats and Capabilities Sub- Health, Education, Labor, and Pensions SD–366 Children and Families Subcommittee committee Armed Services To hold hearings to examine child and To hold hearings to examine the defense Personnel Subcommittee family issues. nuclear nonproliferation programs of To hold hearings to examine compensa- SD–430 tion, benefits, and health care for ac- the Department of Energy and the Co- Energy and Natural Resources tive and Reserve military personnel operative Threat Reduction programs To hold hearings to examine S. 2086, to and their families in review of the de- of the Department of Defense in review amend the Surface Mining Control and fense authorization request for fiscal of the defense authorization request for Reclamation Act of 1977 to improve the year 2005. fiscal year 2005; to be followed by reclamation of abandoned mines, and SR–222 closed hearings in SR–232A. S. 2049, to amend the Surface Mining Intelligence SR–222 Control and Reclamation Act of 1977 to To hold closed hearings to examine cer- Foreign Relations reauthorize collection of reclamation tain intelligence matters. To hold hearings to examine non- fees, revise the abandoned mine rec- SH–219 proliferation and arms control issues, lamation program, promote remining, authorize the Office of Surface Mining MARCH 5 focusing on strategic choices. SD–419 to collect the black lung excise tax, 9:30 a.m. Indian Affairs and make sundry other changes. Joint Economic Committee To hold oversight hearings to examine SD–366 To hold joint hearings to examine the proposed reorganization of major agen- 2 p.m. employment situation for February. Armed Services SD–562 cies and functions related to Indian trust reform matters within the De- Airland Subcommittee 10 a.m. To hold hearings to examine Army partment of the Interior. Finance Transformation in review of the de- SR–485 To hold hearings to examine the nomina- fense authorization request for fiscal 10 a.m. tion of Mark B. McClellen, of the Dis- year 2005 and the future years defense trict of Columbia, to be Administrator Health, Education, Labor, and Pensions program. of the Centers for Medicare and Med- Business meeting to consider pending SR–232A icaid Services. calendar business. SD–215 SD–430 MARCH 18 Veterans’ Affairs 10 a.m. MARCH 9 To hold joint hearings with the House Veterans’ Affairs 9:30 a.m. Committee on Veterans’ Affairs to ex- To hold joint hearings with the House Armed Services amine the legislative presentation of Committee on Veterans Affairs to ex- To hold hearings to examine current and the Veterans of Foreign Wars. amine the legislative presentations of future worldwide threats to the na- SH–216 the Air Force Sergeants Association, tional security of the United States; to 11:30 a.m. the Retired Enlisted Association, Gold be followed by a closed session in SH– Energy and Natural Resources Star Wives of America, and the Fleet 219. Business meeting to consider pending Reserve Association. SD–106 calendar business. 345 CHOB Health, Education, Labor, and Pensions SD–366 To hold hearings to examine advantages 2 p.m. MARCH 23 and impediments in relation to a year Armed Services 9:30 a.m. round college calendar. SeaPower Subcommittee Armed Services SD–430 To hold hearings to examine the posture To hold hearings to examine atomic en- 10 a.m. of the U.S. Transportation Command ergy defense activities of the Depart- Governmental Affairs ment of Energy relating to the Defense To hold hearings to examine sustaining in review of the defense authorization Authorization request for fiscal year the 9 million jobs in the $900 billion request for fiscal year 2005 and the fu- 2005. mailing industry relating to postal re- ture years defense program. SD–106 form. SR–232A 10 a.m. SD–342 2:30 p.m. Health, Education, Labor, and Pensions 2:30 p.m. Energy and Natural Resources Substance Abuse and Mental Health Serv- Energy and Natural Resources Public Lands and Forests Subcommittee ices Subcommittee National Parks Subcommittee To hold hearings to examine S. 1354, to To hold hearings to examine mental To hold hearings to examine S. 1306, to resolve certain conveyances and pro- health services. introduce the efforts of the California vide for alternative land selections SD–430 Missions Foundation to restore and re- under the Alaska Native Claims Settle- pair the Spanish colonial and mission- ment Act related to Cape Fox Corpora- MARCH 24 era missions in the State of California tion and Sealaska Corporation, S. 1575 9:30 a.m. and to preserve the artworks and arti- and H.R. 1092, both to direct the Sec- Indian Affairs facts of these missions, H.R. 1521, to retary of Agriculture to sell certain provide for additional lands to be in- To hold hearings to examine S. 1529, to parcels of Federal land in Carson City amend the Indian Gaming Regulatory cluded within the boundary of the and Douglas County, Nevada, S. 1778, to Johnstown Flood National Memorial in Act to include provisions relating to authorize a land conveyance between the State of Pennsylvania, H.R. 1446, to the payment and administration of the United State and the City of Craig, support the efforts of the California gaming fees. Alaska, S. 1819 and H.R. 272, both to di- Missions Foundation to restore and re- SR–485 pair the Spanish colonial and mission- rect the Secretary of Agriculture to era missions in the State of California convey certain land to Lander County, MARCH 25 and to preserve the artworks and arti- Nevada, and the Secretary of the Inte- 9:30 a.m. facts of these missions, S. 1430, to di- rior to convey certain land to Eureka Armed Services rect the Secretary of the Interior to County, Nevada, for continued use as To hold hearings to examine the role of conduct a study of the Baranov Mu- cemeteries, and H.R. 3249, to extend the the U.S. Northern Command and U.S. seum in Kodiak , Alaska, for potential term of the Forest Counties Payments Special Operations Command in de- inclusion in the National Park System, Committee. fending the homeland and in the global and S. 1687, to direct the Secretary of SD–366 war on terrorism, in review of the de- the Interior to conduct a study on the fense authorization request for fiscal

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HIGHLIGHTS See Re´sume´ of Congressional Activity (current year-to-date). Senate bill if the gross negligence or reckless conduct of the Chamber Action person proximately caused death or injury. Routine Proceedings, pages S1901–S1945 Pages S1901–22 Measures Introduced: Five bills were introduced, Warner Amendment No. 2624, to improve pa- as follows: S. 2147–2151. Page S1933 tient access to health care services and provide im- Measures Passed: proved medical care by reducing the excessive burden the liability system places on the health care de- Read Across America Day: Committee on the Ju- livery system. Page S1901 diciary was discharged from further consideration of Lautenberg Amendment No. 2632, to require that S. Res. 306, designating March 2, 2004, as ‘‘Read certain notifications occur whenever a query to the Across America Day’’, and the resolution was then National Instant Criminal Background Check System agreed to. Page S1936 reveals that a person listed in the Violent Gang and Protection of Lawful Commerce In Arms Act: Terrorist Organization File is attempting to purchase Senate resumed consideration of S. 1805, to prohibit a firearm. Page S1901 civil liability actions from being brought or contin- Lautenberg Amendment No. 2633, to exempt ued against manufacturers, distributors, dealers, or lawsuits involving injuries to children from the defi- importers of firearms or ammunition for damages re- nition of qualified civil liability action. Page S1901 sulting from the misuse of their products by others, A unanimous-consent-time agreement was reached taking action on the following amendments proposed providing that on Tuesday, March 2, 2004, the time thereto: Pages S1901–28 from 9:30 a.m. to 11:15 a.m. be equally divided be- Rejected: tween the two leaders or their designees; that the By 28 yeas to 59 nays (Vote No. 23), Bingaman/ time from 11:15 until 11:25 a.m. be under the con- Corzine Amendment No. 2635, to modify the defi- trol of the Democratic Leader or his designee; and nition of reasonably foreseeable. Pages S1922–28 further, that the time from 11:25 a.m. until 11:35 Pending: a.m. be under the control of the Majority Leader or Hatch (for Campbell) Amendment No. 2623, to his designee. Pages S1936–37 amend title 18, United States Code, to exempt A unanimous-consent agreement was reached pro- qualified current and former law enforcement officers viding for further consideration of the bill at 9:30 from State laws prohibiting the carrying of concealed a.m., on Tuesday, March 2, 2004, with certain handguns. Page S1901 amendments to be proposed thereto, and votes to Kennedy Amendment No. 2619, to expand the occur on certain pending amendments, beginning at definition of armor piercing ammunition and to re- 11:35 a.m., followed by a vote on final passage of quire the Attorney General to promulgate standards the bill. Pages S1936–37 for the uniform testing of projectiles against body Messages From the President: Senate received the armor. Page S1901 following message from the President of the United Craig (for Frist/Craig) Amendment No. 2625, to States: regulate the sale and possession of armor piercing Transmitting, pursuant to law, the 2004 National ammunition. Page S1901 Drug Control Strategy; to the Committee on the Ju- Levin Amendment No. 2631, to exempt any civil diciary. (PM–67) Page S1931 action against a person from the provisions of the

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VerDate jul 14 2003 04:00 Mar 02, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D01MR4.REC D01MR4 D136 CONGRESSIONAL RECORD — DAILY DIGEST March 1, 2004 Appointments: marks of the Acting Majority Leader in today’s Harry S Truman Scholarship Foundation Board Record on page S1937.) of Trustees: The Chair, on behalf of the Vice Presi- dent, pursuant to Public Law 93–642, appointed Committee Meetings Senator Baucus to be a member of the Harry S Tru- man Scholarship Foundation Board of Trustees, vice (Committees not listed did not meet) Senator Murray. Page S1936 APPROPRIATIONS: DEPARTMENT OF Nominations Received: Senate received the fol- DEFENSE lowing nominations: Committee on Appropriations: Subcommittee on Defense Ann R. Klee, of Virginia, to be an Assistant Ad- concluded a hearing to examine proposed budget es- ministrator of the Environmental Protection Agency. timates for fiscal year 2005 for the Department of Routine lists in the Air Force, Army. Page S1945 Defense, after receiving testimony from Dov Messages From the House: Page S1931 Zakheim, Under Secretary of Defense, Comptroller; and Lieutenant General James E. Cartwright, Direc- Executive Communications: Pages S1931–33 tor of Force Structure, Resources and Assessment Additional Cosponsors: Pages S1933–35 (J8), The Joint Staff. Statements on Introduced Bills/Resolutions: THRIFT SAVINGS PLAN Page S1935 Committee on Governmental Affairs: Subcommittee on Additional Statements: Page S1930 Financial Management, the Budget, and Inter- Amendments Submitted: Pages S1935–36 national Security concluded an oversight hearing to examine the integrity of federal employee retirement Notices of Hearings/Meetings: Page S1936 savings relating to the thrift savings plan, after re- Authority for Committees to Meet: Page S1936 ceiving testimony from Alan D. Lebowitz, Deputy Assistant Secretary of Labor for Program Operations, Privilege of the Floor: Page S1936 Employee Benefits Security Administration; Andrew Record Votes: One record vote was taken today. M. Saul, Chairman, and Gary A. Amelio, Executive (Total—23) Page S1928 Director, both of the Federal Retirement Thrift In- Adjournment: Senate convened at 12 noon, and ad- vestment Board; James M. Sauber, Chairman, Em- journed at 7:21 p.m., until 9:30 a.m., on Tuesday, ployee Thrift Advisory Council; and Blake R. Gross- March 2, 2004. (For Senate’s program, see the re- man, Barclays Global Investors, San Francisco, Cali- fornia.

VerDate jul 14 2003 04:00 Mar 02, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D01MR4.REC D01MR4 March 1, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D137 House of Representatives Office of the Associate Administrator for Commer- Chamber Action cial Space Transportation. Page H705 Measures Introduced: 2 public bills, H.R. 3866; Senate Message: Message received from the Senate 3867, were introduced. Pages H706–07 today appears on page H703. Additional Cosponsors: Page H707 Senate Referral: S. Con. Res. 94 was held at the Reports Filed: Reports were filed today as follows: desk. Filed on February 27, H. Res. 499, requesting the Quorum Calls—Votes: There were no votes or President and directing the Secretary of State, the quorum calls. Secretary of Defense, and the Attorney General to transmit to the House of Representatives not later Adjournment: The House met at 12 noon and ad- than 14 days after the date of the adoption of this journed at 12:05 p.m. resolution documents in the possession of the Presi- dent and those officials relating to the disclosure of the identity and employment of Ms. Valerie Plame, Committee Meetings amended (H. Rept. 108–413, Pt. 2); No committee meetings were held. Filed on February 27, H. Res. 499, requesting the f President and directing the Secretary of State, the Secretary of Defense, and the Attorney General to NEW PUBLIC LAWS transmit to the House of Representatives not later (For last listing of Public Laws, see DAILY DIGEST, p. D118) than 14 days after the date of the adoption of this H.R. 3850, to provide an extension of highway, resolution documents in the possession of the Presi- highway safety, motor carrier safety, transit, and dent and those officials relating to the disclosure of other programs funded out of the Highway Trust the identity and employment of Ms. Valerie Plame, Fund pending enactment of a law reauthorizing the amended (H. Rept. 108–413, Pt. 3); Transportation Equity Act for the 21st Century. Filed on February 27, H. Res. 499, requesting the Signed on February 29, 2004. (Public Law President and directing the Secretary of State, the 108–202). Secretary of Defense, and the Attorney General to f transmit to the House of Representatives not later than 14 days after the date of the adoption of this COMMITTEE MEETINGS FOR TUESDAY, resolution documents in the possession of the Presi- MARCH 2, 2004 dent and those officials relating to the disclosure of the identity and employment of Ms. Valerie Plame, (Committee meetings are open unless otherwise indicated) amended (H. Rept. 108–413, Pt. 4); Senate H.R. 3752, to promote the development of the Committee on Appropriations: Subcommittee on Com- emerging commercial human space flight industry, merce, Justice, State, and the Judiciary, to hold hearings to extend the liability indemnification regime for the to examine proposed budget estimates for fiscal year 2005 commercial space transportation industry, to author- for the Department of Commerce, 10 a.m., SD–192. ize appropriations for the Office of the Associate Ad- Subcommittee on Homeland Security, to hold hearings ministrator for Commercial Space Transportation (H. to examine proposed budget estimates for fiscal year 2005 Rept. 108–429). Page H706 for science and technology programs, information analysis, and infrastructure protection, 10 a.m., SD–124. Speaker Pro Tempore: Read a letter from the Committee on Armed Services: to hold hearings to examine Speaker wherein he appointed Representative Thorn- the defense authorization request for fiscal year 2005 and berry to act as Speaker pro tempore for today. the future years defense program, 9:30 a.m., SH–216. Page H703 Subcommittee on Personnel, to hold hearings to exam- Late Report—Committee on Science: Agreed that ine active component, Reserve component and civilian personnel programs, in review of the defense authoriza- the Committee on Science have until midnight on tion request for fiscal year 2005, 2:30 p.m., SR–232A. March 1 to file a report on H.R. 3752, to promote Committee on Banking, Housing, and Urban Affairs: to re- the development of the emerging commercial human sume hearings to examine current investigations and reg- space flight industry, to extend the liability indem- ulatory actions regarding the mutual fund industry, fo- nification regime for the commercial space transpor- cusing on fund operations and governance, 10 a.m., tation industry, to authorize appropriations for the SD–538.

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Committee on Commerce, Science, and Transportation: Sub- Capital Asset Realignment for Enhanced Services committee on Competition, Foreign Commerce, and In- (CARES) Commission, 2:15 p.m., SR–418. frastructure, to hold hearings to examine the rise of obe- Select Committee on Intelligence: closed business meeting sity in children, 2:30 p.m., SR–253. to consider pending intelligence matters, 2:30 p.m., Committee on Energy and Natural Resources: to hold hear- SH–219. ings to examine the President’s proposed fiscal year 2005 House budget for the Forest Service, 10 a.m., SD–366. Committee on Foreign Relations: to hold oversight hear- Committee on Government Reform, Subcommittee on ings to examine certain foreign assistance programs, 9 Criminal Justice, Drug Policy and Human Resources, a.m., SD–419. hearing entitled ‘‘Andean Counterdrug Initiative,’’ 3 Full Committee, to hold hearings to examine North p.m., 2203 Rayburn. Korea’s nuclear situation, 3 p.m., SH–216. Committee on the Judiciary, Subcommittee on Constitu- Committee on Health, Education, Labor, and Pensions: Sub- tion, oversight hearing on the Civil Rights Division of committee on Substance Abuse and Mental Health Serv- the U.S. Department of Justice, 1 p.m., 2141 Rayburn. ices, to hold hearings to examine suicide prevention and Committee on Rules, to consider the following: H.R. youth, 10 a.m., SD–430. 3752, Commercial Space Launch Amendments Act of Committee on Veterans’ Affairs: to hold hearings to exam- 2004; and H.R. 1561, United States Patent and Trade- mark Fee Modernization Act of 2003, 5:30 p.m., H–313 ine the final report of the Department of Veterans Affairs’ Capitol.

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Re´sume´ of Congressional Activity

SECOND SESSION OF THE ONE HUNDRED EIGHTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 20 through February 29, 2004 January 20 through February 29, 2004

Senate House Total Civilian nominations, totaling 264, (including 195 nominations car- Days in session ...... 22 14 . . ried over from the First Session), disposed of as follows: Time in session ...... 150 hrs., 2′ 70 hrs., 49′ .. Confirmed ...... 24 Congressional Record: Unconfirmed ...... 234 Pages of proceedings ...... 1899 701 . . Withdrawn ...... 5 Extensions of Remarks ...... 262 . . Returned to White House ...... 1 Public bills enacted into law ...... 1 3 4 Private bills enacted into law ...... Other Civilian nominations, totaling 783 (including 5 nominations Bills in conference ...... 8 . . carried over from the First Session), disposed of as follows: Measures passed, total ...... 32 50 82 Unconfirmed ...... 783 Senate bills ...... 5 4 . . House bills ...... 2 11 . . Air Force nominations, totaling 5,194 (including 3,572 nominations Senate joint resolutions ...... carried over from the First Session), disposed of as follows: House joint resolutions ...... 1 . . Confirmed ...... 4,594 Senate concurrent resolutions ...... 3 . . . . Unconfirmed ...... 600 House concurrent resolutions ...... 8 9 . . Army nominations, totaling 1,333 (including 594 nominations carried Simple resolutions ...... 14 25 . . over from the First Session), disposed of as follows: Measures reported, total ...... *6 *22 28 Senate bills ...... 6 . . . . Confirmed ...... 297 House bills ...... 12 . . Unconfirmed ...... 1,036 Senate joint resolutions ...... Navy nominations, totaling 2,515 (including 2,444 nominations car- House joint resolutions ...... ried over from the First Session), disposed of as follows: Senate concurrent resolutions ...... Confirmed ...... 2,485 House concurrent resolutions ...... 1 . . Unconfirmed ...... 30 Simple resolutions ...... 9 . . Special reports ...... 1 . . Marine Corps nominations, totaling 1,155 (including 2 nominations Conference reports ...... carried over from the First Session), disposed of as follows: Measures pending on calendar ...... 159 90 . . Confirmed ...... 60 Measures introduced, total ...... 175 257 432 Unconfirmed ...... 1,095 Bills ...... 142 165 . . Joint resolutions ...... 2 5 . . Summary Concurrent resolutions ...... 8 27 . . Simple resolutions ...... 23 60 . . Total nominations carried over from the First Session ...... 6,812 Quorum calls ...... 1 . . Total Nominations Received this Session: ...... 4,432 Yea-and-nay votes ...... 22 23 . . Total confirmed ...... 7,460 Recorded votes ...... 27 . . Total unconfirmed ...... 3,778 Bills vetoed ...... Total withdrawn ...... 5 Vetoes overridden ...... Total Returned to the White House ...... 1

* These figures include all measures reported, even if there was no accompanying report. A total of 7 reports have been filed in the Senate, a total of 23 reports have been filed in the House.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Tuesday, March 2 2 p.m., Tuesday, March 2

Senate Chamber House Chamber Program for Tuesday: Senate will continue consider- Program for Tuesday: Consideration of Suspensions: ation of S. 1805, Protection of Lawful Commerce in Arms (1) H. Res. 439, Honoring the life and career of the Act, with votes to occur on or in relation to certain pend- late Willie Shoemaker; ing amendments, beginning at 11:35 a.m., followed by (2) H.R. 3769, Ben Atchley Post Office Building Des- a vote to occur on final passage of the bill. ignation Act; (Senate will recess from 12:30 p.m. until 2:15 p.m. for their (3) H. Res. 530, urging the appropriate representative respective party conferences.) of the United States to the 60th session of the United Nations Commission on Human Rights to introduce a resolution calling upon the Government of the People’s Republic of China to end its human rights violations in China; and (4) H. Res. 526, expressing the sympathy of the House of Representatives for the victims of the devastating earthquake that occurred on December 26, 2003, in Bam, Iran.

Extensions of Remarks, as inserted in this issue

HOUSE

Bell, Chris, Tex., E263 Davis, Artur, Ala., E263 Frank, Barney, Mass., E264 Payne, Donald M., N.J., E263 Spratt, John M., Jr., S.C., E263 Sweeney, John E., N.Y., E263

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