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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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