[Congressional Record Volume 141, Number 143 (Thursday, September 14, 1995)]
[Senate]
[Pages S13620-S13623]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. INOUYE:
  S. 1240. A bill to provide for a special application of section 1034 
of the Internal Revenue Code of 1986; to the Committee on Finance.


                    special application legislation

 Mr. INOUYE. Mr. President, I ask unanimous consent that the 
text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1240

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That, in 
     the case of Rita Bennington--
       (1) who purchased her new principal residence (within the 
     meaning of section 1034 of the Internal Revenue Code of 1986) 
     in January 1992, and
       (2) who was unable to meet the requirements of such section 
     with respect to the sale of an old principal residence until 
     May 1994, because of unexpected delays caused by Hurricane 
     Iniki, the Secretary of the Treasury, in the administration 
     of section 1034 of the Internal Revenue Code of 1986, shall 
     apply subsection (a) of such section by substituting ``2.5 
     years'' for ``2 years'' each place it appears.
                                 ______

      By Mr. EXON:
  S. 1241. A bill entitled the ``Public Broadcasting Financial 
Independence and Family Viewing Act of 1995''; to the Committee on 
Commerce, Science, and Transportation.


 THE PUBLIC BROADCASTING FINANCIAL INDEPENDENCE AND FAMILY VIEWING ACT 
                                OF 1995

 Mr. EXON. Mr. President, as Governor and Senator, I have been 
a long time supporter of public broadcasting. In Nebraska, public 
broadcasting leads the way in innovative programming, distance 
learning, and educational opportunity. That dedication to excellence, 
to children and to families has made Nebraska Public Television an 
island of decency, sanity, and enrichment in the
 sea of violence, sex, and immorality which is commercial television.
  I am pleased to introduce legislation titled the Public Broadcasting 
Financial Independence and Family Viewing Act.
  Opponents of public broadcasting have sparked a debate about the 
future on this national treasure. That debate has been healthy and 
ironically could lead to the salvation of public broadcasting. As a 
member of both the Senate Commerce Committee, and the 

[[Page S 13621]]
Senate Budget Committee, I foresee a budgetary situation which 
threatens the very existence of public radio and television regardless 
of who controls the House or the Senate. The reforms proposed in this 
legislation would give public broadcasters the tools for survival.
  As a strong supporter of public broadcasting, I have repeatedly 
expressed several troubling concerns about recent public broadcasting 
programs and policies. This legislation is also meant to refocus the 
mission of PBS and CPB on family-friendly, entertainment, educational, 
cultural, and informational programming.
  I simply can not defend standards and practices which permit displays 
of nudity and use of language in CPB-funded dramatic programming which 
would not be permitted on commercial broadcast television. Public 
broadcasting can tackle controversial subjects but it should be done in 
a manner which is not offensive.
  Public broadcasting comes into the homes of American families thanks 
in part to the tax dollars of those families and thanks to the radio 
spectrum owned by the people. It is not too much to ask that 
programming be presented in a manner which is appropriate for a home 
with children.
  In this regard, I must give the Nebraska Educational Television 
network credit for showing great sensitivity to Nebraska families. Last 
year NETV only aired the edited version of the controversial program 
``tales of the city'' and decided not to broadcast some of the 
programming offered by PBS and other sources which push the envelope of 
taste and propriety.
  On a national level, I strongly believe that the CPB and PBS should 
show the same sensitivity to taxpayers and viewers. It is not 
censorship to ask
 that American tax dollars be spent in a manner that is consistent with 
American values.

  On the financial side, the Corporation for Public Broadcasting should 
more aggressively pursue and share in the spinoff profits generated by 
products related to CPB funded programming. It is tragic that public 
broadcasting has made millions of dollars for others but must battle 
each year for modest appropriations.
  In addition, under this legislation public broadcasters would be 
given spectrum and schedule flexibility as well as new channel 
placement options which could generate additional nontax revenues. 
These measures hold long-term promise toward the goal of making public 
broadcasting more financially independent.
  Mr. President, never before has the need for quality television been 
more critical. Public broadcasting has a long tradition of meeting that 
need for quality. I believe that we can reinvent public broadcasting. 
As a supporter of public broadcasting, I am prepared to consider any 
creative idea to lessen taxpayer burdens in this area. My one bottom 
line; my one nonnegotiable item is that public boardcasting remain 
public. It should not be privatized or dismantled and sold to the 
highest bidder. It is a national treasure which must remain in the 
public domain.
  Mr. President, I introduce this legislation and extend a hand of 
friendship and cooperation to Members on both sides of the aisle. 
Public broadcasting is an institution which means a great deal to the 
people of Nebraska, and the Nation, and we must find ways to help it 
meet the challenge of survival in a very difficult fiscal climate.
  Thank you Mr. President.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:
                                S. 1241

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be referred to as ``The Public Broadcasting 
     Financial Independence and Family Viewing Act of 1995''.

     SEC. 2. FAMILY VIEWING.

       Section 396(g)(1)(A) of Title 47 is amended by inserting 
     between the words ``which'' and ``are'' the following new 
     language ``are suitable for family viewing throughout the 
     broadcast day and which''.

     SEC. 3. USE OF FEDERAL FUNDS.

       A new Section 396(k)(1)(F) to Title 47 is added as follows:
       ``(F) No federal funds shall be used to broadcast any 
     program which is indecent or to broadcast any dramatic 
     program which includes nudity.''

     SEC. 4. PUBLIC INTEREST.

       Section 396(a) of Title 47 is amended by adding the 
     following new subsection:
       ``(11) It is in the public interest that public 
     broadcasting provide educational, cultural, information and 
     entertaining programming which is suitable for family 
     viewing.''

     SEC. 5. SPECTRUM FLEXIBILITY.

       The Commission shall adopt regulations which would allow 
     public broadcast license holders to make use of their 
     broadcast spectrum for the transmission of ancillary and 
     supplementary services, so long as the licensees provide 
     without charge at least one schedule of public broadcast 
     programming. In permitting such use, the Commission shall 
     assure through regulation or license terms that:
       (a) the proceeds, if any from such ancillary and 
     supplementary use go to the exclusive benefit of public 
     broadcasting;
       (b) public broadcast licensees do not lessen their existing 
     commitment or level of effort to public broadcasting; and
       (c) to the extent such spectrum is used for a purpose other 
     than public broadcasting, fees charged for such use shall be 
     at market rates.

     SEC. 6. SCHEDULE FLEXIBILITY.

       The Commission shall adopt regulations which would allow 
     public broadcast license holders to utilize their broadcast 
     schedule between the hours of 1 AM and 6 AM to provide on a 
     leased basis non-public broadcast programming for a fee or 
     for public broadcast license holders to provide commercially 
     sponsored programming provided that:
       (a) the proceeds, from such use go to the exclusive
        benefit of public broadcasting;
       (b) public interest licensees do not lessen their existing 
     commitment or level of effort to public broadcasting; and
       (c) to the extent such use is for a purpose other than 
     public broadcasting, fees charged for such use shall be at 
     market rates.

     SEC. 7. ENHANCED UNDERWRITING.

       (a) Section 399(a) of Title 47 is amended:
       (1) by striking the word ``exclusive'' in subsection (a); 
     and
       (2) by inserting before the period (.): ``through a call to 
     action, an inducement to buy, sell, rent, or lease, or the 
     provision of price information''.
       (b) Section 399B(a) of Title 47 is amended:
       (1) by inserting: ``through a call to action inducement to 
     buy, sell, rent, or lease or the provision of price 
     information'' after the word ``promote.'' and
       (2) by inserting: ``when such offering is other than an 
     educational or cultural event sponsored in part by a 
     qualified public broadcasting station, or producer or 
     distributor of programming for public broadcast stations'' 
     after the word ``profit''.

     SEC. 8. SATELLITE, COMMON CARRIER AND OTHER FORMS OF PROGRAM 
                   DISTRIBUTION.

       Public Broadcasting programming may be distributed to 
     viewers by means of satellite, common carrier, or other form 
     of telecommunications technology for a fee provided that the 
     proceeds from such distribution go to the exclusive benefit 
     of public broadcasting.

     SEC. 9. FREQUENCY EXCHANGE.

       The Commission may approve an exchange of frequencies 
     between a public broadcaster and a commercial broadcaster, 
     when the proceeds from such exchange are dedicated to the 
     benefit of the national public broadcasting system.

     SEC. 10. ANCILLARY INCOME.

       The Board of Directors of the Corporation for Public 
     Broadcasting, and The Public Broadcasting System shall ensure 
     that to the greatest extent possible agreements for 
     programming include a provision to assure that public 
     broadcasting share in benefits from the sale of any ancillary 
     products, books, recording, toys, character licensing or 
     other products related to the broadcast of such programming.

     SEC. 11. GAO REVIEW.

       The General Accounting Office shall conduct a review of the 
     operations of the Corporation of Public Broadcasting, the 
     Public Broadcasting System, Public Broadcasters and their 
     program and other contractors. These entities shall make 
     their records and accounts available to the General 
     Accounting Office for review. The General Accounting Office 
     shall protect proprietary information. Within one year of the 
     date of enactment of this Act, the General Accounting Office 
     shall report to the Congress its recommendations for 
     improving the efficiency, and self-sufficiency of public 
     broadcasting.

     SEC. 12. FEASIBILITY OF MERGER WITH INTERNATIONAL 
                   BROADCASTING.

       The General Accounting Office shall conduct a feasibility 
     study of merging or coordinating public broadcasting 
     operations and facilities or portions of operations and 
     facilities with the international broadcasting operations of 
     the United States government.

     SEC. 13. EDUCATIONAL RATES.

       Public broadcast licensees shall qualify for interstate and 
     intrastate educational telecommunications service rates to 
     the extent such rates are available and to the extent such 
     telecommunications services are used for the purpose of 
     providing public broadcasting.
                                 ______

      By Mr. BRADLEY:
  S. 1242. A bill to authorize the National Institute of Justice to 
provide technical assistance to State and local 

[[Page S 13622]]
law enforcement entities, and for other purposes; to the Committee on 
the Judiciary.


  the national institute of justice technology assistance act of 1995

 Mr. BRADLEY. Mr. President, to empower citizens to take back 
their streets from criminals, it is vitally important that the Federal 
Government work in partnership with States and localities to deploy 
additional officers in communities around the country. However, Mr. 
President, equally critical to the success of State and local police 
forces in protecting American citizens is the commitment of the Federal 
Government to serve as a partner to ensure that State and municipal 
police officers have access to advanced technology and equipment to 
effectively fight crime.
  Mr. President, the Department of Justice's National Institute of 
Justice [NIJ] provides this critical link between the Federal 
Government and local law enforcement agencies across the country. The 
mission of NIJ's Office of Science and Technology is to assist law 
enforcement, particularly on the State and local level, with upgrading 
their technological infrastructure. This involves the following 
functions: First, providing information on products and technologies; 
second, developing standards; third, testing and evaluating 
technologies and equipment; and fourth, research and development.
  Because of the critical mission of NIJ, the legislation that I am 
introducing today seeks an appropriation of an increase of $10 million 
each for fiscal year 1996 and fiscal year 1997 to enable NIJ to 
continue and expand the work that it is doing to enhance the 
effectiveness of State and local police departments.
  Mr. President, research and development conducted by NIJ is a 
valuable resource for State and local law enforcement agencies that are 
often confronted by criminals who have access to the most advanced 
commercial technologies. The invention of soft body armor was developed 
out of a NIJ project. Since 1975, when NIJ first conducted field tests 
in 15 cities across the country, bulletproof vests have saved the lives 
of thousands of officers. NIJ is also responsible for significant 
advances in the field of forensic science. For example, NIJ brought DNA 
identification to the United States and developed new fingerprinting 
techniques which permits officers to lift fingerprints on major 
fixtures in the field, without removing the fixture.
  NIJ is currently developing products that will make police work safer 
and more efficient. For example, Mr. President, NIJ has developed a 
prototype rear airbag to use to control suspects in the back of a squad 
car with minimal disruption. NIJ has also developed a prototype 
retractable barrier strip to enable police to safely stop a fleeing 
vehicle, thereby minimizing the need for dangerous high speed chases 
which often result in injuries to police officers or innocent 
bystanders.
  Mr. President, many local police departments receive no assistance in 
identifying technology and purchasing equipment. They operate as solo 
actors. For example, a local police department recently spent 8 months 
conducting market research before purchasing motorcycle helmets. To 
address this problem, NIJ has established the technology information 
network--a combination of a law enforcement internet and consumers 
report--to afford police departments around the country access to 
timely and objective information on new products, technologies, and 
systems. Moreover, NIJ has held and participated in a series of 
successful conferences and town meetings to initiate dialog between law 
enforcement, the Federal technology community, and the private sector, 
and is establishing purchasing consortiums to allow local police 
departments to obtain the best prices for technical products and 
equipment.
  Mr. President, because the overwhelming majority of police work in 
America is conducted by State and local law enforcement, and only 13 
percent of the crime fighting resources are controlled by the Federal 
Government, the answer to violence lies closer to home than to 
Washington, DC. With the establishment last year of NIJ's National Law 
Enforcement Technology Center, the agency has become the model for the 
decentralized relationship that exists between the Federal Government 
and State and local law enforcement.
  The National Law Enforcement Technology Center consists of seven 
regional research centers throughout the country. This virtual national 
center serves as a focal point for law enforcement research and 
development and information dissemination. The regional centers are 
centers of excellence for respective technologies and act as regional 
interfaces for State and local law enforcement agencies. This 
decentralized structure brings NIJ's work into the field, thereby 
fostering a closer working relationship with State and local law 
enforcement. For example, the agency has established test bed programs 
to field test new equipment in local police departments.
  Mr. President, the legislation that I am introducing today seeks an 
appropriation of an increase of $10 million each for fiscal year 1996 
and fiscal year 1997 to enable NIJ to continue and expand the critical 
work that it is doing to assist State and local police departments. The 
legislation specifically authorizes funding to
 provide NIJ with the resources that it needs to identify, develop, and 
purchase new technologies to provide a safer environment for police 
officers and more effectively curb crime.

  Mr. President, I have advocated a tough, comprehensive, approach to 
battling the menace of crime that has proliferated in our cities and 
towns. In authoring the Handgun Control and Violence Prevention Act, I 
have worked for a commonsense approach to stem the flow of illegal 
weapons that flood our streets and cause mass carnage. In proposing the 
Cop Killer Bullet Ban Act. I have sought to halt the manufacture and 
distribution of ammunition that is designed to kill those who are sworn 
to protect our communities.
  Mr. President, my approach to combating crime has also been a 
community-oriented approach, whereby the Federal Government and local 
communities act in tandem to uproot and eliminate the problem. Last 
year, this body passed the omnibus crime law, which included the 
community policing initiative, an $8.9 billion program designed to put 
100,000 law enforcement officers on the streets. I provided a jumpstart 
for the community policing initiative in the omnibus crime legislation 
when I introduced a bill in March 1993 that authorized a major new 
expansion of community policing. In addition, I authored the community 
schools provision in the omnibus crime law, which provides for public 
school buildings to remain open for youth programs after school hours, 
on weekends, and over summers. Moreover, this year, I have introduced 
legislation providing for community response teams, composed of 
community volunteers, to assist victims of domestic violence.
  Mr. President, the work that NIJ is performing to enable police 
departments to more efficiently battle crime is consistent with my 
philosophy that together the Federal Government and local communities 
can share resources and crime fighting expertise to make our 
neighborhoods safer. The work performed by NIJ is invaluable. For 
example, NIJ has expanded its work in developing standards for law 
enforcement equipment, which will eliminate the risk of officers 
receiving substandard equipment. NIJ has also established a liability 
panel to assist law enforcement in using new technologies with a 
minimum of legal risk. The expansion of this work will only serve to 
strengthen police departments around the country as we continue to 
fight against crime.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Institute of 
     Justice Technology Assistance Act of 1995''.

     SEC. 2. TECHNOLOGY ASSISTANCE.

       Section 202 of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (42 U.S.C. 3722) is amended by adding at the end 
     the following new subsection:
       ``(e) Technology Assistance.--
       ``(1) In general.--The Director shall provide assistance to 
     State and local government law enforcement entities to 
     identify, 

[[Page S 13623]]
     select, develop, modernize, and purchase new technologies to provide a 
     safer environment for police officers and to more efficiently 
     and effectively fight crime.
       ``(2) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection--
       ``(A) $10,000,000 for fiscal year 1996, which shall be in 
     addition to the amounts authorized and appropriated to the 
     National Institute for Justice for such fiscal year 1996 on 
     the date of enactment of the National Institute of Justice 
     Technology Assistance Act of 1995; and
       ``(B) $10,000,000 for fiscal year 1997, which shall be in 
     addition to amounts otherwise authorized for the National 
     Institute of Justice.''.
     

                          ____________________