[Congressional Record Volume 142, Number 45 (Thursday, March 28, 1996)]
[Senate]
[Pages S3157-S3160]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. KERREY (for himself, Mr. Dole, Mr. Exon, and Mrs.
Kassebaum):
S. 1649. A bill to extend contracts between the Bureau of Reclamation
and irrigation districts in Kansas and Nebraska, and for other
purposes; to the Committee on Energy and Natural Resources.
the irrigation project contract extension act of 1996
Mr. KERREY. Mr. President, I introduce legislation to extend
the water service contracts for irrigation projects in Nebraska and
Kansas.
Mr. President, a little over 50 years ago, Congress authorized
construction of a set of water management projects as a part of the
Flood Control Act of 1944. These projects were designed to provide
control, conservation, and use of water resources throughout the
Missouri River basin. Known as the Pick-Sloan Missouri Basin Program,
the system has provided flood control, power generation and irrigation
to over 3.7 million acres, as well as stream pollution abatement,
sediment control, water supplies for cities and industry, enhancement
of fish and wildlife, and recreation opportunities.
Each of the projects had 40-year water service contracts for
irrigation with the Bureau of Reclamation, in the Department of the
Interior. These contracts are beginning to expire. In fact, three of
those 40-year contracts will expire on December 31 of this year. Though
the procedures for contract renewal were not spelled out, it is clear
that contract renewal was considered when the original agreements were
made. It is also clear that an immediate extension of the service
contracts is necessary. Extending these contracts will give the Bureau
of Reclamation the necessary time to complete the contract renewal
process as well as provide us time to collect input to fully evaluate
our options and maximize the benefits of the best option.
The legislation I introduce today is straight-forward and simple: It
would extend each of 10 water service contracts upon expiration for a
period of 4 years. The terms of each contract would be the same as
those originally negotiated.
I am glad to be able to say that this legislation has the full and
bipartisan support of each Senator from both of the affected States,
Nebraska and Kansas. It has been a real pleasure to work with each of
my cosponsors on an issue where we found such clear and easy agreement,
both about what needed to be done and how to get there. So, on behalf
of myself, the majority leader, Bob Dole, my friend and fellow
Nebraskan Jim Exon, Nancy Kassebaum, and the thousands of Nebraskans,
Kansans, and visitors who benefit from these projects, I introduce the
Irrigation Project Contract Extension Act of 1996.
______
By Mr. HARKIN (for himself, Mr. Kerry, Mr. Simon, Mr. Leahy, Ms.
Mikulski, and Mr. Inouye):
S. 1650. A bill to amend the Fair Labor Standards Act of 1938 to
prohibit discrimination in the payment of wages on account of sex,
race, or national origin, and for other purposes; to the Committee on
Labor and Human Resources.
THE FAIR PAY ACT OF 1996
Mr. HARKIN. Mr. President, the Equal Pay Act, passed in 1963,
made it illegal to discriminate against women when determining pay
levels for the same job. Since then, we have made some progress in
reducing employment discrimination against women. But we cannot have
equality of opportunity in the workplace without equality and fairness
in wages and salary. Even though many women have moved up and out of
traditionally female jobs, stereotypes and historical discrimination
remain firmly imbedded in pay scales.
Current law has not done enough to combat wage discrimination when
employers routinely pay lower wages to jobs that are dominated by
women. That is why I am introducing the Fair Pay Act of 1996. The Fair
Pay Act is designed to pick up where the Equal Pay Act left off by
paying women equally for equivalent work.
The heart of the Fair Pay Act will make it illegal to discriminate
against employees on the basis of sex, race, and national origin by
requiring equal pay for work in jobs that are comparable in skill,
effort, responsibility, and working conditions. Women and minorities
make up 57 percent of the workforce and their salaries are an essential
component of family income. It is a fundamental issue of fairness to
provide equal pay for work that is of equal value to an employer.
Wage gaps can result from differences in education, experience, or
time in the workforce and the Fair Pay Act does not interfere with
that. But, just as there is a glass ceiling in the American workplace,
there is also what I call a glass wall--where women are on the exact
same level as their male coworkers. They have the same skills, they
have the same type of responsibilities, but they are still obstructed
from receiving the same pay. It is a hidden barrier, but a barrier all
the same. And it is keeping out equality, opportunity, and above all
fairness. The Fair Pay Act is about knocking down the glass wall.
To illustrate, consider a study done in the county of Los Angeles
that compared the job requirements and salaries of children's social
service workers who were mostly women and probation officers who were
mostly men. The two jobs required the same skills and education, and
the working conditions were similar. However, the social service
workers were paid an average of $35,000 a year while the probation
officers were paid an average of $55,000 a year--a $20,000 difference
in salary.
Over a lifetime, that kind of wage gap adds up. The average woman
loses $420,000 over a lifetime due to unequal pay practices. Such gaps
in income are life changing: it can mean the difference between welfare
and self-sufficiency, owning a home or renting, sending your kids to
college or to flip burgers, or having a decent retirement instead of an
uncertain old age.
The Fair Pay Act is a commonsense business issue. Women and
minorities make up over half of the work force and fair pay is
essential to attract and keep good workers.
The Fair Pay Act is an economic issue. Working women, after all,
don't get special discounts when they buy milk. They can't get a
special rate buying clothes for their kids. Bread and gasoline don't
cost less for working women than working men. And women and minorities
are certainly taxed at the same rate as men are, yet they don't get any
break when April 15 rolls around.
The Fair Pay Act is a family issue. Family budgets are getting
squeezed by the day. When women are discriminated against in their pay,
they aren't the only ones who lose. When women aren't paid what they're
worth, husbands and children get cheated too.
Now, I've heard the critics. Some say there is no discrimination in
the workplace. It's just the natural economic forces paying workers
their fair share.
Others say that this is a decision that should be left to the private
sector alone. If the private sector wants to discriminate, they say,
that should be their right. Well, we as a society have said
discrimination in any form should not be tolerated and that's what this
bill is about.
There is perhaps no other form of discrimination that has as direct
an impact on the day-to-day lives of workers as economic
discrimination. The Equal Pay Act was designed to end that. And it has
helped. But we need to go further to address economic discrimination
for equivalent work.
And most importantly, the American people want fair pay legislation.
The Fair Pay Act has already been endorsed by a wide variety of groups
and organizations. In addition, polling data consistently show that
over 70 percent of the American people support a law requiring the same
pay for men and women in jobs requiring similar skills
[[Page S3158]]
and responsibilities. Please join me in supporting the Fair Pay Act of
1996. I welcome your ideas and suggestions.
Mr. President, I ask unanimous consent that additional material be
printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
We Support the Fair Pay Act
A. Philip Randolph Institute.
Adams National Bank.
AFL-CIO.
AFSCME.
American Association of Retired Persons.
American Association of University Women.
American Civil Liberties Union.
American Federation of Government Employees.
American Library Association.
American Nurses Association.
American Physical Therapy Association.
Americans for Democratic Action.
Bakery, Confectionery, Tobacco Workers International Union.
B'nai B'rith Women.
Business and Professional Women/USA.
Center for the Advancement of Public Policy.
Coal Employment Project.
Coalition of Black Trade Unionists.
Coalition of Labor Union Women.
Dulles Area NOW.
Episcopal Church Center, Women in Mission & Ministry.
Equal Rights Advocates.
Federally Employed Women.
Federation of Organizations for Professional Women (FOPW).
Financial Women International Fund for the Feminist
Majority.
General Federation of Women's Clubs.
Industrial Union Department, AFL-CIO.
Institute for Research on Women's Health.
International Brotherhood of Teamsters.
Int'l Union of Electronic, Electrical, Salaried, Machine &
Furn. Workers Union.
International Union, United Auto Workers.
Hubbard and Revo-Cohen, Inc.
Kentucky Commission on Women.
League of United Latin American Citizens.
MANA: A National Latina Organization.
National Association for Commissions for Women.
National Association for Girls and Women in Sport.
National Association of Social Workers.
National Association for the Advancement of Colored People.
National Committee on Pay Equity.
National Council of Jewish Women.
National Council of Negro Women.
National Education Association.
National Federation of Federal Employees.
National Organization for Women.
National Treasury Employees Union.
National Urban League.
National Women's Law Center.
Network: A National Catholic Social Justice Lobby.
Office and Professional Employees Int'l Union.
Self Help for Equal Rights.
Service Employees International Union.
The Newspaper Guild.
UNITE! Union of Needletrades, Industrial and Textile
Employees.
United Food and Commercial Workers Union.
United Methodist Church.
Utility Workers Union of America.
Wider Opportunities for Women.
Women Employed.
Women in Communications, Inc.
Women on the Job.
Women of the Job Taskforce.
Women Work! The National Network for Women's Employment.
Women's Information Network.
Women's Legal Defense Fund.
Women's Self Employment Project.
YWCA of the USA.
Mr. LEAHY. Mr. President, today, more than half our population
faces discrimination every day. Hard to believe, but it is true.
Women currently earn, on average, 28 percent less than men. That
means for every dollar a man earns, a woman earns only 72 cents. Over a
lifetime, the average woman will earn $420,000 less than the average
man based solely on her sex. This is unacceptable. We must correct this
gross inequity, and we must correct it now.
How is this possible with our Federal laws prohibiting
discrimination? It is possible because we in Congress have failed to
protect one of the most fundamental human rights--the right to be paid
fairly for an honest day's work.
Unfortunately, our laws ignore wage discrimination against women and
minorities, which continues to fester like a cancer in workplaces
across the country. The Fair Pay Act of 1996 would close this legal
loophole by prohibiting discrimination based on wages.
I do not pretend that this act will solve all the problems that women
and minorities face in the workplace. It is, however, an essential
piece of the puzzle.
Equal pay for equal work is often a subtle problem that is difficult
to combat. And it does not stand alone as an issue that women and
minorities face in the workplace. It is deeply intertwined with the
problem of unequal opportunity. Closing this loophole is not enough if
we fail to provide the opportunity for women and minorities, regardless
of their merit, to reach higher paying positions.
The Government, by itself, cannot change the attitudes and
perceptions of individuals or private businesses in hiring and
advancing women and minorities, but it can set an example. Certainly,
President Clinton has shown great leadership by appointing an
unprecedented number of women to his administration. Earlier this week,
the Department of Defense, the Nation's largest employer of women,
reached a milestone when President Clinton appointed the first female
three-star general, Maj. Gen. Carol Mutter of the U.S. Marine Corps. I
share her sentiment when she said she could not wait until there were
no more firsts for women. The Government has a long way to go, however,
since General Mutter will be the lone woman out of more than 100 three-
star officers.
The private sector also has a long way to go to provide equal
opportunity. The report released by the Glass Ceiling Commission last
year found that 95 percent of the senior managers of Fortune 1000
industrial and Fortune 500 companies are white males. The Glass Ceiling
Commission also found that when there are women and minorities in high
places, their compensation is lower than white males in similar
positions. This wage inequality is the issue we seek to address today.
In the next decade, the changing nature of the workplace--women and
minority men will make up 62 percent of the work force by the year
2005--will force businesses to look at the larger pool of qualified
Americans to continue to be competitive in the marketplace. As this
change occurs, we must demand fair pay for equal work.
For the first time in our country's long history, this bill outlaws
discrimination in wages paid to employees in equivalent jobs solely on
the basis of a worker's sex, race, or national origin. I say it is
about time. I commend Senator Harkin for introducing the Fair Pay Act,
and I am proud to be an original cosponsor of it.
The Fair Pay Act would remedy gender and race wage gaps under a
balanced approach that takes advantage of the employment expertise of
the Equal Employment Opportunity Commission [EEOC], while providing
flexibility to small employers . In addition, it would safeguard
legitimate wage differences caused by a seniority or merit pay system.
And the legislation directs the EEOC to provide educational materials
and technical assistance to help employers design fair pay policies.
It is a basic issue of fairness to provide equal pay for work of
equal value. The Fair Pay Act makes it possible for women and
minorities to finally achieve this fundamental fairness. I urge my
colleagues to support this legislation.
______
By Mr. WARNER:
S. 1651. A bill to amend title 10, United States Code, to permit
covered beneficiaries under the military health care system who are
also entitled to medicare to enroll in the Federal Employees Health
Benefits program; to the Committee on Armed Services.
military retirees health benefits legislation
Mr. WARNER. Mr. President, today I am pleased to introduce
legislation which will return a sense of fairness to the military
health care system by providing Medicare-eligible uniformed services
retirees the same health care plan that is currently available to every
other retired federal employee. This proposed legislation would allow
all Medicare-eligible military retirees and family members to
participate in the Federal Employee Health Benefits Plan [FEHBP].
Under the current system, military retirees are the only group of
Federal employees whose health plan is taken away at age 65, requiring
them to rely exclusively on Medicare. This is a broken promise, one
made as they took their oath of office. I am sure that my colleagues
would agree that this situation is not only inherently unfair, but that
it also breaks a long standing health care commitment to our military
retirees. It is worth noting that
[[Page S3159]]
nearly all of the largest U.S. corporations, such as General Motors,
IBM and Exxon, provide their retirees with substantial employer-paid
health coverage in addition to Medicare. The commonly held belief that
the health care provided for military retirees is second to none is a
myth. The truth is that when compared to what is provided by other
large employers including the rest of the Federal Government, the
health care that is provided to our Medicare-eligible military retirees
and their family members has become second to almost all others.
This legislation is a major step toward the application of equitable
standards of health care for all Federal Employees and honors our
commitments to those veterans who served our Nation faithfully through
many years of arduous military service. I invite my colleagues to join
me as cosponsors of this bill. I would like to thank Jack Hoggard,
Commander, USN(RET) and Mike Matthes, Commander, USN for their efforts
in producing this important legislation.
______
By Mr. McCONNELL:
S. 1652. A bill to amend the Juvenile Justice and Delinquency
Prevention Act of 1974 to establish a national resource center and
clearinghouse to carry out training of State and local law enforcement
personnel to more effectively respond to cases involving missing or
exploited children, and for other purposes; to the Committee on the
Judiciary.
the jimmy ryce law enforcement training center establishment act of
1996
Mr. McCONNELL. Mr. President, I am pleased to introduce a bill
to establish the Jimmy Ryce Law Enforcement Training Center for the
Recovery of Missing and Exploited Children.
Each year tens of thousands of children are reported missing from
their homes. The Department of Justice estimates that 3,000 to 4,000
children are taken coercively by nonfamily members. And the National
Center for Missing and Exploited Children gets involved with almost 300
cases a year which involve children abducted by strangers intending
harm. Many of these children are never seen again.
This is the most critical factor in a missing child investigation.
And too, often, local law enforcement officials lack the experience and
the resources to conduct a swift and effective investigation which will
maximize the chances for a safe recovery.
The Jimmy Ryce Center, which will be established by this bill, will
combine the resources of the National Center for Missing and Exploited
Children with those the F.B.I.'s National Crime Information Center and
Child Abduction and Serial Killer Unit, as well as the Office of
Juvenile Justice and Delinquency Prevention. The Jimmy Ryce Center will
be a national training center for law enforcement officials from all
over the United States and its programs will address: identifying the
elements of a missing and exploited child case investigations; applying
research regarding missing and exploited child case investigations and
analyzing successful and unsuccessful investigative techniques; and
educating about the national resources available to assist local
efforts in a missing and exploited child case investigation.
The Jimmy Ryce Center will also make it a priority to provide
comprehensive nationwide training for law enforcement regarding report
taking and NCIC entry of missing child information. And, the training
center will expand current training done by the Office of Juvenile
Justice and Delinquency Prevention and coordinate programs in all 50
States and the District of Columbia.
I am confident the bill will have the support of the Department of
Justice. It already has the support of the Fraternal Order of Police,
and I ask unanimous consent that the FOP's letter, as well a copy of
the bill, be included in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 1652
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. FINDINGS.
The Congress finds that--
(1) an investigation to find a missing child presents
unique circumstances for law enforcement agencies, including
the need for specialized training and the capability of swift
response to maximize the chances for the safe recovery of the
child;
(2) local law enforcement officials often lack experience
and are unaware of the Federal resources available to assist
in the investigation of cases involving a missing child; and
(3) a national training facility should be established to
assist State and local law enforcement agencies in--
(A) providing comprehensive training in investigations of
cases involving missing or exploited children;
(B) ensuring uniform, consistent, and meaningful use of
reporting systems and processes; and
(C) promoting the use of vital national resources.
SEC. 2. AMENDMENT.
Section 404(b)(2)(D) of the Juvenile Justice and
Delinquency Prevention Act of 1974 is amended by striking
``children; and'' and inserting ``children, including--
``(i) the establishment of an onsite training center at the
national clearinghouse to be known as the Jimmy Ryce Law
Enforcement Training Center for the Recovery of Missing
Children, designed to--
``(I) assist high-level law enforcement leaders from across
the country, selected by State officials, to develop
effective protocols and policies for the investigation and
prosecution of cases involving a missing or exploited child;
and
``(II) introduce those officials to resources available
from the clearinghouse and Federal agencies to assist in
cases involving a missing or exploited child;
``(ii) nationwide training in report-taking and data entry
in cases involving missing or exploited children for
information specialists, conducted at State and local law
enforcement facilities by employees of the national
clearinghouse and the National Crime Information Center of
the Federal Bureau of Investigation, designed to ensure that
necessary information regarding cases involving missing or
exploited children is gathered and entered at the local level
in a timely and effective manner; and
``(iii) State-based basic investigation training in cases
involving missing or exploited children for State and local
police investigators selected by State officials, conducted
by employees of the national clearinghouse and the Office of
Juvenile Justice and Delinquency Prevention of the Department
of Justice, designed to provide practical instruction in the
investigation of cases involving missing or exploited
children; and''.
____
Fraternal Order of Police,
National Legislative Program,
Washington, DC, March 27, 1996.
Hon. Mitch McConnell,
U.S. Senate, Washington, DC.
Hon. Peter Deutsch,
U.S. House of Representatives, Washington, DC.
Gentlemen: On behalf of the 270,000 members of the
Fraternal Order of Police, this is to express our strong
support for your legislation to provide funding and
facilities to train state and local law enforcement officers
in investigative techniques for utilization in missing and
exploited children case.
As a member of the Board of the National Center for Missing
and Exploited Children (NCMEC), I am thoroughly familiar with
the wonderful work of the Center, and with the strong bond
which the NCMEC has forged with state and local officers. The
proposed Jimmy Ryce Law Enforcement Training Center for the
Recovery of Missing Children, which would operate within the
framework of the NCMEC, can only enhance that relationship,
and will make it even more productive.
We thank both of you for your leadership on this issue, and
in the many other areas where both of you have weighed in on
the side of tough yet progressive law enforcement.
Sincerely,
Gilbert G. Gallegos,
National President.
______
By Mr. CONRAD:
S. 1653. A bill to prohibit imports into the United States of grain
and grain products from Canada, and for other purposes; to the
Committee on Finance.
the import prohibition act of 1996
Mr. CONRAD. Mr. President, on another matter, we learned yesterday
that Canada is banning all imports of United States durum as a result
of the karnal bunt fungus found in Arizona. Mr. President, this ban
means that no durum may be exported to Canada. Durum is the wheat that
makes pasta. So all the pasta lovers should understand most of the
durum that makes pasta in this country is grown in North Dakota.
Eighty-seven percent of the durum wheat that makes pasta is grown in
North Dakota. And our Canadian friends from the north have now banned
all imports of U.S. durum wheat. What does that mean? Well, it means a
lot.
It means that our durum is not going to be able to leave through the
Great Lakes. That is where the grain that is grown in North Dakota and
the rest of the Midwest is transferred to what we call lakers, ships
that go on the lake to
[[Page S3160]]
transoceanic vessels. Those transfers are made in Canadian ports.
This ban will mean that our grain cannot leave through those Canadian
ports. That means our grain is going to have to go south through the
gulf adding a lot of cost and expense. That means we are going to be
less competitive against the Canadians.
Mr. President, one might understand what the Canadians are doing here
if in some way they were threatened. They themselves have acknowledged
they are not threatened. They themselves have acknowledged that karnal
bunt cannot survive in the cold of Canada. And there is no karnal bunt
that has been found in the Midwest. The only place it was found was on
isolated farms in some southwestern States.
So the Canadians are engaged, I believe, in a deception. They are
saying they are banning our exports of durum wheat through their ports
to protect their producers. But by their own statements they know--and
they have acknowledged--that they are not threatened.
So what is really going on, Mr. President? I believe it is an attempt
to secure a competitive advantage, and we should not allow it. We
should fight back.
Today, I am introducing two bills: One that will ban imports of
Canadian durum until Canada drops its restriction on our grain. And the
second bill would ban the imports of all cattle and beef from Canada
given the fact that we have seen the mad cow disease develop in
England. We know there have been shipments of cattle from England to
Canada in the past.
If they are going to threaten us because of karnal bunt found in
Arizona, we can threaten them in the same way and shut off all imports
from Canada of their beef and their cattle because of the mad cow
syndrome in England when we know there have been shipments of beef from
that country to Canada.
It makes just as much sense to ban imports of cattle and beef from
Canada where there is no known BSE as it does to ban imports of wheat
from the upper midwest where there are no known outbreaks of karnal
bunt.
That is equivalent treatment. That is standing up for America. I hope
that other of my colleagues will join me in supporting this legislation
to send a clear message to our neighbors to the north that we are not
going to accept their refusal to take our exports of durum through
their markets.
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. 1653
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. FINDINGS.
The Congress makes the following findings:
(1) The Canadian Government has imposed a ban on the
importation of durum wheat from the United States because of
an outbreak of karnal bunt in Arizona.
(2) The ban applies to all imports of durum wheat from the
United States, including wheat from States where no evidence
of karnal bunt has been found.
(3) No karnal bunt has been found in any wheat produced in
Montana, North Dakota, South Dakota, Minnesota, or in the
Great Lakes region.
(4) The Canadian Government has stated that due to the cold
climate in Canada there is no risk of an outbreak of karnal
bunt in Canada.
(5) Canada's ban on shipments of durum wheat through the
Great Lakes ports is unjustifiable and the ban places
unnecessary restrictions on shipments of other wheat through
the Great Lakes ports.
SEC. 2. PROHIBITION AGAINST ENTRY OF CERTAIN CANADIAN GRAIN
PRODUCTS.
(a) In General.--Not later than 15 days after the date of
the enactment of this Act, the President shall prohibit the
entry, or withdrawal from warehouse for consumption, of all
grain products (described in heading 1001 or 1101.00.00 of
the Harmonized Tariff Schedule of the United States) which
are produced, grown, or manufactured in Canada.
(b) Duration.--The prohibition imposed under subsection (a)
shall remain in full force and effect until the Secretary of
Agriculture and the United States Trade Representative--
(1) determine that Canada has removed the prohibition on
imports described in subsection (c), and that durum wheat
products produced in the United States are permitted full and
fair access to the markets of such country; and
(2) submit to the Congress the determination under
paragraph (1), together with the reasons underlying the
determination.
(c) Prohibition Described.--The prohibition described in
this subsection is a prohibition on the importation of durum
wheat products produced in the United States where there is
not sufficient evidence that karnal bunt exists with respect
to such wheat.
______
By Mrs. BOXER (for herself and Mr. Bradley):
S. 1654. A bill to apply equal standards to certain foreign made and
domestically produced handguns; to the Committee on the Judiciary.
the junk gun violence protection act of 1996
Mrs. BOXER. Mr. President, I am introducing, along with my
distinguished colleague from New Jersey, Senator Bradley, a bill to
give equal treatment to the manufacture, transfer, and possession of
both foreign made and domestically produced junk guns.
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. 1654
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 ``Junk Gun Violence Protection
Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the prohibition on the importation of handguns that are
not generally recognized as particularly suitable for or
readily adaptable to sporting purposes, often described as
junk guns or Saturday night specials, has led to the creation
of a high-volume market for these weapons that are
domestically manufactured;
(2) traffic in junk guns constitutes a serious threat to
public welfare and to law enforcement officers, and the use
of such firearms is increasing;
(3) junk guns are used disproportionately in the commission
of crimes;
(4) of the firearms traced in 1995, the 3 firearms most
commonly traced to crimes were junk guns; and
(5) the domestic manufacture, transfer, and possession of
junk guns should be restricted.
SEC. 3. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION
OF CERTAIN HANDGUNS.
(a) Restriction.--Section 922 of title 18, United States
Code, is amended by adding at the end the following new
subsection:
``(y)(1) It shall be unlawful for a person to manufacture,
transfer, or possess a junk gun that has been shipped or
transported in interstate or foreign commerce.
``(2) Paragraph (1) shall not apply to--
``(A) the possession or transfer of any junk gun otherwise
lawfully possessed under Federal law on the date of the
enactment of the Junk Gun Violence Protection Act;
``(B) any firearm or replica of a firearm that has been
rendered permanently inoperative;
``(C) the manufacture for, transfer to, or possession by
the United States or a State or a department or agency of the
United States, or a State or a department, agency, or
political subdivision of a State, or a transfer to or
possession by a law enforcement officer employed by such an
entity for law enforcement purposes (whether on or off duty);
or
``(D) the manufacture, transfer, or possession of a junk
gun by a licensed manufacturer or licensed importer for the
purposes of testing or experimentation authorized by the
Secretary.''.
(b) Definition of Junk Gun.--Section 921(a) of title 18,
United States Code, is amended by adding at the end the
following new paragraph:
``(33)(A) The term `junk gun' means any firearm that is not
described in section 925(d)(3), and any regulations issued
under such section.''.
____________________