[Congressional Record Volume 143, Number 22 (Wednesday, February 26, 1997)]
[House]
[Pages H634-H636]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ARMORED CAR RECIPROCITY AMENDMENTS OF 1997
Mr. TAUZIN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 624) to amend the Armored Car Industry Reciprocity Act of
1993 to clarify certain requirements and to improve the flow of
interstate commerce.
The Clerk read as follows:
H.R. 624
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 ``Armored Car Reciprocity
Amendments of 1997''.
SEC. 2. CLARIFICATION OF STATE RECIPROCITY OF WEAPONS
LICENSES ISSUED TO ARMORED CAR COMPANY CREW
MEMBERS.
(a) In General.--Section 3(a) of the Armored Car Industry
Reciprocity Act of 1993 (15 U.S.C. 5902(a)) is amended to
read as follows:
``(a) In General.--If an armored car crew member employed
by an armored car company--
``(1) has in effect a license issued by the appropriate
State agency (in the State in which such member is primarily
employed by such company) to carry a weapon while acting in
the services of such company in that State, and such State
agency meets the minimum requirements under subsection (b);
and
``(2) has met all other applicable requirements to act as
an armored car crew member in the State in which such member
is primarily employed by such company;
then such crew member shall be entitled to lawfully carry any
weapon to which such license relates and function as an
armored car crew member in any State while such member is
acting in the service of such company.''.
(b) Minimum State Requirements.--Section 3(b) of such Act
(15 U.S.C. 5902(b)) is amended to read as follows:
``(b) Minimum State Requirements.--A State agency meets the
minimum State requirements of this subsection if--
``(1) in issuing an initial weapons license to an armored
car crew member described in subsection (a), the agency
determines to its satisfaction that--
``(A) the crew member has received classroom and range
training in weapons safety and marksmanship during the
current year from a qualified instructor for each weapon that
the crew member will be licensed to carry; and
``(B) the receipt or possession of a weapon by the crew
member would not violate Federal law, determined on the basis
of a criminal record background check conducted during the
current year;
``(2) in issuing a renewal of a weapons license to an
armored car crew member described in subsection (a), the
agency determines to its satisfaction that--
``(A) the crew member has received continuing training in
weapons safety and marksmanship from a qualified instructor
for each weapon that the crew member is licensed to carry;
and
``(B) the receipt or possession of a weapon by the crew
member would not violate Federal law, as determined by the
agency; and
``(3) in issuing a weapons license under paragraph (1) or
paragraph (2), as the case may be--
``(A) the agency issues such license for a period not to
exceed two years; or
``(B) the agency issues such license for a period not to
exceed five years in the case of a State that enacted a State
law before October 1, 1996, that provides for the issuance of
an initial weapons license or a renewal of a weapons license,
as the case may be, for a period not to exceed five years.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by section 2 shall take effect 30 days
after the date of the enactment of this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Louisiana [Mr. Tauzin] and the gentleman from New York [Mr. Manton]
each will control 20 minutes.
The Chair recognizes the gentleman from Louisiana [Mr. Tauzin].
Mr. TAUZIN. Mr. Speaker, I yield myself such time as I may consume.
(Mr. TAUZIN asked and was given permission to revise and extend his
remarks.)
Mr. TAUZIN. Mr. Speaker, I rise in strong support of H.R. 624, the
Armored Car Reciprocity Amendments. All we need to do is watch the
evening news to be aware of the problems faced by the Nation's law
enforcement and security personnel. We live in increasingly dangerous
times, where a badge is now a target and the lives of people wearing
those badges are placed in grave danger on a daily basis.
Those who guard armored cars are no exception. Both the FBI and the
armored car industry agree that there are more than 6 robbery attempts
against armored cars every month. Sometimes these attempts result in
the injury or death of the guard.
There is no question there is a strong need for these individuals to
be armed. When this committee reported the Armored Car Industry
Reciprocity Act in the 103d Congress, it recognized that fact. However,
it also recognized that we need to keep weapons out of the hands of
criminals and the untrained. While most States require substantial
training in the safe and legal use of their weapons before they issue
crew members weapons permits, we reiterated that sentiment when we
required regular training and criminal background checks before a
State's weapons permit could be entitled to reciprocity under our act.
[[Page H635]]
The legislation of the gentleman from Kentucky [Mr. Whitfield], H.R.
624, the Armored Car Reciprocity Amendments of 1997, simply makes some
technical changes in the original statute to better conform its
requirements to the procedures in place in the majority of the States
today. It still requires regular training and criminal background
checks for armored car crew members, but allows States the necessary
flexibility to issue permits according to their own procedures and
their own timetables.
In fact, it differs from the House-passed bill in only one
substantive respect, and that was in response to criticisms leveled by
some Members of the other body who failed to pass this legislation
during the last Congress.
It is a little known fact that the single largest interstate customer
of the armored car industry is the Federal Government. Private
companies annually transport billions of dollars in currency, coin,
food stamps, and other negotiable documents. Because we entrust these
companies with the Nation's valuables, we have an obligation to ensure
that their job in protecting these valuables is as easy as possible.
Mr. Speaker, that is why we need to enact H.R. 624. The gentleman
from Kentucky [Mr. Whitfield] should be commended for his hard work in
seeing this bill through. I would also like to thank the gentleman from
New York [Mr. Manton], the ranking minority member of the subcommittee,
and the gentleman from Ohio [Mr. Oxley] for their support in bringing
this legislation to the floor.
Mr. Speaker, I urge all of my colleagues to support the legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. MANTON. Mr. Speaker, I yield myself such time as I may consume.
(Mr. MANTON asked and was given permission to revise and extend his
remarks.)
Mr. MANTON. Mr. Speaker, I rise today in support of this
noncontroversial bipartisan legislation that will go a long way toward
solving some of the problems currently confronting the armored car
industry. These vehicles, privately or federally owned and operated,
provide a valuable service for our Nation's financial institutions and
businesses.
Unfortunately, this is an industry which not surprisingly is often
the target of violent criminals. Attacks on armored cars not only
result in the loss of untold amounts of property but all too often ends
with crew members being seriously injured or killed. Every day millions
of dollars of currency, food stamps, and other valuables are carried by
armored cars on our Nation's highways, roadways, and local streets. The
nature of this work requires these vehicles and their crews to cross
State lines in order to make deliveries, pickups, and provide other
essential services.
This legislation will facilitate the interstate transmittal of
valuable cargos by providing armored crew members the authority to
carry firearms across State lines. The bill grants reciprocity for
necessary licenses as long as all requirements of the crew's primary
State have been met and that they have passed the requisite criminal
background checks.
Mr. Speaker, over the last several years there has been a marked
increase in the number of ATM machines and other financial service
sites in this country. This in turn has led to more currency being
transmitted on our roads, increasing the likelihood of attempted
robberies and exposing crew members performing their duties to ever
greater dangers. This legislation will ensure that armored car crews
are able to adequately protect themselves, but will not in any way
change Federal requirements for possession of a weapon or make it
easier for anyone to receive a weapons license.
During hearings on this issue, we learned of a rather ludicrous
situation where armored car crew members were actually taken into
police custody because their weapons permits were found to be invalid
in that particular State. As a result, not only were these employees
inconvenienced but their armored car was actually left defenseless by
the side of the highway for an inordinate length of time. Such examples
highlight the importance of solving the current problems of
inconsistent application of license requirements and renewal processes
among the various States.
Mr. Speaker, I would like to thank both the gentleman from Kentucky
[Mr. Whitfield] for crafting this legislation and Chairman Tauzin for
moving this bill so expeditiously through the Committee on Commerce. As
an original cosponsor of H.R. 624, I urge all of my colleagues to
support this commendable legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. TAUZIN. Mr. Speaker, I yield such time as he may consume to the
gentleman from Kentucky [Mr. Whitfield], the author of the legislation.
Mr. WHITFIELD. Mr. Speaker, I am pleased today that the House is
taking up our legislation, the Armored Car Reciprocity Amendments of
1997, which is essentially the same legislation passed by the House
without opposition during the 104th Congress. Unfortunately, time ran
out in the Senate and they did not complete their work.
In the United States, armored cars are used to transport millions of
dollars in currency, coins, food stamps, and other valuable property
for both private entities and the Federal Government, and because of
the value of the cargo, armored cars are often, as we would expect, the
targets of crime.
{time} 1130
This legislation addresses the problems encountered by the States in
three ways. First, it grants reciprocity for both weapons licenses and
any other permits or licenses required in a particular State so long as
the crew member has met all of the requirements in the State in which
he or she is primarily employed; second, it makes clear that it is the
State which should conduct criminal background checks and permits the
States to do so in whatever manner they deem appropriate; and third, it
eliminates the requirement in the original act that renewal permits be
reissued annually and permits States to follow their own timetables.
These changes represent a major step forward in achieving the
objectives of the original act.
Under the act as originally signed into law, only Illinois,
Louisiana, Maryland, North Carolina, and Virginia met the requirements
for reciprocity. With the changes under H.R. 624, 28 other States will
qualify, and this will truly ease the flow of these valuable goods and
interstate commerce.
It is important to note that there is nothing in this bill which
makes it easier for someone to get a gun that should not have one in
the first place. If the person is prohibited from possessing a weapon
under Federal law, there is nothing in this bill to change that.
Further, it continues to require regular criminal background checks and
weapons training for armored car crew members. In short, it simply
eases the regulatory burden on armored car crews and companies, makes
their job easier while effectively maintaining public safety.
I want to thank particularly the gentleman from Louisiana [Mr.
Tauzin] and the gentleman from Ohio [Mr. Oxley] and the gentleman from
New York [Mr. Manton] for their work on this legislation. I urge my
colleagues on both sides of the aisle to support the legislation and
thank them.
Mr. TAUZIN. Mr. Speaker, I commend the author of the legislation and
now yield such time as he may consume to the gentleman from Ohio [Mr.
Oxley], who, by the way, is the only serving former member of the FBI.
(Mr. OXLEY asked and was given permission to revise and extend his
remarks.)
Mr. OXLEY. Mr. Speaker, I feel compelled to quote the great Yogi
Berra and point out that consideration of this bill feels like deja vu
all over again. It was just last year that I stood on the floor,
managed legislation virtually identical to the bill before us today.
That is why I am pleased to join our friend, the gentleman from
Kentucky [Mr. Whitfield] and the gentleman from New York [Mr. Manton]
again as cosponsor of H.R. 624, the Armored Car Reciprocity Amendments
of 1997, and thank the gentleman from Louisiana [Mr. Tauzin] for his
leadership in this issue.
Armored car crew members have a very dangerous job. They transport
billions of dollars' worth of valuables
[[Page H636]]
every year, which makes them an increasingly ripe target for attack by
everyone from militias to drug gangs to common criminals. In fiscal
year 1995, the FBI investigated nearly 70 armored car robberies. In the
first 6 months of 1996, they investigated more than 30 new cases of
robbery attempts against armored cars and their crews, and I know that
it comes as no surprise that there were injuries and fatalities in a
number of these cases, as pointed out by previous speakers.
Armored car crews are trained professionals who need to be able to
protect themselves and their cargo against attack. This bill simply
makes it easier for these companies and employees to operate safely and
legally and safely in interstate commerce, and that is why I have
supported this legislation in the past, why I continue to support it
today.
Mr. Speaker, I urge all of my colleagues to support this important
legislation.
Mr. TAUZIN. Mr. Speaker, I yield such time as he may consume to the
gentleman from Florida [Mr. Stearns].
(Mr. STEARNS asked and was given permission to revise and extend his
remarks.)
Mr. STEARNS. Mr. Speaker, I wish to congratulate my colleague from
Kentucky [Mr. Whitfield] for what he has done on this bill and the
gentleman from Louisiana [Mr. Tauzin] for bringing this bill to the
House floor.
In the United States armored cars are used to transport millions and
millions of dollars in currency, coins, food stamps, and other valuable
property. The Federal Government remains the largest customer to the
armored car industry. As a result of their cargo, armored cars are
often a target of crime. In order to protect the safety of both the
cargo and the individuals responsible for its transport, we are once
again considering amendments to the Armored Car Industry Reciprocity
Act.
Mr. Speaker, I was pleased to have been an original cosponsor of
similar legislation which passed the House unanimously during the 104th
Congress.
The need for these amendments can be illustrated by an incident, a
case in New Jersey, in which the operation of an armored car across the
State lines almost ended in the loss of $40 million in very valuable
Federal property. The armored car was stopped by a policeman for a
traffic violation, and when the licenses were checked of the armored
car guards, it is found that they did not have the proper permit, and
they were arrested for carrying a weapon without a permit in that
State. The armored car remained on the side of the highway overnight,
containing $40 million worth of very valuable property. Had the
amendments we are considering today been in place, the potential for a
financial detrimental situation could have been avoided altogether.
I think it important, Mr. Speaker, to emphasize that these amendments
do not place weapons in the hands of additional people. The reciprocity
of the licenses extends only to those professionals who have obtained a
weapons license in that primary State of employment, and of course when
they get this permit, they must commit to a safety test, and their
record is checked and a background check is made.
Since the genesis of this legislation involves the reciprocity of
weapons licenses, I want to briefly mention legislation that I have
introduced to allow reciprocity for concealed weapons, licenses that
would be given to individuals. H.R. 339 establishes the right-to-carry
parameters across State lines. It is my hope that my colleagues will
join me in support of further reciprocity for gun owners.
Mr. Speaker, today we are faced with an easy task. By passing H.R.
624 we will remove the barriers that currently inhibit interstate
travel of armored cars. It is senseless that armored car guards who
have met the professional licensing requirements to carry a weapon in
one State should be required to obtain a license in every State that
they travel through when they are transporting their cargos.
So I urge passage of this bill and I again compliment the gentleman
from Louisiana [Mr. Tauzin] and the gentleman from Kentucky [Mr.
Whitfield].
Mr. MANTON. Mr. Speaker, we have no more requests for time, so I
yield back the balance of my time.
Mr. TAUZIN. Mr. Speaker, I yield myself such time as I may consume
merely to again thank the gentleman from New York [Mr. Manton] for his
extraordinary help and cooperation in moving this bill forward, and all
the members of our subcommittee of the Committee on Commerce who
participated in this effort, and I urge final passage of the bill.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today to speak in
support of H.R. 624, the Armored Car Reciprocity Improvement Act.
In the United States, armored cars are used everyday to transport
millions of dollars in currency, coins, food stamps, and other valuable
property for both private entities and the Federal Government. The
value of this cargo is not in dispute, but the ability of those charged
with the responsibility of transporting it is.
The legitimacy of those who currently transport cargo by armored car
across State lines, must be universally recognized by all States. H.R.
624 will go a long way in accomplishing this goal.
This bill will accomplish several important functions for the armor
car industry and its customers, who depend on the ability of armored
cars and their attendants to function across the State lines.
The bill requires that a criminal background check be conducted on an
individual applying for a firearms license only when that person
applies for his or her initial license, and it clarifies that it is the
State that must conduct the initial criminal background check, and not
some third party.
Finally, this bill would establish that reciprocity be granted for
both weapons licenses and any other permits or licenses required in a
State, if the crew member has met all relevant requirements for working
as an armored car crew member in the State in which he or she is
primarily employed.
Currently, only five States meet the eligibility requirements for
reciprocity under the Armored Car Industry Reciprocity Act of 1993. It
is estimated that the change in the law proposed by this bill would
enable 28 other States to become immediately eligible for reciprocity.
Mr. TAUZIN. Mr. Speaker, I have no other requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore. (Mr. Shays). The question is on the motion
offered by the gentleman from Louisiana [Mr. Tauzin] that the House
suspend the rules and pass the bill, H.R. 624.
The question was taken.
Mr. TAUZIN. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 5 of rule I and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________