[Congressional Record Volume 143, Number 125 (Thursday, September 18, 1997)]
[Senate]
[Pages S9691-S9693]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        A VICTORY FOR AMERICANS

 Mr. LAUTENBERG. Mr. President, in the House of Representatives 
yesterday an amendment that would have allowed foreign governments to 
export to the United States for commercial sale millions of lethal 
military weapons the U.S. previously made available to them was dropped 
from the Treasury Appropriations bill. I have vigorously opposed this 
amendment in the Senate, and have worked to keep it out of Senate 
Appropriations bills. I congratulate Representatives McCarthy, Lowey, 
Kennedy, Shays, and Maloney for successfully working to delete the 
provision from the House bill.
  As my colleagues may know, the amendment was originally adopted 
during the House Appropriations Committee markup of the Treasury, 
Postal Service, and General Government Appropriations bill for fiscal 
year 1998 without discussion or debate. Last year a similar amendment 
was slipped into the Senate version of the Commerce, Justice, State and 
the Judiciary Appropriations bill, but it was not included in the final 
version of the spending law.
  It has been the policy of the Reagan, Bush, and Clinton 
Administration's not to permit these American made military weapons to 
be exported for commercial sale in the U.S. market. The Administration 
strongly opposed the amendment to allow foreign governments to export 
them for commercial sale. So did a coalition of fifty organizations, 
including the Coalition to Stop Gun Violence, Handgun Control, Inc., 
and the Violence Policy Center. I ask that a copy of a letter from 
these organizations be printed in the record. I also ask that copies of 
editorials from the New York Times, the Washington Post, and the Times 
of Trenton, be printed in the Record at the conclusion of my remarks.
  The weapons that would have flooded our streets had this amendment 
been approved were granted or sold to foreign governments, often at a 
discount, through military assistance programs, and some are even 
``spoils of war.'' Their market value exceeds $1 billion. The State 
Department estimates that 2.5 million such weapons have been granted or 
sold to foreign governments since 1950. About 1.2 million are M-1 
carbines, which are semiautomatic weapons that can easily be converted 
to illegal, fully automatic weapons. The weapons at issue are called 
``curios or relics'' because they are considered to have historic value 
or are more than 50 years old. But they are not innocuous antiques. 
These military weapons may be old, but they are lethal. Ten American 
police officers have recently been killed with these dangerous weapons. 
And in just two years the weapons were traced to more than 1800 crimes 
nationwide.
  Allowing the importation of large numbers of these lethal weapons 
would have undermined efforts to reduce gun violence in this country. 
It would have reduced the cost of the weapons, making them more 
accessible to criminals.
  Enactment of the provision could also have provided a windfall for 
foreign governments at the expense of the U.S. taxpayer. Under the 
proposal, our government's ability to require foreign governments which 
received American manufactured weapons to return proceeds of the sales 
to the United States Treasury would have been severely limited. 
Consequently, countries that the U.S. assisted in times of need, such 
as South Korea and the Philippines, could have made a handsome profit 
off of our weapons. Even countries like Iran and Vietnam could have 
profited.
  Allowing more than two million U.S.-origin military weapons to enter 
the United States would profit a limited number of arms importers but 
would not be in the overall interest of the American people. These 
weapons are not designed for hunting or for shooting competitions; they 
are designed for war. Our own Department of Defense does not sell these 
weapons on the commercial market for profit in the United States. 
Foreign countries should not be permitted to do so either.
  I'm delighted that this provision has been dropped from the House 
version of the bill. I have introduced legislation, S. 723, to repeal a 
loophole in the Arms Export Control Act that could enable these weapons 
to enter the country under a future Administration. I hope the Congress 
will approve this bill.
  In the meantime, Mr. President, this is a huge victory for the 
American taxpayer and a victory for all concerned about safety.
  The material follows:

                [From the New York Times, Sept. 9, 1997]

                        The Surplus Gun Invasion

       Gun dealers, with the enthusiastic support of the National 
     Rifle Association, are once again trying to sneak through 
     Congress a measure that could put 2.5 million more rifles and 
     pistols onto American streets and provide a handsome subsidy 
     for weapons importers and a few foreign governments. This 
     bill, introduced with disgraceful stealth, should be pounced 
     on by the Clinton Administration and all in Congress who are 
     concerned about crime.
       The bill is an amendment to the Treasury Department's 
     appropriation, which may come to a vote in the House this 
     week. It would allow countries that received American 
     military surplus M-1 rifles, M-1 carbines and M1911 pistols 
     to sell them to weapons dealers in the United States. The 
     countries--allies and former allies such as the Philippines, 
     South Korea, Iran and Turkey--got the guns free or at a 
     discount or simply kept them after World War II, or the 
     Korean and Vietnam wars. Current law requires them to pay the 
     Pentagon if they sell the guns and bars Americans from 
     importing

[[Page S9692]]

     them. The new bill would change both provisions.
       The N.R.A. argues that the guns are merely relics. But they 
     are not too old to kill. In 1995 and 1996 the Bureau of 
     Alcohol, Tobacco and Firearms traced these models to more 
     than 1,800 crime sits. Senator Frank Lautenberg, the bill's 
     main opponent, says these guns have killed at least 10 police 
     officers since 1990. M-1 carbines can be converted to 
     automatic firing, and all the M-1's are easily converted into 
     illegal assault weapons.
       Republicans attached a similar bill to an emergency 
     spending measure last year but took it out under pressure 
     from the White House. President Clinton should threaten to 
     veto the Treasury appropriation if the measure remains.
                                  ____


                [From the Washington Post, Aug. 4, 1997]

                    Surplus Weapons, Surplus Danger

       Gun sales are flat, so the nation's gun importers are 
     looking to shake up the market. Once again they want 
     permission to bring into the country an arsenal of as many as 
     2.5 million U.S. Army surplus weapons that were given or sold 
     to foreign governments decades ago.
       The industry classifies the guns as obsolete ``curios and 
     relics'' of interest mostly to collectors and sports 
     shooters. But they're not talking about a gentleman officer's 
     pearl-handled revolvers. These are soldiers' M1 Garand 
     rifles, M1 carbines and .45-caliber M1911 pistols; some can 
     be converted to automatic or illegal assault weapons with 
     parts that cost as little as $100. For public safety reasons, 
     the Pentagon declines to transfer such surplus to commercial 
     gun vendors, which is why the Clinton, Bush and Reagan 
     administrations have enforced a policy of keeping the 
     overseas weapons out.
       This week, the gun importers, cheered on by the National 
     Rifle Association, quietly persuaded a House appropriations 
     panel to approve language to prevent the State, Justice and 
     Treasury departments from denying the importers' 
     applications. It's a slap at the country's efforts to reduce 
     gun violence.
       To introduce a flood of these historical weapons is to risk 
     driving down the price of firearms and putting more within 
     the reach of street criminals. It isn't simply gun-control 
     groups but the Bureau of Alcohol, Tobacco and Firearms that 
     warns of an increased use of these kinds of weapons against 
     police around the country. In 1995-96 alone, 304 U.S. 
     military surplus M1 rifles and 99 surplus pistols were traced 
     to crime scenes. At least nine law enforcement officers have 
     been killed by M1 rifles or M1911 pistols since 1990, 
     according to Sen. Frank Lautenberg (D-N.J.), who has 
     introduced legislation to cement the import ban in law by 
     reconciling some contradictory statutes.
       The State Department says that weapons transfers--even for 
     outdated guns--should remain an executive branch prerogative 
     to be handled country by country. Why should the governments 
     of Turkey, Italy or Pakistan collect a windfall from U.S. gun 
     importers when the products they are trading originally were 
     supplied by the U.S. government? Why should Vietnam and Iran 
     be allowed to earn currency from U.S.-made weaponry they took 
     as ``spoils of war.'' President Clinton last year headed off 
     a similar effort to allow in the surplus weapons and should 
     be counted on to do so again.
                                  ____


                  Stealth Amendment Sneaks In Weapons


                   lautenberg tries to stop provision

       Lobbyists for the National Rifle Association scored a big 
     victory in August when they sneaked in a little clause in the 
     House Appropriations bill allowing about 2.5 million guns to 
     be imported into the United States.
       This bill, which sets aside money for the Treasury, Postal 
     Service and general government appropriations, is about to be 
     up for a House vote and, unless this provision is changed, 
     the U.S. market soon will be flooded with these dangerous 
     weapons.
       The guns are military weapons that were given or sold to 
     friendly foreign governments, such as South Korea, Turkey, 
     Iran and South Vietnam. They are called ``curios and relics'' 
     since they were used in international battles or are at least 
     50 years old.
       The NRA claims these weapons, M-1 Garand, M-1 carbine 
     rifles and .45-caliber M1911 pistols, are collectibles for 
     military-history buffs and do no damage.
       Sen. Frank Lautenberg, D-N.J., who is leading the charge to 
     remove the gun provision, thinks otherwise. He says they are 
     dangerous weapons and cities 1995 and 1996 Bureau of Alcohol, 
     Tobacco and Firearms statistics linking these particular 
     models to 1,800 crimes, including the killing of at least 10 
     police officers in the past seven years. Those same 
     statistics show New Jersey ranked seventh in the nation for 
     crime scenes involving M-1 rifles and M1911 pistols.
       Lautenberg says about 1.2 million of the weapons are M-1 
     carbines, semiautomatic weapons which easily are converted 
     into fully automatic weapons.
       The State Department, starting in the Reagan era, has 
     forbidden foreign governments from exporting these guns into 
     the United States for sale. It is inconceivable that under 
     the Clinton administration, known for its anti-gun policies, 
     this wise prohibition would be reversed.
       Lautenberg, who successfully stopped a similar proposal in 
     the Senate, says no one is paying attention to the provisions 
     in the House bill. The sounds of silence soon may be overcome 
     by the sounds of more needless weapons being fired in this 
     country.
                                  ____


                    [From the Times, Sept. 14, 1997]

                         Stop the Gun Invasion

       Congress does its dirtiest work in the dark, with little or 
     no debate. An outstanding example of this propensity was the 
     $50 billion giveaway to the tobacco industry that Senate 
     Majority Leader Trent Lott and House Speaker Newt Gingrich 
     smuggled into the balanced-budget package at the last minute. 
     The huge public protest that followed belated disclosure of 
     that outrage was heard in Washington, and last week the 
     Senate voted 95-3 to repeal the provision. Even Sen. Lott 
     voted yes. Let's hope the lopsidedness of the Senate tally 
     will help persuade the House to go along with the repealer.
       Now a similar effort is needed to undo some major mischief 
     committed in the House Appropriations Committee in the days 
     before the August recess. An amendment to the Treasury 
     Department funding bill, hurriedly approved with almost no 
     discussion, would allow some 2.5 million surplus U.S. 
     military rifles and pistols to enter this country. They would 
     come from U.S. allies and former allies, such as the 
     Philippines, South Korea, Turkey and even Iran and Vietnam, 
     which got the guns free or at cost, during the various wars 
     of this century. Present law requires these countries to pay 
     the U.S. government if they sell the guns and prohibits 
     Americans from importing them, but the stealth amendment to 
     the appropriations bill would nullify those provisions. These 
     foreign countries have no right to rake in a windfall from 
     munitions originally supplied by the U.S. government--
     munitions that our own Department of Defense doesn't sell on 
     the commercial market for profit in the U.S.
       The amendment was pushed by--who else?--the National Rifle 
     Association, along with gun wholesalers, who envision making 
     significant profits importing M-1 Garand and M-1 carbine 
     rifles and .45-caliber M1911 pistols. The NRA argues that the 
     guns are ``curios or relics'' that veterans want to own as 
     mementos. But as weapons made for the battlefield they also 
     happen to be very lethal, and, if imported in quantity, they 
     would be cheap--two attributes that would make them catnip to 
     criminals. In 1995 and 1996 the Bureau of Alcohol, Tobacco 
     and Firearms traced these models to more than 1,800 crime 
     sites. Such guns have killed at least 10 police officers 
     since 1990, including Franklin Township Sgt. Ippolito ``Lee'' 
     Gonzalez, shot down two years ago with a M1911 wielded by the 
     notorious parolee Robert ``Mudman'' Simon. The semiautomatic 
     M-1 carbines are light, easy to carry, and easily convertible 
     to illegal automatic weapons.
       Last year a similar amendment was slipped into the Senate 
     version of a departmental appropriations bill, but at the 
     insistence of the White House the provision was removed. This 
     year, Sen. Frank Lautenberg, D-N.J., one of the strongest 
     advocates in Congress of a sensible national gun policy, was 
     able to block similar legislation in the Senate, and he's 
     leading the fight to keep the provision out of the final 
     version of the Treasury appropriations bill that's sent to 
     the White House. President Clinton, for his part, should make 
     it clear that he's as opposed as ever to this terrible idea, 
     and will veto any spending bill that includes it.
                                  ____

                                                September 8, 1997.
       Dear Representative: In late-July, during mark-up of the 
     Fiscal Year 1998 Treasury-Postal Service-General Government 
     Appropriations bill, the Appropriations Committee accepted an 
     amendment that would allow foreign governments to export to 
     the United States for commercial sale, millions, of military 
     weapons the United States previously made available to 
     foreign countries through military assistance programs.
       For a range of public health and safety national security, 
     and taxpayer reasons, we strongly urge you vote to delete the 
     provision from the Fiscal Year 1998 Treasry-Postal Service-
     General Government Appropriations bill.
       Supporters of this amendment describe it as an innocuous 
     measure which simply allows the importation of some obsolete 
     ``curios and relics.'' In reality, the amendment would allow 
     the import of an estimated 2.5 million weapons of war, 
     including 1.2 million M1 carbines. The M1 carbine is a semi-
     automatic weapon that can be easily converted into automatic 
     fire and comes equipped with a 15-30 round detachable 
     magazine.


                     this is a public safety issue

       Although the backers of the provision claim that these 
     World War II era weapons are now harmless ``curios and 
     relics'', in reality they remain deadly assault weapons. 
     According to the Bureau of Alcohol, Tobacco, and Firearms, 
     the M1 Carbine can easily be converted into a fully-automatic 
     assault rifle. For this reason, the Department of Defense has 
     refused to sell its surplus stocks of these weapons to 
     civilian gun dealers and collectors in the United States.
       According to Raymond W. Kelley, the Treasury Department's 
     Under-Secretary for Enforcement, the inflow of these weapons 
     will drive down the price of similar weapons, making them 
     more accessible to criminals. Already, during 1995-1996, ATF 
     has traced 1,172 M1911 pistols and 639 M1 rifles to crimes 
     committed in the United States.


                 this is a government oversight concern

       Nearly 2.5 million of these weapons were given or sold as 
     ``security assistance'' to allied governments. Under United 
     States law, recipients of American arms and military

[[Page S9693]]

     aid must obtain permission from the United States government 
     before re-transferring those arms to third parties. Setting a 
     dangerous precedent, this amendment fundamentally undercuts 
     the ability of the United States government to exercise its 
     right of refusal on retransfer of United States arms.
       The Reagan, Bush, and Clinton Administrations have all 
     barred imports of these military weapons by the American 
     public. The Appropriations bill explicitly overrides this 
     policy, prohibiting the government from denying applications 
     for the importation of ``U.S. origin ammunition and curio or 
     relic firearms and parts.'' In effect, the provision would 
     force the Administration to allow thousands of M1 assault 
     rifles and M1911 pistols into circulation with the civilian 
     population, thereby not only threatening public safety but 
     also undermining governmental oversight and taxpayer 
     accountability.


                    this is also a taxpayer concern

       The amendment also presents a windfall of millions of 
     dollars to foreign governments and United States gun dealers. 
     The amendment effectively terminates a requirement that 
     allies reimburse the United States treasury if they sell 
     United States-supplied weapons. According to ATF, each M1 
     Carbine, M1 Garand rifle, and M1911 pistol currently sells 
     for about $300-500 in the United States market. The South 
     Korean, Turkish, and Pakistani governments and militaries 
     stand to make millions from the resale of these weapons. 
     South Korea has 1.3 million M1 Garands and Carbines, while 
     the Turkish military and police have 136,000 M1 Garands and 
     50,000 M1911 pistols. These weapons were originally given 
     free, or sold at highly subsidized rates, or retrieved as 
     ``spoils of war.'' The United States Department of Defense 
     does not sell these lethal weapons on the commercial market 
     for profit. Why should we allow foreign governments to do so?
       Again, we strongly urge you vote to delete this provision 
     from the Fiscal Year 1998 Treasury-Postal Service-General 
     Government Appropriations bill.
       Thank you.

         American College of Physicians; American Friends Service 
           Committee, James Matlack, Director, Washington Office; 
           American Jewish Congress, David A. Harris, Director, 
           Washington Office; American Public Health Association, 
           Mohammad Akhter, M.D., Executive Director; Americans 
           for Democratic Action, Amy Isaacs, National Director; 
           British American Security Information Council, Dan 
           Plesch, Director; Ceasefire New Jersey, Bryan Miller, 
           Executive Director; Children's Defense Fund; Church of 
           the Brethren, Washington Office, Heather Nolen, 
           Coordinator; Church Women United, Ann Delorey, 
           Legislative Director; Coalition to Stop Gun Violence, 
           Michael K. Beard, President; Community Healthcare 
           Association of New York State, Ina Labiner, Executive 
           Director; Concerned Citizens of Bensonhurst, Inc., 
           Adeline Michaels, President; Connecticut Coalition 
           Against Gun Violence, Sue McCalley, Executive Director; 
           Demilitarization for Democracy; Episcopal Peace 
           Fellowship, Mary H. Miller, Executive Secretary; 
           Federation of American Scientists, Jeremy J. Stone, 
           President; Friends Committee on National Legislation, 
           Edward (Ned) W. Stowe, Legislative Secretary; General 
           Federation of Women's Clubs, Laurie Cooper, GFWIC 
           Legislative Director; Handgun Control, Inc., Sarah 
           Brady, Chair; Independent Action, Ralph Santora, 
           Political Director; Iowans for the Prevention of Gun 
           Violence, John Johnson, State Coordinator; Legal 
           Community Against Violence, Barrie Becker, Executive 
           Director; Lutheran Office for Government Affairs, ELCA, 
           The Rev. Russ Siler; Mennonite Central Committee, 
           Washington Office, J. Daryl Byler, Director; National 
           Association of Children's Hospitals and Related 
           Institutions, Stacy Collins, Associate Director, Child 
           Health Improvement; National Association of Secondary 
           School Principals, Stephen R. Yurek, General Counsel; 
           National Black Police Association, Ronald E. Hampton, 
           Executive Director; National Coalition Against Domestic 
           Violence, Rita Smith, Executive Director; National 
           Commission for Economic Conversion and Disarmament, 
           Miriam Pemberton, Director; National Council of the 
           Churches of Christ in the U.S., Albert M. Pennybacker, 
           Director, Washington Office; National League of Cities; 
           New Hampshire Ceasefire, Alex Herlihy, Co-Chair; New 
           Yorkers Against Gun Violence, Barbara Hohlt, Chair; 
           Orange County Citizens for the Prevention of Gun 
           Violence, Mary Leigh Blek, Chair; Peace Action, Gordon 
           S. Clark, Executive Director; Pennsylvanians Against 
           Handgun Violence, Daniel J. Siegel, President; 
           Physicians for Social Responsibility, Robert K. Musil, 
           PhD., Executive Director; Presbyterian Church (U.S.A.), 
           Washington Office, Elenora Giddings Ivory, Director; 
           Project on Government Oversight, Danielle Brian, 
           Executive Director; Saferworld, Peter J. Davies, U.S. 
           Representative; Texans Against Gun Violence-Houston, 
           Dave Smith, President; Unitarian Universalist 
           Association of Congregations, The Rev. Meg A. Riley, 
           Director, Washington Office for Faith In Action; U.S. 
           Conference of Mayors; Unitarian Universalist Service 
           Committee, Richard S. Scobie, Executive Director; 
           Virginians Against Handgun Violence, Alice Mountjoy, 
           President; WAND (Women's Action for New Directions), 
           Susan Shaer, Executive Director; Westside Crime 
           Prevention Program, Marjorie Cohen, Executive Director; 
           YWCA of the U.S.A., Prema Mathai-Davis, Chief Executive 
           Officer; 20/20 Vision, Robin Caiola, Executive 
           Director.

                          ____________________