[Congressional Record Volume 143, Number 160 (Thursday, November 13, 1997)]
[Senate]
[Pages S12554-S12559]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      CONFERENCE REPORT ON COMMERCE, STATE, JUSTICE APPROPRIATIONS

  Mr. LAUTENBERG. Mr. President, I want to discuss the report pending 
that should come over from the House of Representatives in the next 
while on the appropriations bill that relates to the Commerce, State, 
Justice Departments. And part of what is in this report that we expect 
to see relates to the importation of surplus military weapons that were 
manufactured in the United States and, many years ago, were sent abroad 
as part of our military assistance program.
  Now, although there was initially no bill or report language on the 
issue in either the House or the Senate bills before conference, the 
issue has nevertheless consumed an enormous amount of time over the 
past few weeks, and it has generated some significant controversy. I 
have had a deep interest in this subject because I believe that when we 
load this society of ours up with more guns, we ought to know why we 
are doing it.
  It has been the policy of three administrations--Reagan, Bush, and 
now the current Clinton administration--to ban foreign governments from 
exporting to our shores and selling these American-made military 
weapons that we gave or sold them at sharp discounts to help us fight 
common enemies, and sell these weapons to the U.S. commercial markets.
  Nonetheless, the National Rifle Association and the gun importers 
supported an attempt--in the dark of night, I point out--to slip a 
provision into the conference agreement on this bill to overturn this 
longstanding policy and allow military weapons made for military use to 
flood America's streets.
  The administration strongly opposed this attempt. In fact, the 
President's senior advisers, at one point, said they would recommend 
that the President veto the bill--this important bill--to finance our 
Justice Department, our State Department, and our Commerce Department--
if it included an amendment to allow foreign governments to export 
large quantities of military weapons for commercial sale in America's 
cities and towns. They don't restrict whose hands these fall into.
  I ask unanimous consent that a copy of the letter from the OMB 
director, Franklin Raines, on this issue be printed in the Record.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

         Executive Office of the President, Office of Management 
           and Budget,
                                 Washington, DC, November 6, 1997.
     Hon. Frank Lautenberg,
     Committee on Appropriations, U.S. Senate, Washington, DC.
       Dear Senator Lautenberg: The Administration strongly 
     objects to the inclusion of any provision in the FY 1998 
     Commerce, Justice and State Appropriations Conference Report 
     to allow for the importation of surplus military weapons. We 
     have repeatedly opposed such provisions, and the President's 
     senior advisers would recommend that he veto the bill if it 
     includes language that would allow large quantities of 
     surplus military weapons to be imported.
       The Administration finds it unacceptable that--in the same 
     appropriations bill that funds the nation's law enforcement 
     priorities, such as putting more police on our streets--the 
     Committee is considering language that could flood our 
     streets with millions of military surplus weapons. These 
     weapons, including M-1 Garands and M-1911 .45 caliber 
     pistols, were designed for military purposes and provided to 
     foreign governments as a form of military aid. Moreover, 
     hundreds of these guns have already been recovered by law 
     enforcement officers throughout the United States. Opening 
     the door to more of these weapons would only serve to further 
     undermine public safety.
       We strongly urge the Committee to reject this provision.
           Sincerely,
                                               Franklin D. Raines,
                                                         Director.

  Mr. LAUTENBERG. The Washington Post and the New York Times also 
editorialized against this dark-of-night assault just this past week.
  I ask unanimous consent that the text of these and previous 
editorials be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

               [From the Washington Post, Nov. 12, 1997]

                     Hill Alert: A Bad Old Gun Bill

       We're down to the dangerous mad-dash time in Congress when 
     truly bad ideas can sneak into law--and today the gun 
     lobbyists are poised with a flood-the-market firearms scheme 
     disguised as an innocent ``curios and relics'' proposal. Once 
     again, certain members of Congress who are semiautomatic 
     hawkers of the National Rifle Association's line, linked with 
     lobbyists for gun importers, are seeking to slip language 
     into an appropriations bill that would allow an arsenal of 
     some 2.5 million weapons from abroad to go on the U.S. 
     market.
       This stockpile has made the rounds globally: The weapons 
     were originally paid for by U.S. taxpayers. Then as U.S. Army 
     surplus the firearms were given or sold to foreign 
     governments years ago. But they are more than quaint relics 
     for the walls of collectors; many of these firearms can be 
     converted easily into illegal automatic weapons for domestic 
     crimes such as holdups, assaults and murder. The weapons 
     could pile into the U.S. market from supplies in the 
     Philippines, Morocco, India, Turkey, Vietnam, Iran, and other 
     countries. Estimated value of these deadly weapons on legal 
     or illegal markets? Approximately $1 billion.
       It has been for the safety of the public that the Reagan, 
     Bush and Clinton administrations all enforced a policy of 
     keeping such overseas stockpiles out of the country and thus 
     off the streets. Letting them in would

[[Page S12555]]

     risk driving down the price of firearms generally and making 
     weapons more easily obtainable by street criminals.
       Law enforcement officials around the country warn that 
     there has been an increased use of these weapons against 
     police officers. More than 1,800 M1 rifles and M1911 pistols 
     were traced to crime scenes in 1995-96 and in 1997, about 
     1,000 more have been traced. According to the Bureau of 
     Alcohol, Tobacco and Firearms, 13 law enforcement officers 
     have been killed by M1 rifles or M1911 pistols since 1990.
       Clinton administration officials have advised Sen. Frank 
     Lautenberg and others seeking to block the gun-lobby scheme 
     that senior advisers would recommend a veto if this proposal 
     comes to the president's desk. But it shouldn't come to that, 
     just as it shouldn't be slipped into any appropriations bill 
     at the eleventh hour of a congressional session. The 
     provision should be removed and if not, rejected.
                                                                    ____


                [From the New York Times, Nov. 12, 1997]

                     Avoiding Adjournment Blunders

       The final hours before Congress takes a long recess are 
     usually dangerous. It is a time when bad riders are attached 
     to blameless appropriations bills, and complex legislation is 
     denied the measured debate it deserves. With these cautionary 
     notes, we urge Congress to avoid the following pitfalls as it 
     stumbles toward the door.
       National Forests. The so-called ``Quincy Library Group'' 
     bill passed the House with only one dissenting vote and now 
     awaits action on the Senate floor. The Senate should delay 
     and use its vacation to rethink a measure that was marketed 
     to the House under false pretenses.
       The bill would require at least 40,000 acres of logging 
     each year in a 2.5-million-acre stretch of national forest in 
     California's Sierra Nevada. It was advertised as an 
     experimental fire-control program and touted as a consensus 
     measure devised by local and timber industry officials who 
     met at the Quincy, Calif., town library in 1993. Yet this is 
     not a pilot program--it would double logging in the area and 
     threaten valuable watersheds. Further, the Forest Service, by 
     law the custodian of the national forests, had no real input. 
     This bill sets bad precedents and requires major revisions.
       Family Planning. Both the House and Senate have attached to 
     their foreign aid appropriations bill a provision that would 
     deny Federal funds to any overseas family planning 
     organization that performs abortions or lobbies to change 
     foreign abortion laws--even though the groups in question use 
     their own money to further objectives. President Clinton does 
     not like this provision. Congress could avoid a nasty veto 
     fight by removing the objectionable language in conference.
       Gun Control. Some House members want to attach to an 
     appropriations bill a dangerous amendment that would allow 
     the importation of some two million surplus military rifles 
     and handguns from countries that originally got them as a 
     form of military assistance. The N.R.A. and its supporters--
     including dealers who would buy and re-sell the weapons--say 
     they are merely relics. But they can still kill people. This 
     attempt to overturn current law, which bans such imports, 
     deserves a crushing defeat.
       Congress could more profitably use its final hours to 
     rectify an oversight. It granted itself a modest 2.3 percent 
     pay raise last month but failed to award the same increase to 
     Federal judges, whose pay is linked to Congressional pay. The 
     remedy is to attach an amendment to one of the appropriations 
     bills granting the raise. That is one last-minute rider we 
     would applaud.
                                                                    ____


                [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 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 sites. 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.
                                                                    ____


                      Guns--and the M-1 Boomerang

       The people who bring you America's Gross National Arsenal--
     the weapons-pushers who keep the firearms flowing to the 
     streets of neighborhoods near you--are poised to go global 
     with sales of weapons that you already bought with your taxes 
     years ago. The U.S. gun industry hopes to make a fortune by 
     importing millions of M-1 Garand rifles, M-1 carbines and 
     .45-caliber M1911 pistols--surplus American military firearms 
     that the Pentagon originally gave away or sold at a discount 
     to various countries over the years. Many of these weapons 
     are especially handy because they can be converted easily 
     into (illegal) automatic weapons for domestic uses such as 
     committing crimes and killing people.
       That's not how this deadly deal is characterized by the 
     industry, of course, or by John Sununu, former chief of staff 
     under President Bush, or others working with the gun industry 
     who are pushing the import plan in Congress. These groups 
     prefer to talk about the weapons that would go to collectors 
     and describe the legislation they keep trying to slip quietly 
     through Congress as a harmless move to offer a new supply of 
     ``curio and relic'' guns for collectors and other souvenir-
     seekers.
       But as reported by Post staff writer John Mintz this week, 
     the firearms would be coming back to the United States from 
     supplies in the Philippines, Morocco, India, Turkey and other 
     countries. Gun industry lobbyists helped persuade Sen. Ted 
     Stevens of Alaska to introduce measure allowing the weapons 
     into the country--and specifically forbidding federal 
     officials from blocking their entry. In July, with no debate, 
     Sen. Stevens got the provisions slipped into the 
     appropriations continuing resolution; it wasn't until the 
     White House objected that the provision was removed. Now, the 
     senator's office and industry representative say they hope to 
     get the provision enacted soon.
       Backers of the plan argue that the weapons at issue are 
     obsolete and pose no threat to anyone. It's true that the M-1 
     rifle is bulky and not a great item for street crimes. But 
     the M-1 carbine and the pistols are another lethal matter. 
     The carbine can be converted easily to automatic fire. The 
     concern is not with single sales to individual collectors but 
     with supplies getting into the wrong hands. Legislation to 
     allow imports only of rifles that are, say, World War II 
     vintage or earlier could serve the collector market. But 
     Congress should consider any such proposal carefully--and 
     openly, with hearings--instead of blessing a new domestic 
     flood of weapons designed for war.

  Mr. LAUTENBERG. Finally, a coalition of 50 organizations including 
Handgun Control, the Violence Policy Center, and the Coalition to Stop 
Gun

[[Page S12556]]

Violence, opposed this effort to overturn the policy of three 
administrations on this issue.
  I ask unanimous consent to have printed in the Record a copy of their 
letter on the issue.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                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 
     this provision from the Fiscal Year 1998 Treasury-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 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 be easily 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 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.


                  STOP THE IMPORT OF MILITARY WEAPONS

       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, GFWC 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; Pennyslvanians 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 Hangun 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.

  Mr. LAUTENBERG. Fortunately, Mr. President, the provision was not 
included in the conference agreement that the Senate will consider 
later this evening and these dangerous military weapons will not flood 
our streets. This is a huge victory for the American people.
  Mr. President, the weapons at issue were granted or sold to foreign 
governments, often at a discount, through military assistance programs, 
and some were given to or left in foreign countries during wars. They 
are called curios or relics because they are considered by some to have 
historic value or are more than 50 years old.
  One of them I carried in World War II when I was a soldier in Europe. 
It was an M-1 carbine. It may be a curiosity now or a relic. But I can 
tell you it was there to be used for my protecting myself or to kill 
the enemy. Fortunately, neither happened. But I carried it by my side 
when I served on the European Continent.
  But they are not innocuous antiques or museum pieces. They remain 
deadly weapons.
  Proponents of allowing the importation of these weapons argue that 
they are historic firearms that are not dangerous. In fact, the 
amendment would have flooded the market with millions of lethal killing 
weapons.
  Under the amendment that was rejected, 2.5 million, semiautomatic 
military weapons--including the M-1 carbine, M-1 Garand, and M-1911 
pistol--would have flooded the streets. The M-1 carbine can easily be 
converted into an illegal, fully automatic weapon.
  These semiautomatic military weapons may be old, but they are lethal. 
Thirteen American police officers have recently been murdered with M-
1's and M-1911's.
  In New Jersey in 1995, Franklin Township Sgt. Lee Gonzalez was killed

[[Page S12557]]

by Robert ``Mudman'' Simon during a routine stop. Simon was a Warlocks 
motorcycle gang member. Simon, who had just committed a robbery, shot 
Gonzalez twice, once in the head and once in the neck, using an M-1911 
semiautomatic pistol. That's the same weapon that would be imported 
under the rejected amendment.
  In Texas in 1991, Pasadena police officer Jeff Ginn was killed with 
an M-1 carbine. He was responding to a call about smoke coming from a 
house in the neighborhood he was patrolling. Ginn found Marvin Harris 
holding a woman hostage in her own home. When he saw police officer 
Ginn, Harris shot him in the leg. Ginn hobbled to the front of the 
house, where he leaned up against a tree, begging not to be shot again. 
Harris murdered officer Ginn by shooting him in the temple and the 
abdomen with the M-1 carbine.
  In New Hampshire--the home State of the distinguished chairman of the 
subcommittee, Senator Judd Gregg, who knows only too well of the impact 
of the use of that weapon--Sgt. James Noyes of the New Hampshire State 
Police was killed in the line of duty with an M-1 carbine in 1994.
  And there are many innocent civilians who have been threatened and 
murdered with these weapons as well. In 1995 and 1996, M-1's and M-1911 
weapons were traced to more than 1,800 crimes nationwide. Already, 
nearly 1,000 crimes have been traced to these weapons in 1997.
  Allowing the importation of large numbers of these killer weapons 
would undermine efforts to reduce gun violence in this country. And 
everybody would like to have that done. I can tell you. It doesn't 
matter what State or what kind of community--rural or urban. That is 
the biggest fear that people have; that is, that they will lose a loved 
one to a violent act, or someone will pick up a gun, or either randomly 
or directly shoot one of their children, brother, sister, mother or 
father.

  This would also reduce the cost of weapons, because there would be a 
marketplace filled with 2.5 million--the maximum capacity for 
exportation--making them more accessible to criminals.
  It would also provide a windfall for foreign governments at the 
expense of the U.S. taxpayer. The weapons were paid for by the American 
taxpayer and were provided to foreign governments through our 
assistance program. The market value of the 2.5 million that can be 
traced to foreign governments exceeds $1 billion.
  That adds insult to injury.
  Allowing millions of U.S.-origin military weapons to enter the United 
States would profit a limited number of arms importers and 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. Foreign countries should not be permitted to sell these 
weapons on the commercial market for profit.
  There is no doubt foreign governments would make a handsome profit 
from their sale in the commercial market. Consequently, countries that 
the United States assisted in times of need, such as South Korea and 
the Philippines, and even a country like Iran could make a profit out 
of these sales. Imagine permitting weapons to be imported into this 
country that would send dollars back to Iran. It is an outrage.
  In lieu of approval of an amendment to import these weapons, the 
administration is being asked to provide a report on the curios or 
relics issue. The report will provide information about the quantity of 
applications and articles that have been approved for importation as 
well as an estimate of the number of firearms available for importation 
from overseas. It will also explain how an M-1 carbine can be converted 
into an illegal machinegun or assault weapon.
  I have no problem asking the Government to prepare a report for the 
use of the House or the Senate. But I would like to make sure that this 
is a balanced report, that it doesn't simply list statistics. But I 
want to explain why it is important for the President and Secretary of 
State to retain their authority to retain control over firearms granted 
or sold by the Government exclusively for foreign military use and 
never intended for private use.
  I would also encourage the administration when it submits a report to 
include information about applications in the Bush and Reagan 
administration as well. After all, this administration is upholding a 
policy that was first established by President Reagan and upheld by the 
Bush administration.
  I believe the administration should include in the report a 
description of any law enforcement or grand jury investigations of 
alleged illegal conduct related to the importation of M-1 or M1911 
firearms. A grand jury previously investigated one attempt to import 
these weapons by a company with a peculiar name called Blue Sky. There 
were serious allegations that the law was manipulated for personal 
gain, and the investigation ended when the lead witness mysteriously 
died in a plane crash. The American people have the right to understand 
what happened in this inquiry.
  The report I believe also--this is an expansion on what is in the 
report requested of the administration. It is something I didn't agree 
with. But we are at a very late point in time when these bills have to 
be considered. So we have accepted this report against, frankly, my 
best judgment.
  The report also should provide an analysis of the number and types of 
weapons that have been added to the curios or relics list since 1980, 
the process by which those weapons are added to the list, and the 
entities that have petitioned to have weapons added to the list. The 
American people have the right to understand more about the way 
military weapons are designated as curios and relics.
  Finally, I believe it should include a comprehensive overview of the 
number of homicides and violent crimes committed against police 
officers and against civilians with M1's or M1911's, regardless of the 
manufacturer, or any other firearm on the curios or relics list. Though 
curios and relics may have some historical interest for collectors, 
many of these firearms remain of concern due to crime.
  Mr. President, I am delighted that this effort to overturn U.S. 
policy behind closed doors in the dark of night was defeated. And just 
to clarify, for the information of those who might not understand our 
arcane way of operation, there is a bill, and in the bill there is a 
mandate that certain things be done. Report language is suggested on 
top of that bill but does not have the effect of law. That is what I am 
talking about here--this report language, not the bill itself.
  I am delighted, again, that this effort to overturn U.S. policy 
behind closed doors was defeated. It would have been an insult to the 
American people to overturn a longstanding policy behind the closed 
doors of the Appropriations Committee.
  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 that my colleagues will 
support this bill.
  In the meantime, Mr. President, this is a victory for the American 
taxpayer and a victory for all concerned about safety.
  I hope we reject the notion that we ought to take back and pay for 
things that we gave away, or that we sold at sharp discounts.
  I yield the floor.
  Mr. CRAIG. Mr. President, I would like to respond to remarks made by 
the Senator from New Jersey, Senator Lautenberg, concerning the ``curio 
or relics'' U.S. origin historic firearms issue. I believe it's 
important for the Senate to be aware of this information in evaluating 
the actions taken today on the Commerce, Justice, State and Judiciary 
appropriations bill.
  The amendment that the Senator from New Jersey refers to, which has 
been under consideration in both the fiscal year 1997 and fiscal year 
1998 appropriations processes, is intended to correct a serious 
injustice in the way that our nation's firearms import laws are being 
administered. The amendment stops the Administration from ignoring 
Congress' intent that historic firearms be allowed to return to U.S. 
soil. Despite the fact the amendment was not added to the Commerce, 
Justice, and State spending bill, I am confident, based on the 
bipartisan support enjoyed by the amendment, that it will be passed in 
this Congress. A brief review of the history behind this issue is

[[Page S12558]]

in order. In 1984, Congress first enacted a statute, 18 U.S.C. 925(e), 
specifically permitting the importation of military surplus curio or 
relic imports. At the time of enactment, however, the statute only 
benefited foreign collectibles, since other acts interfered with U.S. 
origin curio or relics from returning to the United States.
  In 1987, Congress remedied the inconsistency by enacting a provision 
for the importation of certain U.S. origin ammunition and curio or 
relic firearms and parts into the United States at 22 U.S.C. 
2778(b)(1)(B). The Treasury Department issued implementation 
regulations after the passage of both laws. The Department of State, 
which in certain cases consults with the Treasury Department on 
firearms imports, frustrated the purpose of the 1988 law by refusing to 
consent to U.S. origin applications, ostensibly on the basis of foreign 
policy interests. The Department of State for years has frustrated the 
efforts of importers to bring historic curio or relic firearms into the 
United States.
  In addition to fully assembled U.S. origin curio and relic firearms 
being denied entry into the United States, curio or relic U.S. origin 
military surplus parts and U.S. origin military surplus ammunition 
applications that used to be approved by ATF directly, are now being 
denied. Many hobbyists and collectors are being denied access to these 
historic arms. Many millions of dollars in business will now be lost on 
rifle parts sales and rifle ammunition, severely hurting an import 
industry that has already been very adversely affected by President 
Clinton's policies.
  With regard to the criticism that has been leveled against the 
amendment, and these arms, several important facts are in order. First 
of all, this amendment was not inserted in any bill ``in the dark of 
night'', it was part of an open mark-up over a year ago in the 
Commerce, Justice, State Subcommittee in the Senate for the 
appropriations bill for fiscal year 1997, and this year, for fiscal 
year 1998, it was added on the House side in an open full committee 
mark-up on the Treasury, Postal Service appropriations bill. This is a 
well-known issue and one that has been widely publicized; in fact, 
Senator Lautenberg and other opponents of this provision have certainly 
ensured that it has been given attention.
  I realize that opponents of this amendment have been using the media 
to sensationalize the subject and to scare the general public into 
believing that there is something nefarious about these fine old arms. 
However, allegations concerning or implying a special crime threat that 
``curio or relic'' M1 Garands, M-1 Carbines and M-1911A1 pistols pose 
to police officers or innocent civilians is simply false. Similarly, 
allegations that Iran will profit from the sale of these firearms is 
also wrong. In addition, the characterization of what the Bureau of 
Alcohol, Tobacco and Firearms trace data indicates is misleading at 
best, as even ATF acknowledges that ATF gun trace data may not be used 
to make statistical assumptions about the use of firearms.

  Here are just some of the basic facts about this matter:
  First, ``curio or relics'' are defined as firearms which are of 
special interest to collectors, and are at least fifty years old, or 
are certified by a curator of a municipal, State or Federal museum to 
be curios or relics of museum interest, or have some rare, novel or 
bizarre characteristic because of their association with some 
historical figure, period or event. They are not the crime gun of 
choice for criminals.
  Second, corrective language is needed to enforce existing import laws 
and regulations that already permit the importation of U.S. origin 
curio or relic firearms, parts and ammunition from non-proscribed 
nations (the Arms Export Control Act, Section 38, 22 U.S.C. 2778 and 
the Gun Control Act of 1968).
  Third, the purpose of the Gun Control Act was to provide ``support to 
Federal, State and local law enforcement officials in their fight 
against crime and violence,'' but not to ``place any undue or 
unnecessary Federal restrictions or burdens on law-abiding citizens 
with respect to the acquisition, possession, or use of firearms 
appropriate to the purpose of hunting, trapshooting, target shooting, 
personal protection, or any other lawful activity.'' Additionally, the 
enactment of the Gun Control Act was ``not intended to discourage or 
eliminate the private ownership or use of firearms by law-abiding 
citizens for lawful purposes'' (i.e., such as gun collecting). The 
Administration's actions are completely contrary to legitimate 
collecting and hobby pursuits.
  Fourth, these firearms and ammunition were initially supplied to 
friendly foreign governments by sale or gift to promote the foreign 
policy interests of the United States. The U.S., under the Foreign 
Assistance Act, can waive receipt of any proceeds derived from such a 
sale and request that the proceeds be set aside in a special account. 
In most cases, the U.S. does so for the purposes of letting the ally 
nation modernize its military equipment. Since the U.S. usually would 
have assisted such a nation anyway in some manner with the 
modernization of their military equipment, the allowance of keeping the 
sale proceeds actually represents a potential cost savings to the U.S. 
taxpayer.
  Fifth, rifles, which constitute the vast majority of these guns, are 
not the alleged crime threat that opponents of this provision would 
like the American people to believe. In ATF's July, 1997 report 
entitled ``ATF, The Youth Crime Gun Interdiction Initiative, Crime Gun 
Trace Analysis Reports'' 8 out of 10 crime guns traced within a 10 
month period in 1996/97 were handguns. Out of an average of the trace 
data that ATF compiled from 17 major cities across the United States, 
from July 1, 1997 through April 30, 1997, all rifles comprised only 
7.98 percent of the total firearms traced to crimes. In fact, according 
to ATF's latest data concerning firearms traced to a crime scene'' in 
1995, out of the 70,000 firearms traced to a crime scene, only .331 
percent were U.S. origin firearms. In 1996, the percentage decreased: 
out of the 140,000 firearms traced to a crime scene, only .275 percent 
were U.S. origin firearms. In 1997, U.S. origin firearms constitute 
only .303 percent out of the total 200,000 firearms traced. In summary, 
these firearms are generally not attractive to criminals. They are 
expensive, heavy, cumbersome and not easily concealable.

  Sixth, Senator Lautenberg's figure of 2.5 million U.S. origin ``curio 
or relic'' firearms that would be imported is incorrect. First of all, 
we do not import ``millions'' of guns into this country on an annual 
basis. Currently, the rough total number of all firearms that are 
annually imported into this country is in the 800,000 to 900,000 range. 
Only a relatively modest number of U.S. origin curio or relic firearms 
are available for importation into the United States in commercially 
acceptable and safe-to-shoot condition--these will not number in the 
millions.
  Finally, current law--the International Traffic in Arms Regulations, 
the Arms Export Control Act, the Foreign Assistance Act and the Gun 
Control Act of 1968--already prohibits U.S. importers from trading with 
proscribed countries, such as Iran, whose foreign policy threatens 
world peace and the national security of the U.S. and supports acts of 
terrorism. The proposed appropriations language made it very clear that 
importation would only be permitted from non-proscribed nations.
  Regarding the report language that has been added to the bill. I 
would like to point out that Senator Lautenberg's statement suggested 
expansion of the conference report language is contrary to what was 
accepted in the bill. It is clear that the items Senator Lautenberg 
offered on the floor were specifically rejected by the Conferees, which 
are as follows:
  First, the Conferees did not accept the Administration providing a 
description of any law enforcement or grand jury investigations of 
alleged illegal conduct related to the importation of M-1 or M19911 
firearms.
  Second, the Conferees did not accept the Administration reporting on 
the number and types of weapons that have been added to the ``curios or 
relics'' list since 1980, the process by which those weapons are added 
to the list, and the entities that have petitioned to add weapons added 
to the list.
  Third, the Conferees did not accept the Administration providing a 
comprehensive overview of the number of homicides and violent crimes 
committed against police officers and against civilians with M1s or 
M19911s.

[[Page S12559]]

  In addition, Mr. President, Senator Lautenberg suggested by the use 
of term ``simple'' that the Administration should report on how 
``simple'' the conversion of M-1 carbine is from semi-automatic to an 
illegal fully automatic gun. That is not what the report language calls 
for--it calls for an explanation of the facts. Converting the M-1 
Carbine requires an M2 parts conversion kit; however, that is not 
readily or easily accomplished, since it is strictly controlled under 
the National Firearms Act of 1934.
  In summary, this amendment is needed, and I regret we could not 
achieve it this year. With the additional information from the 
Administration, and an early start on the matter, I believe we will be 
able to right what has been a wrong to the gun collecting and importing 
community for many years.
  Mr. HATCH addressed the Chair.
  The PRESIDING OFFICER. The Senator from Utah is recognized.
  Mr. HATCH. I thank the Chair.
  (The remarks of Mr. Hatch pertaining to the introduction of S. 1530 
are located in today's Record under ``Statements on Introduced Bills 
and Joint Resolutions.'')

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