[Congressional Record Volume 145, Number 24 (Wednesday, February 10, 1999)]
[Senate]
[Pages S1430-S1431]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      THE STOP GUN TRAFFICKING ACT

 Mr. LAUTENBERG. Mr. President, I rise to introduce legislation 
that will reduce the murder and mayhem on our streets by making it 
harder for criminals to run guns between states. I am pleased to be 
joined in this effort by Senators Torricelli, Schumer, Feinstein, Robb, 
Sarbanes, Kennedy, Kerry, and Mikulski.
  Gun traffickers continue to supply an illegal gun market by buying 
large quantities of guns in states with lax gun laws and then reselling 
them on the streets--often in cities and states with strict gun laws. 
If these traffickers cannot legally buy a gun themselves, or if they do 
not want to have their name turn up if the gun is later found at a 
crime scene, they find others to make the purchases for them. The 
trafficker pays a straw purchaser, in money or drugs, to buy 25, 50 or 
more handguns at a time. The trafficker then resells the guns to those 
who otherwise could not buy them--such as convicted felons, drug 
addicts, or children.
  The Stop Gun Trafficking Act would prohibit any person from 
purchasing, and any licensed dealer from selling to an individual, more 
than one handgun a month. This sensible limit on handgun purchases 
should substantially reduce gun running, while not creating an 
unreasonable obstacle to legitimate sportsmen and collectors. Under the 
law, individuals would still be able to purchase up to twelve handguns 
per year and hundreds of weapons during a lifetime. It is hard to 
imagine why anyone would need more handguns.
  Last year, I introduced similar legislation. In order to make my 
colleagues more aware of the deadly problem of gun trafficking, I 
sponsored a forum on the issue. The testimony I heard at the forum has 
made me even more determined to pass this legislation and make it more 
difficult for gun traffickers to obtain and sell their deadly 
merchandise on our streets.
  The witnesses at the forum included: Philadelphia Mayor Ed Rendell, 
who is also the chair of the Conference of Mayor's Task Force on Gun 
Violence; James and Sarah Brady; Captain R. Lewis Vass of the Virginia 
State Police, and Captain Thomas Bowers of the Maryland State Police.
  We also heard from a panel of youth from right here in our nation's 
capital who live with gun violence every day in their communities. And 
what they had to say was terrifying. Guns were an everyday part of 
their lives. For these kids, D.C. does not stand for District of 
Columbia. It stands for Dodge City.
  These young people told us that guns are easy to get in their 
neighborhoods and schools. They call it getting strapped. And if you do 
not get strapped you might not make it through the day, they said.
  One young woman put it eloquently: ``It's not fair,'' she said. 
``Other kids get to go to college. We get to go to funerals. These 
people who sell guns are the real predators. They feed off our pain.''
  We must shut these predators down.
  And we can shut these predators down by passing this legislation. We 
know this approach works because three states--Virginia, Maryland, 
South Carolina--have passed one-gun-a month laws and the results have 
been dramatic. Gun-trafficking from these states has plunged.
  At the forum, officers from the Virginia State Police testified that 
after Virginia passed its one-handgun-a-month limit in 1993, the number 
of crime guns traced back to Virginia from the Northeast dropped by 
nearly 40 percent. Prior to one-gun-a-month, Virginia had been among 
the leading suppliers of weapons to the so-called ``Iron Pipeline'' 
that feed the arms race on the streets of Northeastern cities. 
Furthermore, in 1995, the Virginia Crime Commission conducted a 
comprehensive study of the one-handgun-a-month limit to determine if 
the law had achieved its purpose. That study found, and I quote, 
``Virginia's one-gun-a-month statute . . . has had its intended effect 
of reducing Virginia's status as a source state for gun trafficking.''
  Maryland and South Carolina witnessed similar results. In South 
Carolina, according to the same Crime Commission report: ``Prior to the 
passage of the one-gun-a-month law, South Carolina was a leading source 
state for guns traced to New York City, accounting for 39% of guns 
recovered in criminal investigations. Following the implementation of 
the law, South Carolina virtually dropped off of the statistical list 
of source states for firearms trafficked to the northeast.''
  Maryland--the most recent state to pass a limit on handgun 
purchases-- passed its law in 1996 and has already seen the benefits. 
According to testimony from the Maryland State Police: ``In 1991 
Maryland was nationally ranked second in terms of suppliers of crime 
guns to the City of New York. By 1997, one year after the passage of 
Maryland's one gun a month law, Maryland moved out of the top ten 
suppliers of crime guns to New York City.''
  So limits on gun sales are working in some regions. But we need a 
national law to prevent criminals from simply moving their operations 
from state-to-state.
  Poll after poll shows that Americans, including gun-owning Americans, 
want tougher controls on guns. A 1996 University of Chicago study found 
that 80 percent of those polled support legislation limiting handgun 
sales to one a month.
  I urge my colleagues to listen to the American people: stop turning a 
blind eye to the daily destruction caused by guns in America. I urge my 
colleagues to have the will to do something to help the youth of 
America live without the sound of gunshots in their lives. I ask my 
colleagues to support this common sense approach to keep handguns out 
of the hands of criminals.
  Mr. President, I ask unanimous consent that a copy of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 407

       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 ``Stop Gun Trafficking Act of 
     1999''.

     SEC. 2. PROHIBITION AGAINST MULTIPLE HANDGUN SALES OR 
                   PURCHASES.

       (a) Prohibition.--Section 922 of title 18, United States 
     Code, is amended by inserting after subsection (y) the 
     following:
       ``(z) Prohibition Against Multiple Handgun Sales or 
     Purchases.--
       ``(1) In general.--It shall be unlawful for any licensed 
     dealer--
       ``(A) during any 30-day period, to sell 2 or more handguns 
     to an individual who is not licensed under section 923; or
       ``(B) to sell a handgun to an individual who is not 
     licensed under section 923 and who purchased a handgun during 
     the 30-day period ending on the date of the sale.
       ``(2) Time limitation.--It shall be unlawful for any 
     individual who is not licensed under section 923 to purchase 
     2 or more handguns during any 30-day period.
       ``(3) Exchanges.--Paragraph (1) does not apply to an 
     exchange of 1 handgun for 1 handgun.''.
       (b) Penalties.--Section 924(a)(2) of title 18, United 
     States Code, is amended by striking ``or (o)'' and inserting 
     ``(o), or (z)''.

     SEC. 3. INCREASED PENALTIES FOR MAKING KNOWINGLY FALSE 
                   STATEMENTS IN CONNECTION WITH FIREARMS.

       Section 924(a)(3) of title 18, United States Code, is 
     amended by striking ``one year'' and inserting ``5 years''.

     SEC. 4. DEADLINES FOR DESTRUCTION OF RECORDS RELATED TO 
                   CERTAIN FIREARMS TRANSFERS.

       (a) Handgun Transfers Subject to the Waiting Period.--
     Section 922(s)(6)(B)(i) of title 18, United States Code, is 
     amended by striking ``20 business days'' and inserting ``35 
     calendar days''.
       (b) Firearms Transfers Subject to Instant Check.--Section 
     922(t)(2)(C) of title 18, United States Code, is amended by 
     inserting ``not later than 35 calendar days after the date 
     the system provides the licensee with the number,'' before 
     ``destroy''.

     SEC. 5. REVISED DEFINITION.

       Section 921(a)(21)(C) of title 18, United States Code, is 
     amended by inserting ``, except that such term shall include 
     any person who transfers more than 1 handgun in any 30-day 
     period to a person who is not a licensed dealer'' before the 
     semicolon.
                                 ______
                                 
      By Mr. KENNEDY (for himself, Mr. Domenici, Mr. Reid, Mr. 
        Grassley, Mr. Abraham, Mr. Robb, Ms. Collins, Mrs. Boxer, Mr. 
        Santorum, Mr. Sarbanes, and Ms. Snowe):

[[Page S1431]]

  S. 409. A bill to authorize qualified organizations to provide 
technical assistance and capacity building services to microenterprise 
development organizations and programs and to disadvantaged 
entrepreneurs using funds from the Community Development Financial 
Institutions Fund, and for other purposes; to the Committee on Banking, 
Housing, and Urban Affairs.


THE PROGRAM FOR INVESTMENT IN MICRO-ENTREPRENUERS ``PRIME'' ACT OF 1999

 Mr. KENNEDY. Mr. President, it is a privilege to join with 
Senator Domenici in introducing the PRIME Act--the Program for 
Investment in Micro-Entrepreneurs. This important idea is part of 
President Clinton's budget for Fiscal Year 2000. It deserves bipartisan 
support and I look forward to working closely with Senator Domenici to 
achieve its passage early this year.
  The nation's entrepreneurial spirit is thriving, fueled by the 
record-breaking economic growth and prosperity that we currently enjoy. 
But, many deserving entrepreneurs still face unfair challenges that 
limit their ability to turn innovative ideas into successful businesses 
that create new jobs. They need skills and technical training in the 
business basics needed to take their ideas to the next level--starting 
their own firms.
  The PRIME Act will help entrepreneurs close the gap between 
worthwhile ideas and successful businesses. It will provide $105 
million dollars over the next four years to build skills in record 
keeping, planning, management, marketing, and computer technology, and 
other basic business practices.
  The Community Development Financial Institutions Fund in the Treasury 
Department is now the lead federal agency for micro-enterprise 
activities across the country, and the PRIME Act will enhance these 
efforts in several specific ways:
  It will provide grants for micro-enterprise organizations across the 
country that assist disadvantaged and low-income entrepreneurs and 
provide them with essential training and education.
  It will encourage the development of new micro-enterprise 
organizations, and expand existing ones to reach more entrepreneurs.
  It will enhance research on innovative and successful ways of 
encouraging these new businesses and enabling them to succeed.
  Under the Act, between $15 and $35 million in grants will be 
available each year to organizations that work with entrepreneurs. The 
President's fiscal year 2000 budget proposes $15 million for the 
program. Local groups will leverage these funds with their own public 
and private resources to increase the overall assistance that will be 
available.
  Massachusetts and New Mexico are already leaders in this effort. The 
business communities and local banks in our states have made 
significant investments in creating loan capital for micro-
entrepreneurs to start their own businesses. Non-profit organizations 
working with micro-entrepreneurs on this effort have worked closely 
with us on this legislation. We look forward to working with them and 
with other members of Congress to give micro-entrepreneurs across the 
country the greater opportunity they deserve to realize their 
potential.
  By investing in micro-entrepreneurs, we will be harnessing the spirit 
and ideas of large numbers of Americans and creating new opportunities 
for self-sufficiency. We'll be creating new small businesses that will 
strengthen local economies in communities across the country. And that 
in turn will help to keep our national economy strong as well. This is 
worthwhile legislation, and I urge the Senate to approve it.
 Mr. DOMENICI. Mr. President, I am pleased today to join with 
Senator Kennedy and a group of bipartisan cosponsors to introduce the 
``Program for Investment in Micro-Entrepreneurs'' or ``PRIME Act of 
1999.''
  Starting one's own business long has been viewed as a realization of 
the American dream. Right now, thousands of creative and hardworking 
men and women across the country believe that they have a solid idea 
for building a new business. However, starting a small business takes 
more than a good idea, hard work, and luck to make it work--many of 
these men and women need help turning their ideas into a viable 
business enterprise.
  These would-be small and micro entrepreneurs face overwhelming 
obstacles, due in part to the complexity of local, state, and Federal 
laws, and the difficulty of finding adequate sources of capital. Often, 
they have no experience dealing with the intricacies of marketing, 
feasibility studies, and bookkeeping practices. Entrepreneurs usually 
need basic technical assistance, training, and mentoring to be 
successful.
  Under this bill, grants will be available through the Community 
Development Financial Institutions Fund, matched at least 50 percent in 
non-Federal funds, to help experienced nonprofit organizations provide 
the assistance these new businesses so urgently require. Fifty percent 
of these grants will be awarded to applicants serving low-income 
clients and those serving equally both urban and rural areas.
  From so many case studies and histories of successful businesses, we 
know that enthusiastic entrepreneurs can build and sustain their 
businesses when they have access to critical training and professional 
technical assistance at the outset of their endeavor.
  During the past few years, I have had the pleasure of visiting 
countless new micro-level businesses in my State of New Mexico. A great 
majority of these businesses received assistance from the WESST Corp. 
organization, now located in five different sites throughout our State. 
This organization provides key technical assistance and training, as 
well as access to low interest revolving loans. But WESST Corp. also 
goes a step further in providing guidance and information about sound 
business practices to ensure that the creative ideas of micro-
entrepreneurs become sound business endeavors.
  Micro and small businesses are absolutely critical components of our 
national economic growth. They often embody the ingenuity and 
innovation central to the American spirit. Investment in the ideas of 
these enterprising Americans has long been recognized as a worthwhile 
endeavor. The Small Business Administration, for example, lends 
excellent support to entrepreneurs. The PRIME Act will establish a 
complementary program which enables intermediary organizations to serve 
more micro-level entrepreneurs who need specialized and hands-on 
assistance.
  This is a good investment for the future, and will be rewarded many 
times over by the creation of businesses that can contribute to the 
growth of family, local and national economies. We all can recall 
success stories about business that began with the inspired idea of a 
single person and eventually grew in to a major global corporation. In 
every story, the basic tenacity of a businessman, woman, or family 
allowed the fledgling business overcome initial obstacles and achieve 
great success. We have no way of knowing how many more such success 
stories will be told in the future. It is guaranteed, however, that 
there are thousands of such extraordinary entrepreneurs willing to 
provide the ideas and hard labor to make it happen, and with a little 
help, they can realize their dreams.
  Senator Kennedy and I came up with this concept in legislation we 
introduced during the 105th Congress, and I understand that the 
President has made room for it in his budget this year. I am pleased to 
join Senator Kennedy in cosponsoring the PRIME Act again in this 
Congress. Owning one's own business remains a vital part of the 
American dream. Whatever we can do to continue this legacy and assist 
those who want to be self-reliant and successful entrepreneurs is an 
investment worth making.

                          ____________________