[Congressional Record Volume 145, Number 57 (Monday, April 26, 1999)]
[Senate]
[Pages S4207-S4209]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 AMENDMENTS SUBMITTED ON APRIL 26, 1999

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                                Y2K ACT

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                    HOLLINGS AMENDMENTS NOS. 265-266

  (Ordered to lie on the table.)
  Mr. HOLLINGS submitted two amendments intended to be proposed by him 
to the bill (S. 96) to regulate commerce between and among the several 
States by providing for the orderly resolution of disputes arising out 
of computer-based problems related to processing data that includes a 
2-digit expression of that year's date; as follows:

                           Amendment No. 265

       At the end add the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Children's Protection from 
     Violent Programming Act''.

     SEC. 2. FINDINGS.

       The Congress makes the following findings:
       (1) Television influences the perception children have of 
     the values and behavior that are common and acceptable in 
     society.
       (2) Broadcast television, cable television, and video 
     programming are--
       (A) pervasive presences in the lives of all American 
     children; and
       (B) readily accessible to all American children.
       (3) Violent video programming influences children, as does 
     indecent programming.
       (4) There is empirical evidence that children exposed to 
     violent video programming at a young age have a higher 
     tendency to engage in violent and aggressive behavior later 
     in life than those children not so exposed.
       (5) Children exposed to violent video programming are prone 
     to assume that acts of violence are acceptable behavior and 
     therefore to imitate such behavior.
       (6) Children exposed to violent video programming have an 
     increased fear of becoming a victim of violence, resulting in 
     increased self-protective behaviors and increased mistrust of 
     others.
       (7) There is a compelling governmental interest in limiting 
     the negative influences of violent video programming on 
     children.
       (8) There is a compelling governmental interest in 
     channeling programming with violent content to periods of the 
     day when children are not likely to comprise a substantial 
     portion of the television audience.
       (9) Because some programming that is readily accessible to 
     minors remains unrated and therefore cannot be blocked solely 
     on the basis of its violent contents restricting the hours 
     when violent video programming is shown is the least 
     restrictive and most narrowly tailored means to achieve a 
     compelling governmental interest.
       (10) Warning labels about the violent content of video 
     programming will not in themselves prevent children from 
     watching violent video programming.
       (11) Although many programs are now subject to both age-
     based and content-based ratings, some broadcast and non-
     premium cable programs remain unrated with respect to the 
     content of their programming.
       (12) Technology-based solutions may be helpful in 
     protecting some children, but may not be effective in 
     achieving the compelling governmental interest in protecting 
     all children from violent programming when parents are only 
     able to block programming that has in fact been rated for 
     violence.
       (13) Technology-based solutions will not be installed in 
     all newly manufactured televisions until January 1, 2000.
       (14) Even though technology-based solutions will be readily 
     available, many consumers of video programming will not 
     actually own such technology for several years and therefore 
     will be unable to take advantage of content based ratings to 
     prevent their children from watching violent programming.
       (15) In light of the fact that some programming remains 
     unrated for content, and given that many consumers will not 
     have blocking technology in the near future, the channeling 
     of violent programming is the least restrictive means to 
     limit the exposure of children to the harmful influences of 
     violent programming.
       (16) Restricting the hours when violent programming can be 
     shown protects the interests of children whose parents are 
     unavailable, are unable to supervise their children's viewing 
     behavior, do not have the benefit of technology-based 
     solutions, are unable to afford the costs of technology-based 
     solution, or are unable to determine the content of those 
     shows that are only subject to age-based ratings.

     SEC. 3. UNLAWFUL DISTRIBUTION OF VIOLENT VIDEO PROGRAMMING.

       Title VII of the Communications Act of 1934 (47 U.S.C. 701 
     et seq.) is amended by adding at the end the following:

     ``SEC. 715. UNLAWFUL DISTRIBUTION OF VIOLENT VIDEO 
                   PROGRAMMING NOT SPECIFICALLY BLOCKABLE BY 
                   ELECTRONIC MEANS.

       ``(a) Unlawful Distribution.--It shall be unlawful for any 
     person to distribute to the public any violent video 
     programming during hours when children are reasonably likely 
     to comprise a substantial portion of the audience.
       ``(b) Rulemking Proceeding.--The Commission shall conduct a 
     rulemaking proceeding to implement the provisions of this 
     section and shall promulgate final regulations pursuant to 
     that proceeding not later than 9 months after the date of 
     enactment of the Children's Protection from Violent 
     Programming Act. As part of that proceeding, the Commission--
       ``(1) may exempt from the prohibition under subsection (a) 
     programming (including news programs and sporting events) 
     whose distribution does not conflict with the objective of 
     protecting children from the negative influences of violent 
     video programming, as that objective is reflected in the 
     findings in section 551(a) of the Telecommunications Act of 
     1996;
       ``(2) shall exempt premium and pay-per-view cable 
     programming; and
       ``(3) shall define the term `hours when children are 
     reasonably likely to comprise a substantial portion of the 
     audience' and the term `violent video programming.'
       ``(c) Repeat Violations.--If a person repeatedly violates 
     this section or any regulation promulgated under this 
     section, the Commission shall, after notice and opportunity 
     for hearing, revoke any license issued to that person under 
     this Act.

[[Page S4208]]

       ``(d) Consideration of Violations in License Renewals.--The 
     Commission shall consider, among the elements in its review 
     of an application for renewal of a license under this Act, 
     whether the licensee has complied with this section and the 
     regulations promulgated under this section.
       ``(e) Distribute Defined.--In this section, the term 
     `distribute' means to send, transmit, retransmit, telecast, 
     broadcast, or cablecast, including by wire, microwave, or 
     satellite.''.

     SEC. 4. SEPARABILITY.

       If any provision of this Act, or any provision of an 
     amendment made by this Act, or the application thereof to 
     particular persons or circumstances, is found to be 
     unconstitutional, the remainder of this Act or that 
     amendment, or the application thereof to other persons or 
     circumstances shall not be affected.

     SEC. 5. EFFECTIVE DATE.

       The prohibition contained in section 715 of the 
     Communications Act of 1934 (as added by section 3 of this 
     Act) and the regulations promulgated thereunder shall take 
     effect 1 year after the regulations are adopted by the 
     Commission.
                                  ____


                           Amendment No. 266

       At the end, add the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Public Health and Safety Act 
     of 1999'':

     SEC. 3. AMENDMENT OF TITLE 18, UNITED STATES CODE.

       Chapter 44 of title 18, United States Code, is amended--
       (1) by--
       (A) redesigning the text of the chapter as subchapter A;
       (B) inserting after the chapter heading the following:

``Subchapter
``A. Firearms In General
--921
``B. Handguns
--941

                 ``SUBCHAPTER A--FIREARMS IN GENERAL'';

     and
       (C) striking ``this chapter'' each place it appears and 
     inserting ``this subchapter''; and
       (2) by adding at the end the following new subchapter:

                        ``SUBCHAPTER B--HANDGUNS

``Sec.
``941. Definitions.
``942. Unlawful acts.
``943. Licensing of handgun clubs.
``944. Registration of security guard services.
``945. Recordkeeping and reports; transfers to licensed handgun clubs.
``946. Voluntary delivery to law enforcement agency; reimbursement.
``947. Penalties.
``948. Regulations.
``949. Relation to other law.
``950. Severability.

     ``SEC. 941. DEFINITIONS.

       ``(a) Terms Defined in Section 921.--Unless otherwise 
     defined in subsection (b), a term used in this subchapter 
     that is defined in section 921 has the meaning stated in that 
     section.
       ``(b) Additional Terms.--As used in this subchapter.
       `` `Handgun' means by firearm including a pistol or 
     revolver that is designed to be fired by the use of a single 
     hand, or any combination of parts from which such a firearm 
     can be assembled.
       `` `Handgun ammunition' means ammunition that is designed 
     for use primarily in a handgun.
       `` `Handgun club' means a club organized for bona fide 
     target shooting with handguns.
       `` `Licensed handgun club' means a handgun club that is 
     licensed under section 943.
       `` `Registered security guard service' means a security 
     guard service that is registered under section 944.
       `` `Security guard service' means an entity that engages in 
     the business of providing security guard services to the 
     public.

     ``SEC. 942. UNLAWFUL ACTS.

       ``(a) Offense.--Except as provided in subsections (b) and 
     (c), it is unlawful for a person to manufacture, import, 
     export, sell, buy, transfer, receive, own possess, transport, 
     or use a handgun or handgun ammunition.
       ``(b) Exceptions.--Subsection (a) does not apply to--
       ``(1) the Army, Navy, Air Force, Marine Corps, Coast Guard, 
     and National Guard;
       ``(2) Federal, State, or local government agencies charged 
     with law enforcement duties that require its officers to 
     possess handguns;
       ``(3) registered security guard services; or
       ``(4) licensed handgun clubs and members of licensed 
     handgun clubs.
       ``(c) Approved Transactions.--Pursuant to regulations 
     issued by the Secretary, the Secretary may approve the 
     manufacture, importation, sale, purchase, transfer, receipt, 
     ownership, possession, transportation, and use of a handgun 
     or handgun ammunition by licensed manufacturers, licensed 
     importers, and licensed dealers as necessary to meet the 
     lawful requirements of the persons and entities described in 
     subsection (b).

     ``SEC. 943. LICENSING OF HANDGUN CLUBS.

       ``(a) Handgun Clubs.--Pursuant to regulations issued by the 
     Secretary, the Secretary may issue a license to a handgun 
     club if--
       ``(1) no member of the handgun club is a person whose 
     membership and participation in the club is in violation of 
     State or local law;
       ``(2) no member of the handgun club is prohibited from 
     transporting, shipping, or receiving firearms or ammunition 
     in interstate or foreign commerce under section 922 (g) or 
     (h);
       ``(3) no member of the handgun club has willfully violated 
     this chapter or any regulations issued under this chapter;
       ``(4) the handgun club has not willfully failed to disclose 
     any material information required, or has not made any false 
     statement as to any material fact in connection with its 
     application;
       ``(5) the club has been founded and operated for bona fide 
     target shooting; and
       ``(6) the handgun club--
       ``(A) has permanent premises from which it operates;
       ``(B) maintains possession and control of the handguns used 
     by its members;
       ``(C)(i) has procedures and has facilities on its premises 
     for keeping such handguns in a secure place, under the 
     control of a designated officer of the club; or
       ``(ii) has made arrangements for the storage of the 
     members' handguns in a facility of the local police 
     department or other law enforcement agency, at all times when 
     they are not being used for target shooting; and
       ``(D) meets all operational, safety, security, training, 
     and other requirements that the Secretary may prescribe by 
     regulation.
       ``(b) Revocation.--The secretary shall revoke the license 
     of a licensed handgun club that does not continue to meet the 
     requirements of subsection (a).
       ``(c) License Fee.--A licensed handgun club shall pay to 
     the Secretary an annual license fee of $25.

     ``SEC. 944. REGISTRATION OF SECURITY GUARD SERVICES.

       ``(a) Security Guard Services.--Under regulations issued by 
     the Secretary, the Secretary may approve the registration of 
     a security guard service if--
       ``(1)(A) the security guard service has procedures and has 
     facilities on its premises for keeping its handguns in a 
     secure place, under the control of a designated officer of 
     the security guard service; or
       ``(B) has made arrangements for the storage of its handguns 
     in a facility of the local police department or other law 
     enforcement agency, at all times when such handguns are not 
     in use for legitimate business purposes;
       ``(2) the security guard service has obtained all necessary 
     State and local licenses and meet all State and local 
     requirements to engage in the business of providing security 
     guard service; and
       ``(3) the security guard service meets all operational, 
     safety, security, training, and other requirements that the 
     Secretary may prescribe by regulation.
       ``(b) Revocation.--The Secretary shall revoke the 
     registration of a registered security guard service that does 
     not continue to meet the requirements of subsection (a).
       ``(c) Registration Fee.--A registered security guard 
     service shall pay to the Secretary an annual registration fee 
     of $50.

     ``SEC. 945. RECORDKEEPING AND REPORTS; TRANSFERS TO LICENSED 
                   HANDGUN CLUBS.

       ``(a) Recordkeeping.--A licensed manufacturer, licensed 
     importer, licensed dealer, licensed handgun club or member of 
     a licensed handgun club, or registered security guard service 
     that sells or otherwise transfers handguns or handgun 
     ammunition shall--
       ``(1) maintain records of sales, transfers, receipts, and 
     other dispositions of handguns and handgun ammunition in such 
     form as the Secretary may by regulation provide; and
       ``(2) permit the Secretary to enter the premises at 
     reasonable times for the purpose of inspecting such records.
       ``(b) Reports of Loss or Theft.--(1) A licensed handgun 
     club or registered security guard service shall report to the 
     Secretary a loss or theft of any handgun in its possession or 
     the possession of one of its members of employees not later 
     than thirty days after the loss or theft is discovered.
       ``(2) A report made under subsection (a) shall include such 
     information as the Secretary by regulation shall prescribe, 
     including the date and place of theft or loss.
       ``(c) Transfers to Handgun Clubs.--A person that sells or 
     otherwise transfers a handgun to a licensed handgun club or 
     member of a licensed handgun club shall be shipped or 
     otherwise delivered directly to the premises of the licensed 
     handgun club where the handgun will be kept.

     ``SEC. 946. VOLUNTARY DELIVERY TO LAW ENFORCEMENT AGENCY; 
                   REIMBURSEMENT.

       ``(a) Delivery.--A person may at any time voluntarily 
     deliver to any Federal, State, or local law enforcement 
     agency designated by the Secretary a handgun owned or 
     possessed by the person.
       ``(b) Disposition.--The Secretary shall arrange with each 
     agency designated to receive handguns for the transfer, 
     destruction, or other disposition of handguns delivered under 
     subsection (a).
       ``(c) Reimbursement.--The Secretary shall pay to a person 
     who delivers a handgun under subsection (a) on or prior to 
     the date that is one hundred eighty days after the date of 
     enactment of this subchapter an amount equal to the greater 
     of--
       ``(1) $25; or
       ``(2) the fair market value of the gun as determined by the 
     Secretary.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary such sums as 
     are necessary to make such payments under subsection (c).

[[Page S4209]]

     ``SEC. 947. PENALTIES.

       ``(a) Violation of Section 942.--(1) Except as provided in 
     paragraph (2), a person who violates section 942 shall be 
     fined not more than $5,000, imprisoned not more than five 
     years, or both.
       ``(2) A person who voluntarily delivers a handgun under 
     section 946(a) after the date that is one hundred eighty days 
     after the date of enactment of this subchapter shall not 
     be subject to criminal prosecution for possession of the 
     handgun under any Federal, State, or local law, but shall 
     pay to the Secretary a civil penalty in an amount 
     determined by the Secretary, not to exceed $500.
       ``(b) Failure to Report Loss or Theft.--A licensed handgun 
     club or registered security guard service that fails to 
     report a loss or theft of a handgun as required by section 
     945(b)--
       ``(1) in the case of a negligent failure to report or a 
     negligent failure to discover the loss or theft, shall pay to 
     the Secretary a civil penalty in an amount determined by the 
     Secretary, not to exceed $1,000; and
       ``(2) in the case of an intentional failure to report, 
     shall be fined not more than $5,000, its officer designated 
     under section 943(a)(6)(C)(i) or 944(a)(1)(A) imprisoned not 
     more than five years, or both.
       ``(c) Failure to Deliver to Premises of Licensed handgun 
     Club.--A person that sells or otherwise transfers a handgun 
     to a licensed handgun club or member of a licensed handgun 
     club that causes the handgun to be shipped or otherwise 
     delivered by any means or to any place other than directly to 
     the premises of the licensed handgun club where the handgun 
     will be kept, in violation of section 945(c)--
       ``(1) in the case of a negligent delivery to an 
     unauthorized place, shall pay to the Secretary a civil 
     penalty in an amount determined by the Secretary, not to 
     exceed $1,000; and
       ``(2) in the case of an intentional delivery to an 
     unauthorized place, shall be fined not more than $5,000, 
     imprisoned not more than five years, or both.
       ``(d) False Statement or Representation.--(1)(A) person 
     who--
       ``(A) makes a false statement or representation with 
     respect to information required by this subchapter to be kept 
     in the records of an importer, manufacturer, dealer, or 
     handgun club licensed under this subchapter or security guard 
     service registered under this subchapter; or
       ``(B) makes a false statement or representation in applying 
     for a handgun club license or security guard service 
     registration under this subchapter,

     shall be subject to penalty under paragraph (2).
       ``(2)(A) In the case of a negligent making of a false 
     statement or representation described in paragraph (1), the 
     person shall pay to the Secretary a civil penalty in an 
     amount determined by the Secretary, not to exceed $1,000; and
       ``(B) in the case of an intentional making of a false 
     statement or representation described in paragraph (1), the 
     person shall be fined not more than $5,000, imprisoned not 
     more than five years, or both.
       ``(e) Failure to Keep or Permit Inspection of Records.--A 
     person who fails to keep or permit inspection of records in 
     violation of section 945(a)--
       ``(1) in the case of a negligent failure to maintain 
     records, shall pay to the Secretary a civil penalty in an 
     amount determined by the Secretary, not to exceed $1,000; and
       ``(2) in the case of an intentional failure to maintain 
     records or any failure to permit inspection of records, shall 
     be fined not more than $5,000, and its chief executive 
     officer or other person responsible for the failure shall be 
     imprisoned not more than five years, or both.
       ``(f) Forfeiture.--Any handgun or handgun ammunition 
     involved or used in, or intended to be used in, a violation 
     of this subchapter or any regulation issued under this 
     subchapter, or any violation of any other criminal law of the 
     United States, shall be subject to seizure and forfeiture, 
     and all provisions of the Internal Revenue Code of 1986 
     relating to the seizure, forfeiture, and disposition of 
     firearms shall, so far as applicable, extend to seizures and 
     forfeitures under this subchapter.

     ``SEC. 948. REGULATIONS.

       ``The Secretary may prescribe such regulations as the 
     Secretary deems necessary to carry out this subchapter.

     ``SEC. 949. RELATION TO OTHER LAW.

       ``The regulation of handguns under this subchapter is in 
     addition to the regulation of handguns under subchapter A and 
     any other Federal, State, or local law.

     ``SEC. 950. SEVERABILITY.

       ``If any provision of this subchapter or the application 
     thereof to any person or circumstance is held invalid, the 
     remainder of the subchapter and the application of that 
     provision to other persons not similarly situated or to other 
     circumstances shall not be affected thereby.''.

     SEC. 4. RULE OF CONSTRUCTION.

       Nothing in this Act shall be construed as modifying or 
     affecting any provision of--
       (1) the National Firearms Act (chapter 53 of the Internal 
     Revenue Code of 1956);
       (2) section 414 of the Mutual Security Act of 1954 (22 
     U.S.C. 1934), relating to munitions control; or
       (3) section 1715 of title 18, United States Code, relating 
     to nonmailable firearms.

     SEC. 5. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b), this 
     Act and the amendments made by this Act shall take effect on 
     the date of enactment of this Act.
       (b) Delayed Effective Date.--Sections 942 and 945 of title 
     18, United States Code, as added by section 3, shall take 
     effect on the date that is one hundred and eighty days after 
     the date of enactment of this Act.

                          ____________________