[Congressional Record Volume 153, Number 75 (Tuesday, May 8, 2007)]
[Senate]
[Pages S5729-S5731]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. COLLINS (for herself and Ms. Snowe):
  S. 1329. A bill to extend the Acadia National Park Advisory 
Commission, to provide improved visitor services at the park, and for 
other purposes; to the Committee on Energy and Natural Resources.
  Ms. COLLINS. Mr. President, I don't know if the Presiding Officer has 
ever visited Acadia National Park along the coast of Maine. It is an 
extraordinary place, a place of special beauty. I rise today to 
introduce the Acadia National Park Improvement Act Of 2007, with the 
senior Senator from Maine, Ms. Snowe, as my cosponsor.
  This legislation would take important steps to ensure the long-term 
health of one of America's most beloved national parks. It would 
increase the land acquisition ceiling at Acadia by $10 million, 
facilitate an off-site intermodal transportation center for the Island 
Explorer bus system, and extend the Acadia National Park Advisory 
Commission.
  In drafting this legislation, I have worked very closely with park 
officials and also with Friends of Acadia, a nonprofit community 
organization that works hard to support the park.
  A little background might be helpful. In 1986, Congress enacted 
legislation designating the boundary of Acadia National Park. Many 
private lands were, however, contained within the permanent authorized 
boundary. Congress authorized the park to spend a little over $9 
million to acquire those lands from willing sellers.
  While all of that money has now been spent, rising land prices have 
prevented the money from going as far as Congress originally intended. 
There are now more than 100 private tracts left within the official 
park boundary. Nearly 20 of these tracts are currently available from 
willing sellers, but the park simply no longer has the funds to 
purchase them. Our legislation would authorize an additional $10 
million to help acquire these lands. I wish to emphasize that the lands 
already fall within the authorized boundary of the park, so we are not 
talking about enlarging the boundary of the park but, rather, filling 
in the holes at Acadia.
  Our legislation would also facilitate the development of an 
intermodal transportation center as part of the Island Explorer bus 
system. The Island Explorer has been extremely successful over its 
first 7 years. These low-emission, propane-powered vehicles have 
carried more than 1.5 million riders since 1999. In doing so, they have 
removed hundreds of thousands of vehicles from the park and 
significantly reduced pollution. Unfortunately, the system lacks a 
central parking and bus boarding area. As a result, day-use visitors do 
not have ready access to the Island Explorer.
  My legislation would further facilitate the Department of Interior's 
assistance in planning, construction, and operation of an intermodal 
transportation center in Trenton, ME. Mr. President, $7 million for 
this center was included in the 2005 highway bill at the request of 
Senator Snowe and myself. This will include parking for day uses of the 
park center, a visitor orientation facility highlighting park and 
regional points of interest, a bus boarding area, and a bus maintenance 
garage. This center, which will be built in partnership with the 
Federal Highway Administration, the U.S. Department of Transportation, 
the Maine Department of Transportation, and other partners, will reduce 
traffic congestion, preserve park resources, enhance the visitor 
experience, and ensure a vibrant tourist economy.
  Finally, our legislation would extend the 16-member Acadia National 
Park Advisory Commission for an additional 20-year period. This 
Commission was created by the Congress back in 1986, and, regrettably, 
it expired last year. The Commission consists of three Federal 
representatives, three State representatives, four representatives from 
local towns, three from the adjacent mainland communities, and three 
from the adjacent offshore islands. These representatives serving on 
this Commission have provided invaluable advice related to the 
management and the development of the park. The superintendent has 
found it to be very valuable. The Commission has proven its worth many 
times over, and it deserves to be extended for an additional 20 years. 
In fact, it probably should just be made permanent.
  Acadia National Park is a true gem of the Maine coastline. The park 
is one of Maine's most popular tourist destinations, with more than 2 
million visitors each year. While unsurpassed in beauty, the park's 
ecosystem is very fragile. Unless we are careful, we risk substantial 
harm to the very place that Mainers and, indeed, all Americans hold so 
dear. In 9 years, Acadia will be 100 years old. Age has brought both 
increasing popularity and greater pressures on this national treasure. 
By providing an additional $10 million to protect sensitive lands 
already within the boundary of the park, by expanding the highly 
successful Island Explorer transportation system, and by extending the 
Acadia National Park Advisory Commission, this legislation will help to 
make the park stronger and healthier than ever on the occasion of its 
centennial anniversary.
  I yield the floor.
      By Mrs. FEINSTEIN (for herself, Mr. Kennedy, Mr. Levin, Mr. 
        Menendez, Ms. Mikulski, Mrs. Clinton, Mr. Durbin, Mrs. Boxer, 
        Mr. Lautenberg, Mr. Schumer, and Mr. Dodd):
  S. 1331. A bill to regulate .50 BMG caliber sniper rifles; to the 
Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I am pleased to join with Senators 
Kennedy, Levin, Menendez, Mikulski, Clinton, Durbin, Boxer and 
Lautenberg in introducing the Long-Range Sniper Rifle Safety Act of 
2007, which would regulate a single type of firearm, 50 BMG caliber 
sniper rifles.
  Mr. President, 50 BMG caliber sniper rifles are among the most 
dangerous firearms in the world. These sniper rifles are capable of 
bringing down airplanes and helicopters that are taking off or landing, 
and they can pierce light armored personnel vehicles. They have 
extraordinary range, up to a mile with accuracy, with a maximum 
distance of up to 4 miles. Under President Clinton, the State 
Department suspended all export of these weapons for civilian use in 
foreign countries. The Bush administration initially changed this rule 
to allow such sales, but after 9/11 it decided to reinstate this ban.
  Yet here in the United States, our laws continue to classify these 
weapons as ``long guns'', subject to the least government regulation of 
any firearms. Current Federal law makes no distinction between a .22 
caliber target rifle, a .30-06 caliber hunting weapon, and this large-
caliber .50 BMG combat weapon. In some States, youngsters who are 14 
years old can get .50 BMG caliber sniper rifles, with no limitation on 
second-

[[Page S5730]]

hand sales. In fact, anyone who can own a rifle can buy a .50 BMG 
caliber sniper rifle. No permits. No licenses. No wait.
  That is why I am introducing this legislation today, just as I have 
introduced similar legislation in the last 3 sessions of Congress. The 
bill would:
  Add these uniquely powerful sniper rifles to the list of firearms 
classified as ``destructive devices'', which would mean they must be 
registered when purchased or sold;
  require the same registration for any ``copycat'' sniper rifles that 
might be developed in the future with destructive power that is 
equivalent to the .50 BMG caliber sniper rifle; and
  allow people who already possess .50 BMG caliber sniper weapons up to 
7 years to register their existing firearms, by implementing a 
registration process similar to what was used when ``street sweeper'' 
and other firearms were reclassified as ``destructive devices'' in 
1994.
  This bill would not ban any firearms, including .50 BMG caliber 
sniper rifles. Instead, it would change the law by treating .50 BMG 
caliber sniper rifles in the same way we now treat ``street sweeper'' 
shotguns, silencers, and any rifle with a dimension larger than .50 
caliber. It would regulate these weapons, making it harder for 
terrorists and others to buy these combat weapons for illegitimate use.
  This is not your classic hunting rifle. These weapons weigh up to 28 
pounds, and have a price tag of between $2,200 and $6,750. And they 
fire the most powerful commonly available cartridges, the massive BMG, 
Browning Machine Gun, bullet, which has a diameter of \1/2\ inch and a 
length of 3-6 inches.
  These rounds are almost as big as my hand. The Congressional Research 
Service says that a .50 BMG caliber cartridge weighs four and a half 
times more, and has five times more propellant, than the cartridges 
used in similar midsize rifles, like the .308 Winchester.
  This is a weapon designed to kill people efficiently, and destroy 
machinery, at a great distance. And the distances are frankly 
astonishing. In fact, this weapon was able to kill a person from a 
greater distance than any other sniper rifle with a world-record 
confirmed distance of 2,430 meters, a mile and a half away.
  These weapons are ``accurate'' up to 2,000 yards, a distance that 
means it will strike a standard target within this range more than a 
mile away. To illustrate what this means, a shooter standing on 
Alcatraz Island off of San Francisco could sight and kill a person at 
Pier 39.
  And the gun has a maximum range of up to 7,500 yards, meaning that 
while accuracy cannot be guaranteed, the round can strike a target at 
this distance. Imagine 75 football fields lined up end to end, a 
distance of over 4 miles. This means a shooter at the Sausalito marina 
could send bullets crashing into the San Francisco marina.
  In short, these are military combat-style weapons. The .50 BMG 
cartridge has been used by our forces in machine guns since World War 
I, and our military has utilized .50 BMG caliber sniper rifles in the 
gulf war, and now in Afghanistan and Iraq. They can shoot through 
almost anything, a bunker, bulletproof glass, a 3\1/2\ inch thick 
manhole cover, a 600-pound safe.
  But as the GAO noted in 1999, many of these guns also wind up in the 
hands of domestic and international terrorists, religious cults, 
international and domestic drug traffickers, and violent criminals.
  In 1998, Federal law enforcement apprehended three men belonging to a 
radical Michigan militia group. The three were charged with plotting to 
bomb Federal office buildings, destroy highways and utilities. They 
were also charged with plotting to assassinate a Governor, and other 
high-ranking political and judicial officers. A .50-caliber sniper 
rifle was found in their possession along with a cache of weapons that 
included three illegal machine guns.
  One doomsday cult headquartered in Montana purchased 10 of these guns 
and stockpiled them in an underground bunker, along with thousands of 
rounds of ammunition and other guns.
  At least one .50-caliber gun was recovered by Mexican authorities 
after a shoot-out with an international drug cartel in that country. 
The gun was originally purchased in Wyoming.
  Since the GAO report, it was also revealed in a federal trial in 
Manhattan that al-Qaida received .50-caliber sniper rifles, rifles 
manufactured right here in the United States. Essam al Ridi, an al-
Qaida associate, testified that he acquired 25 Barrett .50-caliber 
sniper rifles and shipped them to al-Qaida members in Afghanistan.
  What sort of damage could these weapons do in the wrong hands? The 
U.S. Air Force conducted a study, and determined that planes parked on 
a fully protected U.S. airbase would be as vulnerable as ``ducks on a 
pond'' against a sniper with a .50-caliber weapon, because the weapons 
can shoot from beyond most airbase perimeters.
  The RAND Corporation confirmed this, releasing a report which 
identified 11 potential terrorist scenarios at Los Angeles 
International Airport. In one scenario, ``a sniper, using a .50 caliber 
rifle, fires at parked and taxiing aircraft.'' The report concludes: 
``we were unable to identify any truly satisfactory solutions'' for 
such an attack.
  One need not even search for reports, the weapon's manufacturers 
admit it. One Barrett .50 caliber brochure says:

       [A] round of ammunition purchased for less than ten U.S. 
     dollars can be used to destroy or disable a modern jet 
     aircraft. The compressor sections of jet engines or the 
     transmissions of helicopters are likely targets for the 
     weapon, making it capable of destroying multimillion dollar 
     aircraft with a single hit delivered to a vital area.

  And it is not just aircraft. A terrorist using this rifle could punch 
holes in pressurized chemical tanks, igniting combustible materials or 
leaking hazardous gases. Or penetrate armored vehicles used by law 
enforcement, or protective limousines, like those used here in 
Washington.
  No wonder a broad coalition of law enforcement officers and groups, 
detailing the threat that these weapons pose to our first responders, 
said:

       The fact that these weapons have a range of more than four 
     miles and can take down commercial airliners is reason enough 
     to keep these weapons off our streets. It is of special 
     concern to the law enforcement community that these weapons 
     of war are capable of penetrating our special operations 
     vehicles, tactical equipment and helicopters.

  This gun is so powerful that one dealer told undercover Government 
Accountability Office investigators:

       You'd better buy one soon. It's only a matter of time 
     before someone lets go a round on a range that travels so 
     far, it hits a school bus full of kids. The government will 
     definitely ban .50-calibers. This gun is just too powerful.

  In fact, many ranges used for target practice do not even have enough 
safety features to accommodate these guns.
  Special ammunition for these guns is also readily available in stores 
and on the Internet. This is perfectly legal. Moreover, ``armor-
piercing incendiary'' ammunition, which explodes on impact, can be 
purchased online, as demonstrated in a ``60 Minutes'' news report. 
Several ammunition dealers were willing to sell armor-piercing 
ammunition to an undercover GAO investigator, even after the 
investigator said he wanted the ammunition to pierce an armored 
limousine or maybe to shoot down a helicopter.
  The bottom line is that the .50 BMG caliber sniper rifle is a 
national security threat requiring action by Congress. It makes no 
sense for us to spend billions of dollars on homeland security while we 
allow terrorists and criminals to get weapons that can serve as tools 
for terrorism.
  The legislation that I am introducing has been carefully tailored, 
and refines my earlier bills. In fact, it is narrower than my earlier 
bills, in that it regulates only .50 ``BMG'' caliber sniper rifles, not 
all .50 caliber rifles.
  There is no doubt that the .50 BMG caliber is the most powerful 
commonly available cartridge not considered a destructive device under 
the National Firearms Act. It is in a class by itself. And that's why 
this bill puts .50 BMG caliber sniper rifles into the class of firearms 
called destructive devices. Because that is where they belong.
  Congress would not be alone in treating the .50 BMG caliber sniper 
rifle as the unique weapon of destruction that it is. My home State of 
California has regulated .50 BMG caliber sniper rifles since 2004, in a 
law signed by Governor Arnold Schwarzenegger. The bill I introduce 
would adopt a similar registration system nationwide.

[[Page S5731]]

  In fact, Congress itself has previously recognized the unique 
destructive properties of this weapon. Ever since 2000, our DOD 
Appropriations bills have contained a special restriction on the 
Department of Defense's ability to sell surplus armor-piercing 
ammunition for .50 caliber weapons to civilians through its 
demilitarization program.
  This is a weapon that should not be openly available to terrorists 
and criminals, but should be responsibly controlled through carefully 
crafted regulation. I urge my colleagues to support this legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1331

       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 ``Long-Range Sniper Rifle 
     Safety Act of 2007''.

     SEC. 2. COVERAGE OF .50 BMG CALIBER SNIPER RIFLES UNDER THE 
                   GUN CONTROL ACT OF 1968.

       (a) In General.--Section 921(a)(4)(B) of title 18, United 
     States Code, is amended--
       (1) by striking ``any type of weapon'' and inserting the 
     following: ``any--
       ``(i) type of weapon''; and
       (2) by striking ``and'' at the end and inserting the 
     following: ``or
       ``(ii) .50 BMG caliber sniper rifle; and''.
       (b) Definition of .50 BMG Caliber Sniper Rifle.--Section 
     921(a) of title 18, United States Code, is amended by adding 
     at the end the following:
       ``(36) The term `.50 BMG caliber sniper rifle' means--
       ``(A) a rifle capable of firing a center-fire cartridge in 
     .50 BMG caliber, including a 12.7 mm equivalent of .50 BMG 
     and any other metric equivalent; or
       ``(B) a copy or duplicate of any rifle described in 
     subparagraph (A), or any other rifle developed and 
     manufactured after the date of enactment of this paragraph, 
     regardless of caliber, if such rifle is capable of firing a 
     projectile that attains a muzzle energy of 12,000 foot-pounds 
     or greater in any combination of bullet, propellant, case, or 
     primer.''.

     SEC. 3. COVERAGE OF .50 BMG CALIBER SNIPER RIFLES UNDER THE 
                   NATIONAL FIREARMS ACT.

       (a) In General.--Section 5845(f) of the National Firearms 
     Act (26 U.S.C. 5845(f)) is amended--
       (1) by striking ``and (3)'' and inserting ``(3) any .50 BMG 
     caliber sniper rifle (as that term is defined in section 921 
     of title 18, United States Code); and (4)''; and
       (2) by striking ``(1) and (2)'' and inserting ``(1), (2), 
     or (3)''.
       (b) Modification to Definition of Rifle.--Section 5845(c) 
     of the National Firearms Act (26 U.S.C. 5845(c)) is amended 
     by inserting ``or from a bipod or other support'' after 
     ``shoulder''.

     SEC. 4. IMPLEMENTATION.

       Not later than 30 days after the date of enactment of this 
     Act, the Attorney General shall implement regulations 
     providing for notice and registration of .50 BMG caliber 
     sniper rifles as destructive devices (as those terms are 
     defined in section 921 of title 18, United States Code, as 
     amended by this Act) under this Act and the amendments made 
     by this Act, including the use of a notice and registration 
     process similar to that used when the USAS-12, Striker 12, 
     and Streetsweeper shotguns were reclassified as destructive 
     devices and registered between 1994 and 2001 (ATF Ruling 94-1 
     (ATF Q.B. 1994-1, 22); ATF Ruling 94-2 (ATF Q.B. 1994-1, 24); 
     and ATF Ruling 2001-1 (66 Fed. Reg. 9748)). The Attorney 
     General shall ensure that under the regulations issued under 
     this section, the time period for the registration of any 
     previously unregistered .50 BMG caliber sniper rifle shall 
     end not later than 7 years after the date of enactment of 
     this Act.
                                 ______