THIS DESCRIBES IT AS "UNDENIABLE CERTIFIABLY, I WILL NUME ROW O
           FRAG FEST. BECAUSE WE HAVE KNEE WHAT YOU WANT. THIS LAST
           SENTENCE BEARS REPEATING, "BECAUSE WE KNOW WHAT YOU WANT." THE
           AD DESCRIBES "OVER 24 DEVASTATING WEAPONS," AND EXCLAIMS THAT

           PLAYERS MAY "UNLOAD TWIN BARRELS OF RICOCHETING SHOTGUN
           SHELLS," AND "BLOW ENEMIES CLEAN AWAY," WITH THE SCORPION
           LAUNCHER. IT URGES THEM TO "SEND BRAINS FLYING." WITH SOMETHING
           THE GAME MAKERS CALL A, "SKULL DRILLING CEREBRAL BORE." NOW,
           HOW MUCH MORE GRAPHIC CAN THIS GET?
           AND THEY EMPHASIZE HOW "REAL," THE GAMES ARE. THEY EMPHASIZE

           THAT, TOO, WITH "RL-TIME FLINCH GENERATION. " "ENEMIES FLINCH
           AND SPASM DIFFERENTLY DEPENDING ON WHICH BODY PART YOU HIT." OF
           COURSE, ABSENT HERE IS ANY REALISTIC DEPICTION OF THE
           CONSEQUENCES OF REAL VIOLENCE. THIS IS JUST ONE EXAMPLE OF THE
           IRRESPONSIBILITY OF THESE GAMES BEING MARKETED AND READILY
           ACCESS TO BELIEVE OUR KIDS. IT'S PATHETIC WHEN YOU STOP AND
           THINK ABOUT IT. I MIGHT ADD, THAT GIVE THAN THERE IS EVIDENCE
           THAT EXTREMELY VIOLENT OR OTHERWISE UNSUITABLE MATERIAL IN
           MOVIES, MUSIC AND VIDEO GAMES HAVE NEGATIVE EFFECTS ON

           CHILDREN, THEY ARE CONCERNED ABOUT HOW THESE PRODUCTS ARE
           MARKETED AND SOLD. DO THESE INDUSTRIES SPECIFICALLY TARGET
           PRODUCTS THAT ACCORDING TO THEIR OWN GUIDELINES ARE UNSUITABLE
           FOR MINORS TO THESE SAME MINORS?
           I THINK THE AMERICAN PEOPLE DESERVE AN ANSWER TO THAT QUESTION.
           AS I TESTIFIED BEFORE THE SENATE COMMERCE COMMITTEE LAST WEEK,
           I WAS TROUBLED TO LEARN THAT ACCORDING TO THE NATIONAL
           INSTITUTE ON MEDIA AND THE FAMILY, SOME MANUFACTURERS OF VIDEO
           AND COMPUTER GAMES ARE MARKETING ULTRAVIOLET VIDEO GAMES RATED

           FOR ADULTS ONLY TO CHILDREN. IN 1998, THE NATIONAL INSTITUTE
           AND MEDIA AND FAMILY CONDUCT ADD THOROUGH STUDY OF THE VIDEO AN
           COMPUTER GAME INDUSTRY. SOME OF THE FINDINGS WERE VERY
           DISTURBING. FOR EXAMPLE, LURID ADVERTISEMENTS FOR VIOLENT VIDEO
           GAMES ARE AIMED DIRECTLY AT CHILDREN. THE ADVERTISEMENT FOR THE
           VIDEO GAME DESREGA STATES "LET THE SLAUGHTER BEGIN." WHILE
           ANOTHER STATES "AS EASY AS KILLING BABIES WITH AXS." THESE AND

           SIMILAR ADVERTISEMENTS APPEARED IN RECENT GAMING MAGAZINES
           WHICH ARE TARGETED TO TEENAGERS. MOREOVER, AN ADVERTISEMENT FOR
           RESIDENT EVIL II, A VIOLENT VOID VIDEO GAME RATED FOR ADULTS
           ONLY WAS FEATURED IN THE MAGAZINE "SPORTS I WILL STRAILTED FOR
           KIDS." FEW PEOPLE WOULD ARGUE THAT SIGNIFICANT RECEIPTS OR
           NC-17 RATED MAGAZINES SHOULD BE ADVERTISEED IN CHILDREN'S
           MAGAZINES. WHY SHOULD SUCH VIOLENT VIDEO GAMES, GAMES THE
           INDUSTRY ITSELF HAS FOUND UNSUITABLE FOR CHILDREN, BE
           ADVERTISED AND MARKLTED TO CHILDREN?
           I THINK WE NEED AN ANSWER ON THAT AND TO THAT?

           NOR IS THE PROBLEM OF MARKETING VIOLENCE TO CHILDREN LIMITED TO
           VIDEO GAMES. IN RECENT YEARS, THE LYRICS OF PARTIAL-BIRTH
           ABORTION ALREADY A MUSIC HAVE GROWN MORE VIOLENT AND DEPRAVED.
           MUCH OF THE VIOLENCE IN MODERN MUSIC IS DIRECTED TOWARDS WOMEN.
           AS SENATOR BROWNBACK NOTED -- HERE'S ONE OF THE RECENT VIOLENT
           THINGS. THIS IS M&M. IT IS DIRECTED IN LARGE MEASURE TOWARDS
           VIOLENCE AND WOMEN. AND TO DEMEANING WOMEN. I MIGHT SAY THAT,

           AS SENATOR BROWNBACK NOTED ON THE SENATE FLOOR TWO WEEKS AGO,
           THE GROUP NINE-INCH NAILS -- AND THIS IS TWO VIDEOS BY
           NINE-INCH NAILS. YOU CAN'T TELL BY LOOKING AT IT WHAT IN THE
           WORLD THIS MEANS. BUT THIS GROUP, NINE-INCH NAILS, HAD A
           COMMERCIAL SUCCESS A FEW YEARS AGO WITH A SONG CELEBRATING THE
           RAPE AND MURDER OF A WOMAN. THIS IS NOT AN ISOLATED EXAMPLE.
           HATRED AND VIOLENCE AGAINST WOMEN IN MAINSTREAM HIP-HOP AND
           ALTERNATIVE MUSIC ARE WIDESPREAD AND UNMISTAKABLE. CONSIDER THE

           SINGER MARILYN MAN MANSON WHO MTV NAMED THE BEST ARTIST OF THE
           YEAR LAST YEAR. SOME OF HIS LESS VULGAR LYRICS INCLUDE "WHO
           SAIZ DATE RAPE ISN'T KIND?" "LET'S JUST KILL EVERYONE AND LET
           YOUR GOD SORT THEM OUT" AND "THE HOUSE WIFE I WILL BEAT, THE
           PROFILE I WILL KILL." OTHER MANSON LYRICS CANNOT BE REPEATED ON
           THE SENATE FLOOR. THE WEEKEND AFTER THE COLORADO SHOOTINGS, A
           12-YEAR-OLD BOY WHO I KNOW BOUGHT A MARYLAND MANSON COMPACT

           DISK FROM A MARYLAND RECORD STORY EVEN THOUGH IT WAS RATED FOR
           ADULT CONTENT. THE WARNING LABEL WAS COVERED BY THE PRICE TAG.
           HERE'S THE DISK AND HE'S THE WAY THE WARNING LABEL -- IT JUST
           COVERED -- THE PRICE TAG COVERED THE WARNING LABEL. CLEARLY
           MAKING IT SO THAT KIDS COULD PICK THESE THINGS UP. THIS SIGNALS
           TO ME THAT THESE RECORD WARNINGS ARE NOT BEING TAKEN SERIOUSLY.
           OR CONSIDER M&M THAT I MENTIONED BEFORE, THE HIPHOP ARTIST
           FEATURED FREQUENTLY ON M.T.V. WHO RECENTLY WROTE "BONN NEENDZ

           COLLIDE." A SONG IN WHICH HE DESCRIBED HIS KILLING HIS CHILD'S
           MOTHER AND DUMPING HER BODY INTO THE OCEAN. MANY OF HIS SONGS
           CONTAIN MA SOJ NIS STICK MESSAGES. DESPITE LEGISLATION BY THE
           STATE AND FEDERAL GOVERNMENTS, IT IS STUNNING HOW MUCH MODERN
           MUSIC GLORIFIES ACTS OF VIOLENCE, SEXUAL AND OTHERWISE, AGAINST
           WOMEN. THIS MUSIC IS WHAT MANY CHILDREN ARE LISTENING TO. THIS
           MUSIC IS MARKLTED TO OUR YOUTH AND WE SHOULD NOT IGNORE THE

           FACT THAT VIOLENT MUSIC MAY ULTIMATELY AFFECT THE BEHAVIOR AND
           ATTITUDES OF MANY YOUNG MEN TOWARD WOMEN. ONE MIGHT ARGUE THAT
           THESE GROUPS ARE NOT EMBRACED BY THE ENTERTAINMENT INDUSTRY.
           HOW THEN WOULD THE INDUSTRY EXPLAIA 1998 GRAMM ME NOMINATION
           FOR NINE-INCH NAILS AND A 1999 NOMINATION FOR MARILYN MONSON?
           IT IS ONE THING TO SAY THESE PEOPLE CAN'T PRODUCE THIS
           MATERIAL. IT'S ANOTHER THING FOR THE INDUSTRY TO EMBRACE IT.
           MANY AMERICANS WERE JUSTIFIABLY OUTRAGEED WHEN IT WAS
           DISCOVERED THAT TOBACCO COMPANIES MARKEDTED CIGARETTES TO
           CHILDREN. I BELIEVE THAT WE SHOULD BE EQUALLY CONCERN

           FUNDAMENTAL WE FIND THAT VIOLENT MUSIC AND VIDEO GAMES ARE
           BEING MARKETED TO CHILDREN. LIMITING ACCESS TO ULTRA
           ULTRAVIOLENT VIDEO GAMES AND MUSIC TO CHILDREN DOES NOT RAISE
           THE SAME CONSTITUTIONAL CONCERNS THAT A GENERAL PROHIBITION ON
           SUCH MATERIAL WOULD ENTAIL. FOR EXAMPLE, HILE SOME CAN
           REASONABLY CONTEND THAT THE FIRST AMENDMENT PROTECTS CERTAIN
           X-RATED MATERIAL, NO ONE CAN REASONABLY ARGUE THAT THE
           CONSTITUTION PROHIBITS RESTRICTING SUCH MATERIAL TO CHILDREN.
           THAT IS WHY ONE PROVISION OF THIS AMENDMENT, A PROVISION I

           DEVELOPED WITH SENATORS LIEBERMAN, HARKIN AND KOHL, DIRECTS THE
           F.T.C. AND THE DEPARTMENT OF JUSTICE TO EXAMINE THE EXTENT TO
           WHICH THE MOTION PICTURES, RECORDING AND VIDEO GAMES INDUSTRIES
           TARGET THE MARKETING OF VIOLENT, SEXUALLY SPLITS OR OTHER
           UNSUITABLE MATERIAL TO MINORS. INCLUDING WHETHER SUCH CONTENT
           IS ADVERTISED OR PROMOTED IN MEDIA OUTLETS IN WHICH MINORS
           COMPRISE A SUBSTANTIAL PERCENTAGE OF THE AUDIENCE. THE REPORT
           WILL ALSO EXAMINE THE EXTENT TO WHICH RETAILERS AND IN THE CASE
           OF MOTION PICTURES THEATER OWNERS HAVE POLICIES TO RESTRICT THE
           SALE, RENTAL OR ADMISSION OF SUCH UNSUITABLE MATERIAL TO MINORS

           AND WHETHER THE INDUSTRY REQUIRES, MONITORS OR ENCOURAGES THE
           ENFORCEMENT OF THEIR RESPECTIVE VOLUNTARY RATING SYSTEMS BY
           RETAIL MERCHANTS OR THEATER OWNERS. MR. PRESIDENT, I DO WANT TO
           NOTE THAT OVER THE YEARS, EACH OF THESE INDUSTRIES HAS TAKEN
           SOME POSITIVE STEPS IN DEVELOPING VOLUNTARY LABELING SYSTEMS
           THAT PROVIDE NOTICED APPEARANCE ABOUT THE UNSUITABLE CONTENT OF
           CERTAIN PRODUCTS. BUT AS I'VE SAID BEFORE, IT IS IMPORTANT TO
           SEE IF SUCH STANDARDS REIN FORCED AT THE RETAIL END AND ALSO TO

           SEE IF DESPITE THEIR STANDARDS, THE INDUSTRY TARGETS UNSUITABLE
           MATERIAL OR MATERIALS TO MINORS. NOW, MR. PRESIDENT, I WOULD
           ALSO LIKE TO TAKE A FEW MINUTES TO DISCUSS ANOTHER PROVISION OF
           THIS AMENDMENT WHICH PROVIDES A LIMITED ANTITRUST EXEMPTION TO
           THE INDUSTRY IN ORDER TO EMPOWER THEM TO DEVELOP EFFECTIVE
           ENFORCEMENT PROCEDURES FOR THEIR VOLUNTARY GUIDELINES. THIS
           PROVISION IS DIFFERENT FROM THE PROVISION DEVELOPED BY SENATOR
           BROWNBACK WHICH RELATES TO THE DEVELOPMENT OF A KOFED CONDUCT.
           FOR YEARS I AND OTHERS IN CONGRESS HAVE SEARCHED FOR SOLUTIONS

           TO LIMITING THE NEGATIVE IMPACT EXPOSURE TO VIOLENT OR SEXUALLY
           EXPLICIT CONTENT, WHETHER IN MOTION PICTURES, TELEVISION,
           SONGS, OR VIDEO GAMES WHAT THAT HAS ON OUR CHIN. THIS PROVISION
           OF THE AMENDMENT IS DESIGNED TO ACHIEVE THIS OBJECTIVE BY
           EMPOWERING THE RESPECTIVE INDUSTRIES TO DEVELOP AND ENFORCE
           RESPONSIBLE GUIDELINES WITHOUT A FEAR OF LIABILITY UNDER OUR
           ANTITRUST LAWS. IT WILL ALLOW MANUFACTURERS AND PRODUCERS TO
           AGREE AMONG THEMSELVES TO REFUSE TO SELL THEIR PRODUCTS, TO
           RETAIL OUTLETS WHO DO NOT FOLLOW THE INDUSTRY STANDARDS AND

           GUIDELINES IF THE INDUSTRY CHOOSES TO DO THAT. MR. PRESIDENT,
           AS CHAIRMAN OF THE JUDICIARY COMMITTEE, I AM MINDFUL OF THE
           FIRST AMENDMENT CONCERNS THAT COULD BE RAISED IN THE ATTEMPTS
           -- BY ATTEMPTS ON THE PART OF THE FEDERAL GOVERNMENT TO BROADLY
           REGULATE CONTENT ON THE INTERNET OR OVER OTHER MEDIA. BUT I DO
           BELIEVE THAT WE MUST DO WHAT WE CAN TO PROMOTE RESPONSIBILITY
           ON THE PART OF THE FILM INDUSTRY, THE RECORDING SCRTIRX AND THE
           ENTERTAINMENT SOFTWARE INDUSTRY IN MEETING THE NEEDS OF
           CHILDREN. THIS AMENDMENT DOES THAT. OVER THE YEARS, EACH OF
           THESE INDUSTRIES HAS TAKEN POSITIVE STEPS IN DEVELOPING

           VOLUNTARY RATING SYSTEMS THAT EITHER PROVIDE NOTICED APPEARANCE
           ABOUT UNSUITABLE CONTENT OF CERTAIN PRODUCTS OR ATTEMPT TO
           RESTRICT THE SALE OF UNSUITABLE PRODUCTS TO ADULTS OR MATURE
           AUDIENCES. UNFORTUNATELY, THIS APPEARS THAT ADEQUATE AND
           EFFECTIVE ENFORCEMENT OF THESE GUIDELINES AT THE RETAIL LEVEL
           IS LACKING. FOR INSTANCE, THERE'S LITTLE ENFORCEMENT EFFORT
           THAT ENSURES CHILDREN UNDER THE AGE OF 17 ARE IN FACT
           PROHIBITED FROM VIEWING NC-17 RATED MOFERSE THAT CHILDREN ARE
           NOT ALLOWED TO PURCHASE MUSIC OR VIDEO GAMES WHICH ARE
           PURPORTEDLY INTENDED FOR SALE TO ADULTZ. THE INQUIRY BY THE

           F.T.C. AND THE D.O.J. DIRECTED NWI AMENDMENT WILL FURTHER BE
           HELPFUL IN THIS REGARD. I BELIEVE THAT THE ENFORCEMENT OF THE
           VOLUNTARY STANDARDS IS NECESSARY TO MAKE THE SYSTEM WORK.
           PROPER ENFORCEMENT WILL PROTECT THE INTEGRITY OF THE OVERALL
           SELF-REGULATORY SYSTEM AND IF THE INDUSTRY CHOOSES TO EXERCISE
           RESPONSIBILITY AND REFUSES TO SELL ITS PRODUCTS TO A RETAILER
           WHO DOES NOT FOLLOW THE CODE OF CONDUCT, IT SHOULD BE ABLE TO
           DO SO WITHOUT THE FEAR OF ANTITRUST LAWS. I UNDERSTAND THAT MY
           TIME HAS EXPIRED. I DON'T WANT TO INTRUDE OF THE TIME OF MY

           CLEEFMGS SO I ASK UNANIMOUS CONSENT THAT THE BALANCE OF MY
           REMARKS BE PLACED IN THE RECORD AT THIS POINT.
           

           THE PRESIDING OFFICER: WITHOUT OBJECTION. MR. LEIBERMAN: MR.
           PRESIDENT?
           
           

           THE PRESIDING OFFICER: THE SENATOR FROM CONNECTICUT IS
           RECOGNIZED.
           

           MR. LEIBERMAN: I THANK THE CHAIR. MR. PRESIDENT, I RISE TO
           SUPPORT THE AMENDMENT. I'M PRIVILEGED TO BE A COSPONSOR OF THE
           AMENDMENT WITH THE SENATOR FROM KANSAS, MR. BROWNBACK, AND THE
           SENATOR FROM UTAH, CHAIRMAN HATCH. THIS AMENDMENT INCORPORATES
           SEVERAL PROPOSALS THAT MANY OF US HAVE BEEN WORKING ON TOGETHER
           ACROSS PARTY LINES IN THIS CHAMBER TO TRY TO TONE DOWN ONE OF
           THE INFLUENCES THAT WE'RE CONVINCED IS CONTRIBUTING TO THE
           OUTBREAK AND CRISIS OF YOUTH VIOLENCE IN OUR COUNTRY. TWO OTHER

           COLLEAGUES WHO HAVE BEEN PRIVILEGED TO WORK WITH ARE SENATOR
           MCCAIN OF ARIZONA AND SENATOR KOHL OF WISCONSIN, AND AT THIS
           TIME, MR. PRESIDENT, I WOULD ASK UNA UNANIMOUS CONSENT THAT
           SENATORS MCCAIN AND KOHL BE ADDED AS ORIGINAL COSPONSORS OF
           THIS AMENDMENT.
           

           THE PRESIDING OFFICER: WITHOUT OBJECTION.
           

           MR. LEIBERMAN: I THANK THE CHAIR. MR. PRESIDENT, IN THE WAKE OF
           THE TRAGIC SHOOTING IN LITTLETON, WE AS A NATION, AS
           INDIVIDUALS ARE FOCUSING IN ON AN UNSETTLING FACT THAT NO
           MATTER HOW GOOD TIMES ARE ECONOMICALLY IN AMERICA, SOMETHING
           HAS SEEMED TO HAVE GONE WRONG IN OUR COUNTRY, SOMETHING THAT IS
           WETTING THE TASTE FOR BLOOD AND DEATH IN OUR CHILDREN, TURNING
           TOO MANY OF THEM INTO KILLERS -- IN OUR SCHOOLS, IN THE
           SUBURBS, IN THE URBAN STREET CORNERS AND IN HOMES IN EVERY KIND

           OF COMMUNITY THROUGHOUT OUR COUNTRY. I THINK IT'S IMPORTANT TO
           SAY THAT AS I'VE LISTENED TO THIS DISCUSSION AT HOME IN
           CONNECTICUT AND AS I'VE LISTENED TO IT HERE ON THE FLOOR OF THE
           SENATE AND IN THE COMMITTEES, IN CAUCUS ROOMS OF THIS CAPITOL,
           I THINK WHAT IS IMPORTANT IS THAT WE ARE ALL RECOGNIZING AND
           ACCEPTING THAT THIS IS AN EXTREMELY COMPLICATED PROBLEM,
           WITHOUT A SINGLE CAUSE, FUELED BY AN AMORPHOUS MIX OF FACTORS.

           A CHILD IS NOT, IF I MAY SAY SO, A NATURAL-BORN KILLER. A
           CHILD, UNFORTUNATELY, IS AFFECTED BY A VARIETY OF CIRCUMSTANCES
           THAT MAKES HIM INTO A SKIRL. FROM THE DISENGAGEMENT OF THE
           PARENTS TO THE DISCONNECTION AND ALIEN NATION THAT MANY
           CHILDREN FEEL FROM THEIR FAMILIES, THEIR PEERS, THEIR
           COMMUNITIES TO THE WEAKENING OF OUR MORAL AND COMMUNITY SAFETY
           NETS -- THIS IS A MIX THAT'S BEEN MADE MORE DEADLY IN OUR TIME

           BY THE EASY ACCESS MANY CHILDREN HAVE TO GUNS. MOST OF WHAT WE
           KNOW, FOR SURE, AS WE CONSIDER THE COMPLEXITY OF THE PROBLEM,
           IS, UNFORTUNATELY, IN THE STATISTICS THERE IS A LITTLETON EVERY
           DAY. AN AVERAGE OF 13 CHILDREN DIE FROM GUNSHOT BOUND WOUNDS
           EVERY 24 HOURS IN AMERICA, SOME SELF-INFLICTED, MORE FROM
           MURDER. THE FACT IS THAT NO CIVILIZED COUNTRY IN THE WORLD
           COMES CLOSE TO MATCHING THIS LEVEL OF YOUTH HOMICIDE AND

           SUICIDE, LET ALONE THE MASSACRES THAT WE HAVE SEEN COMMITTED IN
           PUBLIC PLACES. AND THE MORE WE LOOK AT THIS PROBLEM, THE MORE
           THAT WE UNDERSTAND, MANY OF US, THAT THE ENVIRONMENT IN WHICH
           WE ARE RAISING OUR CHILDREN, ALL THE DEATH AND DESTRUCTION AND
           DISMEMBERMENT AND DEGRADATION THAT WE EXPOSE THEM TO IN THE
           ENTERTAINMENT MEDIA, THE WELTER OF PERVERSE MESSAGES WE
{END: 1999/05/12 TIME: 12-15 , Wed.  106TH SENATE, FIRST SESSION}