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Records of the White House Office of the Chief of Staff to the President (George H. W. Bush Administration)
John Sununu Issues Files
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Originally Processed With FOIA(s):
FOIA Number:
1998-0004-F[1]; 2002-0208-F
S
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the George Bush Presidential
Library Staff.
Record Group/Collection:
George H.W. Bush Presidential Records
Collection/Office of Origin: Chief of Staff, White House Office of
Series:
Sununu, John, Files
Subseries:
Issues Files
OA/ID Number:
29152
Folder ID Number:
29152-002
Folder Title:
Crime/Gun Control (1989) [2]
Stack:
Row:
Section:
Shelf:
Position:
G
15
25
1
4
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
01. Paper
Re: Assault Weapons (7 pp.)
4/12/89
P/S
Collection:
Record Group:
Bush Presidential Records
Office:
Chief of Staff, White House Office of
Series:
Sununu, John, Files
Open on Expiration of PRA
Subseries:
Issues Files
(Document Follows)
WHORM Cat.:
By (NLGB) on 5/12/05
File Location:
Crime/Gun Control (1989) [2]
Date Closed:
12/2/2004
OA/ID Number:
29152-002
FOIA/SYS Case #:
1998-0004-F[1]
Appeal Case #:
Re-review Case #:
2005-0426-S
Appeal Disposition:
P-2/P-5 Review Case #:
Disposition Date:
AR Case #:
MR Case #:
AR Disposition:
MR Disposition:
AR Disposition Date:
MR Disposition Date:
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM. Removed as a personal record misfile.
For Discussion
April 12, 1989
ASSAULT WEAPONS
I. BACKGROUND
The current debate over "assault weapons" is being
conducted against the background of three important
realities.
A. Firearms have been widely held by individual American
citizens and are likely to remain SO.
o Roughly half of all U. S. households possess one or
more guns. These guns fall into three broad
categories:
- Fully automatic weapons (machine guns) which
have been subject to federal registration since
1934, and which are now prohibited from being
imported or manufactured domestically for sale
to private citizens. The existing stock of
these guns is approximately 191,000. These
weapons are rarely, if ever, used in the
commission of crimes. Most are in the hands
of collectors.
- Semiautomatic weapons. Treasury estimates that
there are 20-30 million such guns held by private
U.S. citizens, the overwhelming majority of which
are used for hunting or sporting purposes.
Approximately 2-3 million are so-called "assault
weapons" which have a high capacity magazine, a
military-style appearance, and are often semi-
automatic versions of fully automatic weapons.
- Manually operated weapons (bolt action, lever
action, pump action rifles and shotguns, and
ordinary revolvers). Estimates of the number of
these guns range from 130-180 million.
O In total, there are an estimated approximately 160-
200 million guns in private hands in the U.S today.
About 40-50 percent of these weapons are handguns.
However, of the so-called assault weapons, approxi-
mately 90 percent of these are rifles.
B. Recent years have witnessed an explosive growth in
sales of so-called "assault rifles."
2
Since 1985, partially as a result of declining
prices driven by inexpensive imports, mostly from
the People's Republic of China, and the fascination
with such weapons, both imports and domestic pro-
duction have risen.
- Imports of "assault rifles" have soared:
1985
4,000
1986
4,500
1987
40,000
1988
45,000
1989
A marked expansion of permits
- Domestic production during the period 1985-87
of "assault type rifles" exceeded 100,000.
C. Regulation and sales of firearms in the U.S. is highly
decentralized and basically governed at the state and
local level.
O
There are at the present time 237,686 licensed gun
dealers (individuals or businesses which sell five
or more weapons a year).
O
There are over 1,000 companies that manufacture guns
in the country and over 1,100 importers.
o State and local laws vary widely with respect to the
licensing of guns, laws related to carrying weapons,
possessing weapons, etc.
II. PROBLEMS
In successfully addressing the problem of assault weapons
there are several challenges:
A. Defining an assault weapon in such a way that satis-
factorily differentiates such weapons from semiauto-
matic guns that are widely used for hunting and
sporting purposes is extremely difficult.
b. Keeping guns out of the hands of criminals has proven
elusive.
O The best recent studies indicate that upwards of 80
percent of the weapons used by criminals in the
commission of felonies are obtained either by theft,
purchase on the black market (from someone other
than a licensed dealer), or through a friend or
relative.
3
C. The most promising approaches to reducing the illegal
activities involving these guns are expensive.
O Enhanced law enforcement to apprehend and prosecute
violators of firearms laws and the costs associated
with incarcerating convicted felons for longer
periods of time are extremely expensive.
O The cost of building prison facilities runs approxi-
mately $50,000 per bed.
III. OBJECTIVES
Three objectives seem paramount in the quest for address-
ing the highly emotional issue of assault weapons:
A. Finding a sensible middle ground that acknowledges the
legitimate concerns of law abiding gun users, many of
whom are members of the National Rifle Association, and
of law enforcement authorities.
B. Taking decisive action to deal with a growing concern
that is widely held by Americans that public safety is
seriously threatened by increased numbers of "assault
weapons.
C. Taking actions that have a reasonable prospect of
significantly diminishing the increased threat to
public safety.
In short: be balanced, be decisive, and be effective.
There are three basic approaches to meeting these
objectives.
IV. LIMITING WEAPONS
There are a variety of possible measures to limit the
importation, manufacture, or sale of "assault weapons."
A. On March 14, Treasury suspended imports of five
types of semiautomatic weapons using existing law
which permits Treasury to prohibit imports of wea-
pons not considered "particularly suitable for, or
readily adaptable to sporting purposes."
Last week the President authorized extending the
current suspension to 24 other semiautomatic imports
to cover the remaining approximately 20 percent of
"assault rifle" imports.
4
This suspension could be made permanent at the con-
clusion of Treasury's investigation of these weapons
which should be concluded in approximately three
months.
B. While the suspension is in effect, the President could
request domestic manufacturers to follow the lead of
Colt Industries and suspend or eliminate the production
for domestic private use of "assault rifles" similar to
those that are prohibited for importation.
Note: U.S. gun manufacturers would still continue to
manufacture for use by the U.S. military, law
enforcement authorities, or for export.
C. The administration could seek legislation to prohibit
the importation, manufacture or sale of assault
weapons.
The most controversial approach, proposed by Senator
Metzenbaum, would ban by name certain existing weapons
and ban by reference other weapons determined as
similar in design or function. This approach would
grant broad discretion to the Secretary of the Treasury
in making such determinations on future weapons.
There are three other less restrictive approaches:
1. Rather than propose a specific list of prohibited
weapons request that administration officials meet
with representatives from the House and the Senate,
law enforcement authorities, and hunting and
sporting associations to develop a definition that
will define "assault weapons" in a way that does not
include guns "particularly suitable for, or readily
adaptable to sporting purposes.'
The objective of this exercise would be to produce
both an acceptable definition and a set of
procedures for making determinations on weapons in
the future.
2. Support the Deconcini approach of specifying a
limited number of weapons, widely recognized as
"assault weapons" such as the AKS-47, but not
giving any discretionary authority to expand the
list without additional legislation.
3. Seek legislation to prohibit the possession or sale
of large capacity magazines (20 rounds or 10
rounds) by private citizens. This seeks to avoid
the definitional problems associated with
particular weapons, while getting at the detachable
magazine feature of most "assault rifles."
5
V. LIMITING ACCESS TO WEAPONS BY FELONS
A second general approach involves seeking to keep weapons
out of the hands of criminals.
A. Accelerate the National Identification System Review.
The Anti-Drug Abuse Act of 1988 requires the Attorney
General to develop a system for the immediate and accu-
rate identification of felons attempting to purchase
firearms. The Attorney General has one year to prepare
a plan for implementing this system.
The President could request the Department of Justice
to accelerate the review called for by the McCollom
Amendment so that it could be ready for consideration
this summer.
B. Encourage all states to adopt procedures similar to
those that exist in Illinois, Virginia,
and some other states that impose waiting periods or
use other devices to facilitate accuracy in determining
whether an individual seeking to purchase a weapon from
a licensed gun dealer fits one or more of the
prescribed disqualifying characteristics:
1. Convicted of a crime punishable by imprisonment for
a term exceeding one year;
2. Currently under indictment;
3. A fugitive from justice;
4. Addicted to a controlled substance or a user
of a controlled substance;
5. An illegal alien;
6. Adjudicated a mental defective or have been
committed to a mental institution;
7. Dishonorably discharged from the armed forces;
8. Renounced one's U.S. citizenship.
The central difficulty with these approaches is that there
is a good deal of evidence to suggest that most felons
obtain their weapons other than from licensed gun dealers.
Even if one could develop and implement an identification
system that involved all licensed gun dealers, it would
effectively address only a small part of the problem.
6
VI. ENHANCED ENFORCEMENT, PENALTIES, AND ACCOUNTABILITY
A third general approach involves measures to strengthen
current laws, enhance enforcement, and hold perpetrators of
violent crimes accountable for their actions.
This approach would have the greatest likelihood of
affecting behavior. It also has the consequence of
requiring additional resources (either new ones or
diverting existing ones from other endeavors) to apprehend,
prosecute, and incarcerate offenders.
A. Strengthen enforcement resources at the Departments of
Treasury and Justice.
O The 1989 enacted budget for Treasury's Bureau of
Alcohol Tobacco and Firearms (ATF) includes $118
million for firearms compliance and enforcement
programs, a 20% increase over 1988.
O The 1990 budget sustains this rapid buildup
providing $124 million for ATF firearms programs.
B. Ensure quick and full prosecution.
O In 1989, 940 additional staff and $69 million was
added to the prosecutorial arm of the Justice
Department. Of these new staff, 470 are for
additional assistant U.S. Attorneys to prosecute
violations of Federal law.
O The Attorney General has been requested to hire
these new attorneys as quickly as possible and
employ them to try firearms cases as appropriate.
C. Direct the Department of Justice not to plea bargain
away mandatory minimum sentences for firearm
violations. Establish a climate that every person will
clearly understand, if you use a gun to commit a crime,
you will do a minimum of five years in jail.
D. Tie grants to states to changes in state laws to
estabish mandatory minimum sentences for violent or
drug-related crimes committed with a firearm.
O Award state and local drug grants only to states
whose mandatory minimum sentences for crimes
committed with firearms are consistent with federal
minimum sentencing standards.
7
States would be given two or three years to bring
their laws into compliance with this stipulation
before grants would be affected.
E. Strengthen the current Federal firearms forms (Form
4473) by doubling the current penalty for writing false
information to up to ten years imprisonment and up to
$10,000.
O Impose a five year prohibition on purchasing
firearms for anyone convicted of a crime punishable
by a prison term of six months or more.
F. Enact procedures for imposing currently existing
Federal death penalties. This involves adding the
language the Supreme Court (Furman V. Georgia) says is
necessary for a death penalty not to violate the eighth
amendment.
G. Enact exclusionary rule reform providing for a good
faith exception for police officers in warrantless
search situations.
H. Enact habeus corpus reform that would streamline and
simplify the appellate process for convicted felons.
I. Commend and encourage state prison construction.
O States have already funded over 79,000 new bedspaces
to be constructed by 1994.
The states are also considering constructing 70,000
additional bedspaces.
J. Expand federal prison capacity.
The Administration has proposed adding over 25,000
federal prison bedspaces during 1989-1993 to meet
the increased requirements necessitated by stricter
application of Federal laws.
o In 1989 $1.37 billion will fund 5,160 new bedspaces
and 1,600 new staff. The FY 1990 budget proposes
$1.564 billion, a 14% increase over 1989, to fund
7,845 new bedspaces and 1,500 new staff.
O
In addition, the administration could allocate an
additional $115 million for new federal prison
construction from the $135 million drug asset
forfeiture fund.
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
02a. Memo
From Roger Porter to John Sununu
4/12/89
P/S
Re: Assault Weapons Legislation (2 pp.)
Collection:
Record Group:
Bush Presidential Records
Office:
Chief of Staff, White House Office of
Open on Expiration of PRA
Series:
Sununu, John, Files
(Document Follows)
Subseries:
Issues Files
WHORM Cat.:
By of (NLGB) on 5/12/05
File Location:
Crime/Gun Control (1989) [2]
Date Closed:
12/2/2004
OA/ID Number:
29152-002
FOIA/SYS Case #:
1998-0004-F[1]
Appeal Case #:
Re-review Case #:
2005-0426-S
Appeal Disposition:
P-2/P-5 Review Case #:
Disposition Date:
AR Case #:
MR Case #:
AR Disposition:
MR Disposition:
AR Disposition Date:
MR Disposition Date:
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy {(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM. Removed as a personal record misfile.
THE WHITE HOUSE
WASHINGTON
April 12, 1989
MEMORANDUM FOR GOVERNOR SUNUNU
FROM:
ROGER B. PORTER
RBP
SUBJECT:
Assault Weapons Legislation
Congressional action on assault weapons legislation is,
like in other policy areas, something of a moving target. The
best intelligence I have been able to gather suggests the
following:
Senate
There are four bills currently pending. Two are important.
The first is the Metzenbaum bill, S. 386. Senator Simon, chair
of the Subcommittee on the Constitution of the Senate Judiciary,
has scheduled a markup on this legislation for April 21. It
is likely too controversial to secure passage, particularly
with the problems it faces in committee as well as on the floor.
The second was introduced today by Senator Deconcini. It
would ban a number of assault weapons by name, but not provide
discretionary authority to extend the list without additional
legislation. It would also require that persons who possess
such weapons on the date of enactment would be required to
maintain proof of legal ownership issued by the firearms dealer.
The law enforcement steering committee comprising a number
of law enforcement groups have drafted legislation to ban and
control assault weapons. They can be expected to work with
Metzenbaum, Simon, and Deconcini to develop a compromise bill.
The compromise bill, which will ban some assault weapons, and
in some way restrict all assault weapons, will be referred to
full committee by a 4-2 margin with Simon, Metzenbaum, Kennedy,
and Deconcini supporting and Hatch and Specter opposing.
The full committee will take up that compromise bill at
the next markup currently scheduled for mid-May and report it
to the floor. With strong law enforcement support and consid-
erable public pressure that some legislation is needed, this
bill would have an excellent chance of passage. Opponents
would likely attempt to add crippling amendments, such as the
death penalty, in an effort to defeat it and embarrass its
proponents.
-2-
House
Any legislation to amend the Gun Control Act must come
from the Subcommittee on Crime of the House Judiciary Committee.
The subcommittee has a 6 to 4 ratio of Democrats to Republicans.
Bill McCollum, the ranking Republican, is the key to get-
ting an assault weapons bill out of subcommittee. If McCollum
opposes the legislation, the chairman, Bill Hughes, can only
count on four other votes -- Larry Smith of Florida, Ed Feighan
of Ohio, Ron Mazzoli of Kentucky, and John Conyers of Michigan.
Rick Boucher of Virginia, the sixth Democrat, has a rural dis-
trict and has received substantial financial assistance from
the NRA. He probably will go along with McCollum, Larkin Smith
of Mississippi, Mike DeWine of Ohio, and George Gekas of Penn-
sylvania.
Hughes has held hearings on assault weapons, but has not
yet scheduled a markup. He is working closely with the law
enforcement groups and whatever legislation he seeks to report
will probably be consistent with law enforcement thinking on
this issue.
The NRA is counting on Judiciary's chairman, Jack Brooks,
to hold the legislation at the full committee level. Sam
Gibbons, who chairs the trade subcommittee of Ways and Means
has held hearings on his bill which addresses imported weapons
only. His bill probably will not get out of committee.
While chairman Brooks may hold the house bill in committee,
the Senate version could well go to the House attached to some
fast track legislation.
What happens depends heavily on public attention to the
issue and on the position that the President takes toward any
assault weapons legislation.
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
02b. Paper
Re: Assault Weapons
4/12/89
P-5
[same as doc 01] (7 pp.)
Collection:
Record Group:
Bush Presidential Records
Office:
Chief of Staff, White House Office of
Open on Expiration of PRA
Series:
Sununu, John, Files
(Document Follows)
Subseries:
Issues Files
By
of
(NLGB)
on
5/12/05
WHORM Cat.:
File Location:
Crime/Gun Control (1989) [2]
Date Closed:
12/2/2004
OA/ID Number:
29152-002
FOIA/SYS Case #:
1998-0004-F[1]
Appeal Case #:
Re-review Case #:
2005-0426-S
Appeal Disposition:
P-2/P-5 Review Case #:
Disposition Date:
AR Case #:
MR Case #:
AR Disposition:
MR Disposition:
AR Disposition Date:
MR Disposition Date:
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM. Removed as a personal record misfile
For Discussion
April 12, 1989
ASSAULT WEAPONS
I. BACKGROUND
The current debate over "assault weapons" is being
conducted against the background of three important
realities.
A. Firearms have been widely held by individual American
citizens and are likely to remain SO.
O Roughly half of all U. S. households possess one or
more guns. These guns fall into three broad
categories:
- Fully automatic weapons (machine guns) which
have been subject to federal registration since
1934, and which are now prohibited from being
imported or manufactured domestically for sale
to private citizens. The existing stock of
these guns is approximately 191,000. These
weapons are rarely, if ever, used in the
commission of crimes. Most are in the hands
of collectors.
- Semiautomatic weapons. Treasury estimates that
there are 20-30 million such guns held by private
U.S. citizens, the overwhelming majority of which
are used for hunting or sporting purposes.
Approximately 2-3 million are so-called "assault
weapons" which have a high capacity magazine, a
military-style appearance, and are often semi-
automatic versions of fully automatic weapons.
- Manually operated weapons (bolt action, lever
action, pump action rifles and shotguns, and
ordinary revolvers). Estimates of the number of
these guns range from 130-180 million.
O In total, there are an estimated approximately 160-
200 million guns in private hands in the U.S today.
About 40-50 percent of these weapons are handguns.
However, of the so-called assault weapons, approxi-
mately 90 percent of these are rifles.
B. Recent years have witnessed an explosive growth in
sales of so-called "assault rifles. "
2
Since 1985, partially as a result of declining
prices driven by inexpensive imports, mostly from
the People's Republic of China, and the fascination
with such weapons, both imports and domestic pro-
duction have risen.
- Imports of "assault rifles" have soared:
1985
4,000
1986
4,500
1987
40,000
1988
45,000
1989
A marked expansion of permits
- Domestic production during the period 1985-87
of "assault type rifles" exceeded 100,000.
C. Regulation and sales of firearms in the U.S. is highly
decentralized and basically governed at the state and
local level.
There are at the present time 237,686 licensed gun
dealers (individuals or businesses which sell five
or more weapons a year).
There are over 1,000 companies that manufacture guns
in the country and over 1,100 importers.
State and local laws vary widely with respect to the
licensing of guns, laws related to carrying weapons,
possessing weapons, etc.
II. PROBLEMS
In successfully addressing the problem of assault weapons
there are several challenges:
A. Defining an assault weapon in such a way that satis-
factorily differentiates such weapons from semiauto-
matic guns that are widely used for hunting and
sporting purposes is extremely difficult.
b. Keeping guns out of the hands of criminals has proven
elusive.
The best recent studies indicate that upwards of 80
percent of the weapons used by criminals in the
commission of felonies are obtained either by theft,
purchase on the black market (from someone other
than a licensed dealer) or through a friend or
relative.
3
C. The most promising approaches to reducing the illegal
activities involving these guns are expensive.
Enhanced law enforcement to apprehend and prosecute
violators of firearms laws and the costs associated
with incarcerating convicted felons for longer
periods of time are extremely expensive.
The cost of building prison facilities runs approxi-
mately $50,000 per bed.
III. OBJECTIVES
Three objectives seem paramount in the quest for address-
ing the highly emotional issue of assault weapons:
A. Finding a sensible middle ground that acknowledges the
legitimate concerns of law abiding gun users, many of
whom are members of the National Rifle Association, and
of law enforcement authorities.
B. Taking decisive action to deal with a growing concern
that is widely held by Americans that public safety is
seriously threatened by increased numbers of "assault
weapons.
C. Taking actions that have a reasonable prospect of
significantly diminishing the increased threat to
public safety.
In short: be balanced, be decisive, and be effective.
There are three basic approaches to meeting these
objectives.
IV. LIMITING WEAPONS
There are a variety of possible measures to limit the
importation, manufacture, or sale of "assault weapons. "
A. On March 14, Treasury suspended imports of five
types of semiautomatic weapons using existing law
which permits Treasury to prohibit imports of wea-
pons not considered "particularly suitable for, or
readily adaptable to sporting purposes. "
Last week the President authorized extending the
current suspension to 24 other semiautomatic imports
to cover the remaining approximately 20 percent of
"assault rifle" imports.
4
This suspension could be made permanent at the con-
clusion of Treasury's investigation of these weapons
which should be concluded in approximately three
months.
B. While the suspension is in effect, the President could
request domestic manufacturers to follow the lead of
Colt Industries and suspend or eliminate the production
for domestic private use of "assault rifles" similar to
those that are prohibited for importation.
Note: U.S. gun manufacturers would still continue to
manufacture for use by the U.S. military, law
enforcement authorities, or for export.
C. The administration could seek legislation to prohibit
the importation, manufacture or sale of assault
weapons.
The most controversial approach, proposed by Senator
Metzenbaum, would ban by name certain existing weapons
and ban by reference other weapons determined as
similar in design or function. This approach would
grant broad discretion to the Secretary of the Treasury
in making such determinations on future weapons.
There are three other less restrictive approaches:
1. Rather than propose a specific list of prohibited
weapons request that administration officials meet
with representatives from the House and the Senate,
law enforcement authorities, and hunting and
sporting associations to develop a definition that
will define "assault weapons" in a way that does not
include guns "particularly suitable for, or readily
adaptable to sporting purposes."
The objective of this exercise would be to produce
both an acceptable definition and a set of
procedures for making determinations on weapons in
the future.
2. Support the Deconcini approach of specifying a
limited number of weapons, widely recognized as
"assault weapons" such as the AKS-47, but not
giving any discretionary authority to expand the
list without additional legislation.
3. Seek legislation to prohibit the possession or sale
of large capacity magazines (20 rounds or 10
rounds) by private citizens. This seeks to avoid
the definitional problems associated with
particular weapons, while getting at the detachable
magazine feature of most "assault rifles."
5
V. LIMITING ACCESS TO WEAPONS BY FELONS
A second general approach involves seeking to keep weapons
out of the hands of criminals.
A. Accelerate the National Identification System Review.
The Anti-Drug Abuse Act of 1988 requires the Attorney
General to develop a system for the immediate and accu-
rate identification of felons attempting to purchase
firearms. The Attorney General has one year to prepare
a plan for implementing this system.
The President could request the Department of Justice
to accelerate the review called for by the McCollom
Amendment so that it could be ready for consideration
this summer.
B. Encourage all states to adopt procedures similar to
those that exist in Illinois, Virginia,
and some other states that impose waiting periods or
use other devices to facilitate accuracy in determining
whether an individual seeking to purchase a weapon from
a licensed gun dealer fits one or more of the
prescribed disqualifying characteristics:
1. Convicted of a crime punishable by imprisonment for
a term exceeding one year;
2. Currently under indictment;
3. A fugitive from justice;
4. Addicted to a controlled substance or a user
of a controlled substance;
5. An illegal alien;
6. Adjudicated a mental defective or have been
committed to a mental institution;
7. Dishonorably discharged from the armed forces;
8. Renounced one's U.S. citizenship.
The central difficulty with these approaches is that there
is a good deal of evidence to suggest that most felons
obtain their weapons other than from licensed gun dealers.
Even if one could develop and implement an identification
system that involved all licensed gun dealers, it would
effectively address only a small part of the problem.
6
VI. ENHANCED ENFORCEMENT, PENALTIES, AND ACCOUNTABILITY
A third general approach involves measures to strengthen
current laws, enhance enforcement, and hold perpetrators of
violent crimes accountable for their actions.
This approach would have the greatest likelihood of
affecting behavior. It also has the consequence of
requiring additional resources (either new ones or
diverting existing ones from other endeavors) to apprehend,
prosecute, and incarcerate offenders.
A. Strengthen enforcement resources at the Departments of
Treasury and Justice.
The 1989 enacted budget for Treasury's Bureau of
Alcohol Tobacco and Firearms (ATF) includes $118
million for firearms compliance and enforcement
programs, a 20% increase over 1988.
The 1990 budget sustains this rapid buildup
providing $124 million for ATF firearms programs.
B. Ensure quick and full prosecution.
In 1989, 940 additional staff and $69 million was
added to the prosecutorial arm of the Justice
Department. Of these new staff, 470 are for
additional assistant U.S. Attorneys to prosecute
violations of Federal law.
The Attorney General has been requested to hire
these new attorneys as quickly as possible and
employ them to try firearms cases as appropriate.
C. Direct the Department of Justice not to plea bargain
away mandatory minimum sentences for firearm
violations. Establish a climate that every person will
clearly understand, if you use a gun to commit a crime,
you will do a minimum of five years in jail.
D. Tie grants to states to changes in state laws to
estabish mandatory minimum sentences for violent or
drug-related crimes committed with a firearm.
Award state and local drug grants only to states
whose mandatory minimum sentences for crimes
committed with firearms are consistent with federal
minimum sentencing standards.
7
O
States would be given two or three years to bring
their laws into compliance with this stipulation
before grants would be affected.
E. Strengthen the current Federal firearms forms (Form
4473) by doubling the current penalty for writing false
information to up to ten years imprisonment and up to
$10,000.
Impose a five year prohibition on purchasing
firearms for anyone convicted of a crime punishable
by a prison term of six months or more.
F. Enact procedures for imposing currently existing
Federal death penalties. This involves adding the
language the Supreme Court (Furman V. Georgia) says is
necessary for a death penalty not to violate the eighth
amendment.
G. Enact exclusionary rule reform providing for a good
faith exception for police officers in warrantless
search situations.
H. Enact habeus corpus reform that would streamline and
simplify the appellate process for convicted felons.
I. Commend and encourage state prison construction.
States have already funded over 79,000 new bedspaces
to be constructed by 1994.
The states are also considering constructing 70,000
additional bedspaces.
J. Expand federal prison capacity.
The Administration has proposed adding over 25,000
federal prison bedspaces during 1989-1993 to meet
the increased requirements necessitated by stricter
application of Federal laws.
In 1989 $1.37 billion will fund 5,160 new bedspaces
and 1,600 new staff. The FY 1990 budget proposes
$1.564 billion, a 14% increase over 1989, to fund
7,845 new bedspaces and 1,500 new staff.
In addition, the administration could allocate an
additional $115 million for new federal prison
construction from the $135 million drug asset
forfeiture fund.
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
03. Paper
Re: Assault Weapons (4 pp.)
4/18/89
P-5
Collection:
Record Group:
Bush Presidential Records
Office:
Chief of Staff, White House Office of
Open on Expiration of PRA
Series:
Sununu, John, Files
(Document Follows)
Subseries:
Issues Files
By (NLGB) on 5/12/05
WHORM Cat.:
File Location:
Crime/Gun Control (1989) [2]
Date Closed:
12/2/2004
OA/ID Number:
29152-002
FOIA/SYS Case #:
1998-0004-F[1]
Appeal Case #:
Re-review Case #:
2005-0426-S
Appeal Disposition:
P-2/P-5 Review Case #:
Disposition Date:
AR Case #:
MR Case #:
AR Disposition:
MR Disposition:
AR Disposition Date:
MR Disposition Date:
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM. Removed as a personal record misfile.
For Discussion
April 18, 1989
ASSAULT WEAPONS
I. Recent Developments
Meetings with Senate and House Republicans and discussions
with Senators McClure, Specter, Deconcini, and representa-
tives of the NRA indicate the following:
A. Senate Democrats are now coalescing around the Deconcini
approach which represents a scaled down version of the
Metzenbaum bill.
1. The Deconcini approach does not require registra-
tion of existing assault weapons, merely that the
owner of such a weapon secure a copy of the Form
4473 that he filled out when purchasing the weapon.
2. It does not give the Secretary of the Treasury
open-ended discretion to expand the list of weapons
prohibited from importation or domestic manufacture
for sale to private individuals.
3. The NRA adamantly opposes the Deconcini approach and
believes that the language in his bill would allow
future expansion of the list of prohibited weapons.
4. The approach is viewed as more moderate than
Metzenbaum and is likely to attract the support of
some moderate Republicans such as Arlen Specter.
B. Most Senate and House Republicans believe the best
approach substantively and politically is a compre-
hensive anti-crime package whose centerpiece is
enhanced enforcement, penalties and much expanded
prison construction.
1. They believe that such an approach, including a
death penalty provision, will effectively counter
the Metzenbaum-Deconcini approach.
2. They view banning or prohibiting "assault weapons"
as a fruitless exercise given the difficulty of
producing an acceptable "assault weapon" definition.
3. Most would reluctantly support some type of limi-
tation on the size of magazines used on semiauto-
matic weapons.
2
C. The NRA remains intransigent in opposing any move to
ban or prohibit "assault weapons", believing that it
is the camel's nose under the tent, that the Consti-
tution says nothing about "sporting purposes, and
that there is no way to administer such a law fairly.
1. They believe that Senator Deconcini is committing
political suicide and that his bill is an indication
that he does not intend to run again in Arizona.
2. They would reluctantly go along with a provision
banning large magazines.
3. They note that Florida is about to pass a bill
banning large magazines, that other state legis-
latures have not acted, and that the California
legislation banning certain assault weapons was
opposed by all but one Republican in the Assembly
and the Senate.
II. Our Current Position
A. The Administration has not supported any "assault
weapon" legislation on the Hill, although the Bureau
of Tobacco, Alcohol, and Firearms has provided tech-
nical assistance to Senator Deconcini in drafting his
bill and in determining the list of weapons that
it includes.
The Deconcini list includes five general types of
imported "assault weapons" and four general types of
domestically manufactured weapons.
B. On March 14, Treasury suspended imports of five types
of semiautomatic weapons using existing law and then
earlier this month extended the suspension to 24 other
semiautomatic imports.
C. Treasury is examining these imports to determine
whether they are "particularly suitable for, or readily
adaptable to sporting purposes." This examination
should be completed in another 60 days.
III. Options with Respect to Assault Weapons
A central question is what position to take with respect to
banning or prohibiting assault weapons. We have basically
four options:
3
A. Propose a comprehensive crime package that would in-
clude strengthened enforcement, the death penalty,
the exclusionary rule, habeas corpus reform, etc.
and not include any provisions dealing with banning
assault weapons.
1. We would indicate that we were not taking a posi-
tion on what to do with assault weapons until
after completion of the Treasury examination of
the currently suspended imports.
2. It is likely that BATF will recommend that some
imported weapons be prohibited as not meeting
the "sporting purposes" test.
This will place Secretary Brady in a difficult
position with respect to whether to approve this
recommendation.
If certain weapons are banned for importation, it
is difficult to argue that they are acceptable for
domestic production and sale.
3. Not banning assault weapons now would be applauded
by the NRA and have the strong support of conser-
vative Republicans.
B. Embrace some form of a Deconcini type approach that
would ban a limited number of "assault weapons, not
provide for an expansion of the list without further
legislation, and require that current owners of such
weapons secure a copy of a 4473 form indicating they
have no disqualifying characteristics.
1. This would be viewed favorably by those who are
deeply concerned about the proliferation of so-
called "assault weapons" and are looking for some
dramatic symbolic step.
2. It would be viewed as a major reversal of position
by gun owners as represented by the NRA.
3. Whether such a limited approach could be sustained
throughout the Congressional deliberations on the
issue is questionable. Drawing the line would be
extremely difficult.
C. Establish a bipartisan commission consisting of Admini-
stration officials, Senate and House members, repre-
sentatives of law enforcement agencies, and the NRA to
4
develop within sixty (60) days an acceptable definition
of an assault weapon.
1. All parties from the Treasury, to congressional
experts (such as Bill McCollum), to the NRA are
skeptical that such a diverse group can produce
such a definition.
2. The NRA has privately indicated that they would
refuse to participate in such an exercise.
D. Propose limiting large magazines that are typically used
in semiautomatic assault weapons.
1. This would implicitly acknowledge the difficulty
of defining semiautomatic guns that are assault
weapons and those that are not.
2. It would involve taking action that is consistent
with many state laws limiting the size of magazines
for hunting purposes.
3. The existence of millions of magazines that are
already in private hands would make enforcement
extremely difficult.
4. Conservative congressional Republicans and the
NRA would not oppose such an approach.
All four approaches would envision submitting an anti-crime
package of measures to strengthen law enforcement efforts and
penalties. Given fiscal constraints the credibility of such
a package might be strained given the limited number of addi-
tional resources that could be part of such a package.
4/3/89
10:00 A.M.
NATIONAL EMERGENCY CRIME REDUCTION ACT
THE PROBLEM
Over the past decade, Congress, state legislatures and local
governments have made wholesale changes to laws prohibiting drug
trafficking and use, mainly by increasing the lengths of prison
sentences. Unfortunately, courts have been unable to use these
new, longer, and in many cases supposedly mandatory, sentences,
since we have not followed our tough rhetoric with sufficient
action.
Simply put, our prisons -- federal and state -- are seriously
overcrowded and cannot house additional prisoners.
(figures)
In turn, this has overburdened police, prosecutors and the
courts, as criminals who should be behind bars are arrested over
and over again in a never ending cycle.
(figures on re-arrests)
If we put criminals in jail the first time we get our hands
on them, the police, the prosecutors and the courts will be free
to concentrate on actually reducing the amount of crime.
REQUIREMENTS PLACED ON STATES
At the same time, states must work with us in attacking this
emergency. Therefore, they would be required to adopt, if they
haven't already, the tough federal criminal sanction of XX years
and up to a $XXXXXX fine for the use of a firearm in the
commission of a crime.
Make no mistake, criminal use of firearms is increasing.
(figures)
In the 1988 Drug Bill, we included a new program aimed at
stopping the sale of guns to criminals. As it now stands, even
states and localities with waiting periods don't check criminal
conviction records for all gun purchasers. Police are just too
busy fighting crime.
The new program will require an on-the-spot check of all gun
purchasers -- 100% of them. It will work much like the purchase
of an item with a credit card. A machine now reads your credit
card and tells the merchant if the card is real and if there is
credit remaining.
- 2 -
What we propose is to add biometric identification -- say a
thumbprint or a magnetic strip with unalterable codes -- to all
drivers licenses. There is a group already meeting on this. We
make it a formal panel and tell them to give us a final plan
within three months. States would then begin issuing new drivers
licenses in one year, and change all licenses with four years.
As an aside, this new identification system will also aid
police by allowing them to conduct instantaneous criminal checks
through computers installed in squad cars.
States would also be required to transfer information on all
felony convictions to the federal government, so it can be placed
into this new computer system.
If the states want to house prisoners in the new prison
facilities, this -- at a minimum -- is what we expect from them.
GUN PURCHASE INFORMATION
Additionally, we want to toughen the current system of
purchasing firearms. Now, someone comes in off the streets,
fills out a form and says "no" to eight questions, and then buys
a firearm. Criminals simply lie on the form and walk out with
the gun. Therefore, we will double the penalty for giving
incorrect information along with following up with the computer
check.
As well, we need to stop people like Patrick Purdy who has
had several brushes with the law but no felonies -- from buying
firearms. So, we add a new category. If you are convicted of a
crime for which you can be given a six month prison term, you
will not be allowed to purchase a firearm for the next five
years. Stay clean, we'll restore the privilege. Stay in the
shadowy corners of major crime -- you'll never get to legally
purchase a firearm.
Then we bring the drug problem, and its related violence,
home to those most responsible -- the drug user. The law now
says if you are using illicit drugs, you cannot legally purchase
a firearm. That is true if the drug is marijuana, crack cocaine
or heroin. The trouble is that for most drug users, there is no
easy check to determine if they are violating the law at the time
of purchase. Therefore, we will change the law to say if you get
convicted on any drug offense -- including simple possession, you
lose your right to firearms.
While this may sound too strict, it is actually less
stringent that current law, but should be far more effective in
ending drug abuse, and its related violence.
Finally, the form also excludes those who have been
"adjudicated mentally defective" and those who have ever been
"committed to a mental institution" from buying a gun.
Most of the well publicized multiple murder cases involve an
assailant who has had contact with the mental health profession.
We will establish a task force of mental health, police,
prosecutor and court professionals to review the standard and
determine if there is a more effective way to screen out those
who should be excluded from gun ownership due to a mental health
condition.
- 3 -
ENHANCED PENALTIES, PROSECUTION AND DETENTION
We have also reviewed problems associated with deterring
crime, as well as convicting and holding on to criminals. While
prisons will go a long way toward solving the crisis, more must
be done.
First, we add a federal death penalty for the most heinous
crimes. Just last year we enacted the death penalty for killings
by drug lords. We must expand this ultimate sanction to crimes
which are equally vile.
Along with it, we propose to make the use of a firearm in the
commission of a capital crime an aggravating circumstance,
something which must be found to exist before the death penalty
can be imposed.
A real problem is about to explode, and we need to act now
before it happens. Some of the fully-automatic firearms -- the
machine guns -- that were left in Vietnam are now showing up in
the possession of members of the Columbian drug cartels. These
weapons have been seen in other areas -- particularly Central
America -- and we don't need them here.
Therefore, anyone caught smuggling these weapons into the
United States while trafficking drugs will be given life with no
parole or death.
We will also change the federal bail law so that "safety of
the community" and "prevention of crime" are given equal footing
with "assuring the appearance of the accused at trial." There is
simply too much crime being committed by individuals who have
already been arrested of a crime. As we said earlier, if we have
our hands on a hardened criminal, we ought to keep a hold on him.
As for early releases -- the Willie Horton cases -- we will
finally allow sentencing judges to have a veto over the early
release of violent criminals and require a hearing at which the
victims may be heard.
Two matters that we have proposed before, but which were
defeated in by efforts to protect the criminal, are also
included. Currently, the Exclusionary Rule allows evidence which
was obtained in good faith to be thrown out of court on
technicalities. We simply cannot allow guilty, violent criminals
to be set free on technicalities.
Finally, those convicted of crimes are clogging our court
systems with a seemingly never ending series of appeals. Changes
in the Habeas Corpus statutes will allow constitutionally
protected rights of appeal, while prohibiting the large number of
frivolous appeals now being filed.
AMENDMENTS TO GUN CONTROL ACT
This all brings us to what is on the minds of many Americans
-- what about all of these military style assault weapons? A
little demonstration is probably in order.
This firearm is a Ruger Mini-14 semi-automatic hunting
rifle. As you can see, it has a walnut stock, a scope and a
five-round box magazine. We think very few Americans favor
banning this type of firearm.
- 4 -
On the other hand, there is alarming concern over this
weapon. As you can see, it has a collapsable butt, plastic
stock, a bi-pod support and a thirty-round banana clip. Many
Americans want some controls on this type of weapon.
Unfortunately, this, too, is a Ruger Mini-14. It has had the
walnut stock replaced with plastic and a supporting bi-pod simply
screwed on. The only real difference is the five round magazine
has been replaced with the thirty-round banana clip.
That, in a nutshell, is the difficulty in defining assault
rifles. Yet it's that difference that we need to address.
We proposed regulating these magazines -- or clips -- for the
first time. We want them treated as firearms, for they make one
firearm change into something entirely different in a matter of
seconds.
The proposal treats what we'll call "normal" detachable
magazines as regular firearms. They well need to have a serial
number stamped on them and purchasers will be run though the new
computer system, just as if it were the whole firearm. Felons
and others would be prevented from possession.
Banana clips, those holding twenty to thirty five rounds,
would be classified the way automatic firearms -- machine guns --
use to be. A federal permit, total background check,
fingerprinting and notification of the local police would all be
required.
The mega-sized detachable magazines -- those over 35 rounds
-- would be banned from further production, just as machine guns
now are.
We are also concerned with a type of shotgun now being sold.
It's called the "Street Sweeper." It has a shortened barrel and
a detachable magazine that holds twelve shells. Again, this high
number of rounds of ammunition is inconsistent with legitimate
uses of firearms. Therefore, any shotgun magazine capable of
holding in excess of eight shells will also be banned. Good bye
Street Sweeper.
4/3/89
10:00 A.M.
NATIONAL EMERGENCY CRIME REDUCTION ACT
I. PRISON CONSTRUCTION
A. Construction by the Federal government of regional prisons
with a total cumulative capacity of at least 70,000 new beds.
B. States and the U.S. Bureau of Prisons to pay costs of
operation determined by prison population.
C. Possible reduced "minimum standards" guidelines to reduce
costs of prison construction and operation.
D. Construction financed by specified asset sales and program
terminations.
II. REQUIREMENTS PLACED ON STATES
A. Mandatory minimum sentences (equal to or greater than the
current federal statutes) for those convicted of using a
firearm in the commission of crime.
B. 1) Federal Task Force on standardized identification (already
in place) required to issue uniform method for biometric
identification within 3 months of enactment.
2) States required to begin using new identification for
drivers licenses and state-issued non-drivers identification
cards within one year and replace current drivers licenses
and non-drivers identification cards within four years.
C. Transfer of felony conviction records to proper federal
authorities under schedule and in a manner determined by the
U.S. Attorney General.
D. Failure to adopt the above excludes a state from housing
prisoners in new regional prison facilities.
III. CHANGES IN FORM 4473
A. Double current penalty for writing false information on a
Form 4473 to up to ten years imprisonment and up to $10,000.
B. New five year prohibition on purchasing firearms for those
convicted of a crime punishable by a prison term of six
months or more.
C. Substitute "convicted of a drug offense" for "unlawful user
of, or addicted to" marijuana, or a depressant, stimulant, or
narcotic drug.
- 2 -
D. Create Federal Task Force from mental health, police and
court professions to create a new standard in lieu of current
"adjudicated mentally defective or
...
ever committed to a
mental institution.
IV. ENHANCED FEDERAL PENALTIES, PROSECUTION AND DETENTION
A. Reinstate general federal death penalty.
B. Use of a firearm in a capital offense is to be automatically
considered to be an aggravating circumstance.
C. Penalty for smuggling an automatic firearm into the United
States while engaged in drug trafficking will be life with no
parole or death penalty.
D. Reform federal bail statutes to give "safety of the
community" and "prevention of crime" equal status with
"assuring the appearance of the accused at trial" as a basis
for granting bail and setting bond for persons previously
convicted of specified crimes.
E. Reform federal parole laws to give the sentencing judge veto
power over release by the Parole Board of any person
convicted of specified crimes of violence, and to require a
hearing at which the victims may be heard.
F. Exclusionary Rule.
G. Habeas Corpus.
V. AMENDMENTS TO GUN CONTROL ACT
A. New detachable box or drum magazines, for center fire rifles
and pistols, having a capacity of up to 20 rounds of
ammunition, to be classified as Title I "Firearms."
B. New detachable box or drum magazines, for center fire rifles
and pistols, having a capacity of 20 to 35 rounds of
ammunition, to be classified as Title II "Any Other Weapons.'
C. All detachable box or drum magazines, for center fire rifles
and pistols, having a capacity of over 35 rounds of
ammunition, to be classified as Title II "Machine Guns, with
notice to local police.
D. All detachable box or drum magazines, for shotguns, having a
capacity of over eight rounds of ammunition, to be classified
as Title II "Machine Guns."
E. Transfer of existing magazines subjects the magazine to
classification.
F. Continued exemption for military and law enforcement.
DEPARTMENT OUR OF WITHOUT JUSTICE
Per Yan REQUEST
PRO
DOMINA JUSTITIA
*
DICK THORNBURGH
Rr
ATTORNEY GENERAL OF THE United States
U.S. Department OF JUSTICE
WASHINGTON, D.C. 20530
(202) 633-2001
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
04. Memo
From J. Michael Quinlan to Dick Thornburgh
3/30/89
Re: Federal Bureau of Prison's Expansion Program (3 pp.)
Collection:
Record Group:
Bush Presidential Records
Office:
Chief of Staff, White House Office of
Open on Expiration of PRA
(Document Follows)
Series:
Sununu, John, Files
Issues Files
By
(NLGB)
on
5/12/05
Subseries:
WHORM Cat.:
File Location:
Crime/Gun Control (1989) [2]
Date Closed:
12/2/2004
OA/ID Number:
29152-002
FOIA/SYS Case #:
1998-0004-F[1]
Appeal Case #:
Re-review Case #:
2005-0426-S
Appeal Disposition:
P-2/P-5 Review Case #:
Disposition Date:
AR Case #:
MR Case #:
AR Disposition:
MR Disposition:
AR Disposition Date:
MR Disposition Date:
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or-confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or-between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM. Removed as a personal record misfile
UNITED STATES GOVERNMENT
memorandum
RECEIVED
DATE: March 30, 1989
1989
MAR
30
J. Michael Quinlan, Director
PM
REPLY TO
EXECUTIVE
3:
48
ATTENTION OF:
Federal Bureau of Prisons
SECRETARIAT
SUBJECT: Federal Bureau of Prisons' Expansion Program DEPUTY
TORNEY
TO: Honorable Dick Thornburgh
Attorney General
This memorandum is a follow-up to our Monday discussion and
provides a brief assessment of the Federal prison expansion
program.
BACKGROUND
The Federal inmate population has increased by over 90 percent
since 1981. Today, 47,352 inmates are housed in prison facilities
that by contemporary correctional standards should confine about
31,000 inmates, a system-wide overcrowding average of 153 percent.
The objective of our current long-range plan is to expand the
capacity of the Federal Prison System to keep pace with
projected inmate population increases and to simultaneously
reduce prison overcrowding to 30 percent by FY 1995.
During the past several years, the Bureau of Prisons has
activated over 6,500 new prison beds and funds have already
been appropriated for new prison construction projects which
will ultimately provide over 13,000 new prison spaces.
Under construction at this time are four Federal Correctional
Institutions in Fairton, New Jersey; Jesup, Georgia; Sheridan,
Oregon; and Bradford, Pennsylvania. Within the next several
months, we will begin construction of three Federal Correctional
Institutions located in Schuylkill, Pennsylvania; Three Rivers,
Texas; and Manchester, Kentucky and a Federal Detention Center in
Puerto Rico.
The funds required to be appropriated for prison construction
are substantial -- the current plan calls for a cumulative
amount of approximately $1.2 billion over the next four fiscal
years (FY 1990 - FY 1993).
CURRENT ASSESSMENT
While we are making substantial progress in our prison expansion
program, our current plan may be insufficient to meet the impact
of several recent developments in the Federal criminal justice
system.
Our expansion plans are based on a projection that the Federal
inmate population will increase to 83,500 by FY 1995. The
Bureau of Prisons' has worked closely with the U. S. Sentencing
Commission in the area of prison population projections. Our
current projection of 83,500 was developed over one year ago and
represents a midpoint of several Commission projections. The
Commission's highest estimate was that the Federal inmate
population would increase to approximately 125,000 by FY 1997.
It is highly probable that the increased sanctions included in
the Anti-Drug Abuse Act of 1988 and drug enforcement initiatives
now under development will result in a higher future inmate
population than is currently projected.
We are also seeing some early indications that the new
sentencing guidelines may be increasing the actual time served
even more than originally anticipated, particularly in the drug
offense categories. The bottom line is that our population
projections, which have traditionally been conservative, may be
substantially understated. We are currently working with the
Sentencing Commission to develop new projections and plan to
have them available for the development of the FY 1991 Budget
this summer.
As a result of the above, it may be necessary to "upscale" our
expansion program based on new higher projections. This action
would most likely receive mixed reactions from the Office of
Management and Budget (OMB). As you are aware, we recently
revised our goal of reducing overcrowding from a previous 20
percent goal to 30 percent in response to OMB's funding
concerns.
Another issue of major importance to our expansion program is
the Bureau of Prisons' use of military bases. There has been
recent increased receptivity in the Department of Defense to the
concept of establishing minimum security Federal Prison Camps on
active military bases. We are moving ahead at several bases
throughout the country. This is an important development since
this approach is the most cost-effective method of obtaining
space for minimum security Federal offenders.
In addition, we also need access to several parcels of military
land in order to construct higher security institutions such as
Metropolitan Correctional Centers (MCC's) which principally
house pre-trial detainees. Several land parcels (e.g. Brooklyn
Naval Station, a portion of Fort Meade) are included in the
recommendations of the Commission on Base Closures and
Realignments. However, the long time-frames included in this
legislation do not coincide with our urgent needs. Consequently,
several years without success.
Based upon past experience, it is clear that our objectives
regarding some of the military bases cannot be accomplished
through normal, routine channels.
I would appreciate the opportunity of meeting with you to
discuss potential strategies addressing the issues noted above.
We have developed an executive level presentation regarding
prison overcrowding and our expansion program. This briefing was
given to former OMB Director Miller in the Attorney General's
Command Center and was also presented to the National Drug
Policy Board at the White House. I suggest that you might be
interested in seeing this presentation as an overview of our
current expansion program. I have attached the Executive
Summary of our budget request and a listing of the major prison
construction projects which comprise our current expansion
program. This general background material may be of interest to
you. I will await your further direction.
Attachments
U.S. Department of Justice
Federal Bureau of Prisons
FY 1990 Congressional
Budget Estimates
DEPARTMENT TEDERAL * BUREAU OF OF AUSTICE *
Federal Prison System
FY 1990 President's Budget
Executive Summary
The Federal Prison System (FPS) is requesting $1.6 billion and 19,431 positions
in FY 1990, an increase of $213.8 million and 2,441 positions over the 1989
appropriation anticipated. The principal theme of the FY 1990 Budget is the
continuation of the Bureau of Prisons' capacity expansion program.
Population Growth/Overcrowding
The Federal inmate population has grown by over 21,700 inmates since January
1981; an unprecedented increase of 91 percent in eight years. The current
population of approximately 45,500 inmates is housed in prison facilities that
by contemporary correctional standards should confine about 29,000 inmates.
Today, Federal prisons are overcrowded by a system-wide average of more than 50
percent with some individual institutions overcrowded by more than 100 percent.
While the growth in the inmate population is placing extreme pressures on the
Federal Prison System, it represents clear and convincing evidence of the
accomplishments of the nation's Federal law enforcement program. Of
particular note is the fact that the percentage of the total inmate population
incarcerated for drug offenses has been steadily rising. In 1981, it was 25
percent. Today, it is 43 percent and continuing to increase.
The current level of prison overcrowding coupled with substantial growth in the
future prison population could create a crisis of major proportions in the
Federal criminal justice system. This potential catastrophe has been directly
addressed by the Attorney General and the President through the establishment
of a major objective for the Federal Bureau of Prisons. Simply stated, the
objective is to expand the capacity of the Federal Prison System to keep pace
with projected increases in the inmate population and to simultaneously reduce
prison overcrowding to 30 percent by FY 1995.
Future Population Projections
It should be noted that the Federal inmate population projection has been
revised since preparation of the President's FY 1989 Budget. The previous
projection of approximately 72,000 inmates by FY 1995 was a preliminary
forecast made before the completion of the U.S. Sentencing Commission's
analysis of the impact of the new sentencing guidelines and the Anti-Drug Abuse
Act of 1986. The Bureau of Prisons has worked closely with the Commission in
the development of new projections and has revised its FY 1995 projection
upwards to 83,500 inmates, an estimate which we believe is still conservative
since it does not include the impact of the Anti-Drug Abuse Act of 1988.
Alternatives to Confinement
The Federal Criminal Justice System has traditionally made extensive use of
alternatives to confinement. In 1988, approximately two-thirds of the 125,500
Federal offenders were under supervision in the community. The principal
alternative to incarceration continues to be probation. The Federal Prison
System has also sought to expand alternatives to institutional confinement of
prisoners. Since 1982, the community treatment center population was expanded
by 2,650 offenders from 950 to 3,600 inmates. This increase has reduced
significantly the potential institution based population. In addition, during
1988, 1,200 offenders were placed on special curfew parole status and FPS
implemented the limited use of electronic monitoring for those offenders who do
not present a threat to society.
Capacity Added and in Progress
With the support of this Administration and the Congress, the Bureau of Prisons
has increased capacity by 6,500 beds since 1981. Funding currently available
for the construction of new prisons, the acquisition of surplus facilities for
conversion to minimum security camps, and the expansion of existing
institutions will add about 13,700 beds when completed.
During 1988, the Bureau of Prisons partially activated a new Federal
Correctional Institution in Marianna, Florida and recently completed
construction on a Metropolitan Detention Center in Los Angeles, California.
Under construction are the Federal Correctional Institutions in Fairton, New
Jersey; Jesup, Georgia; Sheridan, Oregon; and Bradford, Pennsylvania. Within
the next several months, we will begin construction of three Federal
Correctional Institutions located in Schuylkill, PA; Three Rivers, TX; and
Manchester, KY. Also, the Bureau of Prisons has selected a site for a Federal
Detention Center in Puerto Rico and is considering several sites for a new
Northeast and Southeast Federal Correctional Institution and a Metropolitan
Detention Center in the Northeast. It should be noted that the Attorney
General has approved the transfer of funds from the Assets Forfeiture Fund at
the end of 1989 for the construction of a South Central Federal Correctional
Institution.
Nevertheless, without continuation of the capacity expansion program during
1990 and in subsequent years, the Federal Prison System will be 90 percent
overcrowded in 1995.
Capacity Expansion - Cost Effective Approaches
The Bureau of Prisons has taken several steps to insure that new prison
construction is as cost effective as possible. These actions include the use
of Federal surplus property, donation of land to the government at no cost and
the use of already proven prison designs and new construction techniques. The
design of Federal correctional facilities and use of new security technology is
also responsible for prison staffing requirements that are less than occur in
most state correctional systems.
In addition, there has been recent increased receptivity in the Department of
Defense to the concept of establishing Federal Prison Camps on active military
bases. This is an important development since this approach is the most cost-
effective method of obtaining space for minimum security Federal offenders. It
is necessary, however, to implement new cost containment approaches;
particularly for medium security Federal prisons-which constitute the majority
of the institutions to be constructed in the future.
Consequently, in order to contain new prison construction costs as well as
future operating expenses, the Bureau of Prisons is planning several prison
design changes which are reflected in the FY 1990 request. Briefly stated, a
complex of several correctional facilities of different security levels (e.g.,
a U.S. Penitentiary, a Federal Correctional Institution and a Federal Prison
Camp) would be constructed at one site. In addition, the design capacity of
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medium security Federal Correctional Institutions will be increased from the
current level of approximately 500 to a capacity of over 900. This will be
accomplished by modestly increasing the cell size and initially designing two-
thirds of the prison's cells for two inmates each.
The Bureau of Prisons continues to believe that the design standard for maximum
security prisons should be a single inmate in a single cell. However, our
experience over the past several years has demonstrated that the Bureau of
Prisons can safely operate medium security prisons with a majority of the cells
housing two inmates each.
FY 1990 Capacity Expansion Request
We are requesting funds in FY 1990 for the construction of two "Federal
Correctional Complexes" and the expansion of seven existing institutions.
Also, the Bureau of Prisons is seeking authority to undertake a leasing program
for two new Federal Correctional Institutions. These prisons would be financed
and constructed with private resources, leased on an annual basis, and staffed
and managed by the Bureau of Prisons.
In addition to our plans to construct new prisons for sentenced offenders, the
Bureau of Prisons continues to assist the U.S. Marshals Service in housing pre-
trial detainees. We have developed close cooperation between both agencies
through joint planning efforts.
The U.S. Marshals Service (USMS) first attempts to meet its detention
responsibilities by contracting with local jails through the use of
Intergovernmental Agreements and the Cooperative Agreement Program (CAP). The
USMS has identified several geographic locations where they anticipate that
local contracts will be insufficient to meet their pre-trial detention
requirements. For these locations, the USMS has requested that the Bureau of
Prisons provide detention facilities through the construction of new
Metropolitan Detention Centers, and the expansion or establishment of detention
units at existing Federal prisons. The Bureau of Prisons has revised its five-
year facilities expansion plan to incorporate all such detention requirements
identified by the USMS. For FY 1990, this includes a new Miami Metropolitan
Detention Center and detention units at two existing facilities.
In summary, the Bureau of Prisons is requesting $360.6 million in FY 1990 to
further expand the capacity of the Federal Prison System by 7,845 beds. This
includes new capacity for 6,845 sentenced Federal offenders and 1,000 Federal
detainees.
Outyear Capacity Expansion Plan
In addition to the resources requested in 1990, the Federal Prison System will
require an additional 12,670 beds at a cost of approximately $813 million
during the period 1991 to 1993 to keep pace with projected increases in the
inmate population for both sentenced and unsentenced prisoners and to reduce
prison overcrowding to 30 percent by 1995.
FY 1990 New Activations
In addition to the new construction funds required to continue our expansion
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program, the FY 1990 request also includes important resources to activate new
institutions. Specifically $45.4 million and 634 positions is required to open
one new medium security Federal Correctional Institution, five minimum security
Federal Prison Camps on military bases and six expansion projects at existing
prisons. In total, these projects will bring 2,680 prison beds "on-line"
during FY 1990.
Privatization
In addition to the continued expansion of Bureau of Prisons' owned and operated
prisons, we are continuing to use the services of private sector detention
companies wherever appropriate. The FY 1990 Budget includes a request to
conduct a "pilot" prison privatization project by contracting with a private
sector firm to construct, staff and manage a 500-bed facility to house short-
term sentenced aliens. It is conceivable that this proposed contract facility
could be larger and jointly used by the Bureau of Prisons and by the
Immigration and Naturalization Service for its criminal alien detention
program.
Staffing Existing Institutions
Operating the Federal Prison System at 60 percent over its designed capacity
without commensurate staffing increases has placed severe demands on staff.
Prison overcrowding is commonly related to an increased potential for inmate
idleness, inmate violence and inmate litigation. Failure to improve staffing
systemwide can seriously compromise the security of our Federal prisons,
endangering life and property. Recognizing this, the President and the
Congress approved an additional 1,600 positions in 1989. The 1990 request
includes 1,500 positions and $22.5 million to continue to improve staffing in
critically understaffed programs for which workload has increased in direct
proportion to increases in inmate population.
Federal Prison Industries, Inc.
The final item of our FY 1990 budget request which merits emphasis regards
Federal Prison Industries (FPI). The FPI is not only a wholly-owned Government
corporation selling products to the Federal government, it is also a vital
correctional management program. The ability to keep increasing numbers of
inmates employed and productive has played an extremely important role in
dealing with prison overcrowding. In this context, it is essential that FPI
remain financially solvent in the years ahead. As the growth in inmate
population continues, the FPI, like any other business, will not be able to
accomplish the required scale of physical plant expansion from retained
earnings. Part of this issue has already been addressed in the current request
for FPI loan authority.
In order to further insure the financial stability of FPI in the future, the FY
1990 budget proposes that vocational training and inmate performance pay be
funded in the Salaries and Expenses (S&E) Appropriation rather than by FPI.
A portion of the vocational training expenses previously had been transferred
to the S&E Appropriation with Congressional support and approval. Inmate
performance pay which is currently funded by FPI, is not for inmates employed
by Industries but for payments to inmates who work in other prison areas such
as food service and maintenance. In virtually every state correctional system,
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these types of payments are paid from appropriated funds. Approval of these
two proposals will play an important role in insuring the future financial
soundness of FPI.
In conclusion, it is recognized that the prison expansion program is an
undertaking of major dimensions, both in terms of human and financial
resources. It is equally clear that failure to substantially achieve the
objective could result in prison overcrowding that seriously jeopardizes the
life and safety of Bureau of Prisons staff and inmates. This type of a crisis
would invite court intervention and the establishment of prison population
"caps", a situation which has occurred in numerous state correctional systems.
The only available option at that point is to significantly reduce criminal
investigations and prosecutions or provide early releases for substantial
numbers of inmates; alternatives which are inconsistent with the Department's
mission.
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Capacity Expansion Plan
Beds
$(000)
1990 Plan
New Federal Prisons:
Northeast Correctional Complex
1,960
$114,700
Western Correctional Complex
1,960
116,400
Lease Program:
North Central FCI with a 250 bed camp
580
0
Western FCI with a 250 bed camp
580
0
Expansion of Existing Institutions:
Big Spring Housing Unit
240
$4,500
Otisville Satellite Camp
150
6,000
Tallahassee Satellite Camp
150
5,300
Tyndall Housing Unit & Support Facilities
225
6,000
Loretto Housing Unit Expansion
100
5,000
Danbury Satellite Camp Expansion
150
5,300
Lewisburg Segregation Unit
9,700
Detention Capacity:
Miami, FL MDC
700
$58,000
Milan Detention Unit
150
10,800
Atlanta Detention Unit
150
9,100
Acquire Existing Facilities
750
$9,800
Subtotal
7,845
360,600
1991 Plan
New Federal Prisons:
Northeast Correctional Complex
1,960
$119,700
Southeast FCI with a 250 bed Camp
1,160
61,100
Expansion of Existing Institutions:
Raybrook Satellite Camp
150
$5,500
Detention Capacity:
Northeast MDC
350
$37,500
Sheridan Detention Unit
150
10,800
Leavenworth Detention Unit
150
10,300
Butner Detention Unit
150
8,700
Subtotal
4,070
253,600
Capacity Expansion Plan Cont'd
Beds
$(000)
1992 Plan
New Federal Prisons:
Western Correctional Complex
1,960
$125,700
Southeast Correctional Complex
1,960
114,300
Detention Capacity:
Arizona MDC
600
$57,200
Memphis Detention Unit
150
9,700
El Reno Detention Unit
150
9,800
Seagoville Detention Unit
150
9,800
Subtotal
4,970
326,500
1993 Plan
New Federal Prisons:
Northeast FCI with a 250 bed Camp
1,160
$73,800
North Central FCI with a 250 bed Camp
1,160
71,600
Western FCI with a 250 bed Camp
1,160
77,100
Detention Capacity:
Western Detention Unit
150
$10,000
Subtotal
3,630
232,500
Total Changes (1990-1993)
20,515 1,173,200
April 5, 1989
MEMORANDUM
TO:
SENATOR DOLE
FROM:
DENNIS SHEA
SUBJECT: PRISONS
In preparation for your upcoming White House meeting on
assault weapons, I thought that the following information on
prison overcrowding might be helpful to you.
Correctional Population
When evaluating the scope of the prison overcrowding problem,
it is important to note the overall correctional population in
the United States. According to the Department of Justice, the
correctional population in the United States in 1987 was
approximately 3.4 million persons. This number constituted 1.9%
of the entire U.S. adult population.
Of the 3.4 million persons in the correctional population, 8%
were in jail, 65% were on probation, 10% were on parole, and 17%
were in prison. Many of the persons in the correctional
population are placed on parole or probation simply because there
is not enough federal or state prison space.
Current Prison Populations
As of December 31, 1987, there were approximately 604,000
persons in the federal and state prison systems.
Federal Prison System: According to the Federal Bureau of
Prisons, the current population of the federal prison system is
approximately 47,000. The current rated capacity of the system
is approximately 31,000. As a result, the federal prison system
is over-capacity by 16,000 inmates, or 52%.
State Prison System: The Department of Justice estimates
that there were 557,000 persons in the various state prison
systems as of December 31, 1987. Although each state determines
prison capacity differently, the Department of Justice estimates
that last year the state prison systems exceeded their capacities
by 5% to 20%.
Cost of Additional Prison Space
In light of the over-capacity problem in both the federal and
state prison systems, the National Governors Association has
estimated that there is currently a need for an additional 70,000
prison spaces. According to the Association, each prison space
will cost approximately $50,000 to construct. The total price
tag for the additional construction: $3.5 billion.
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Budget Request
The fiscal 1990 budget includes a requested appropriation of
$401 million for the construction and maintenance of federal
prisons. In addition to the resources requested in 1990, the
Federal Bureau of Prisons will require approximately $813 million
to further expand federal prison capacity during the period from
1991-1993.
Recidivism
The need for additional prison spaces is highlighted by the
serious problem of recidivism. According to a recent study
conducted by the Department of Justice, an estimated 62.5% of
state inmates were rearrested for a felony or a serious
misdemeanor within 3 years of their discharge from prison. The
study suggested that prisoners who served longer terms generally
had lower rearrest records.
United States Senate
MEMORANDUM
John, this is the
package as developed by
the staff group last Friday.
We desperatly need the
opportunity to discuss the
nationale and tactics !
Jim miclure
April 18, 1989 1:00 p.m.
DRAFT
NATIONAL EMERGENCY CRIME REDUCTION ACT
Purpose: To declare a National Crime Emergency, to reform
existing federal and state prison systems, to authorize the
construction and funding of new regional prison facilities, to
enhance the enforcement of the federal firearms statutes and to
increase the penalties for violations of these statutes, and to
reform federal criminal procedures.
Title I.
Declaration of National Crime Emergency
A. Declare a 5-year National Crime Emergency.
B. Declare that the public has been endangered by i) the
,
burdensome requirements imposed by the courts upon the
federal and state prison systems, ii) the lack of
adequate prison space to house dangerous criminals, and
iii) the failure of the federal courts to strike a fair
balance between the legitimate rights of the criminally
accused and the public's right to safety and security.
Title II. Prison Reform and Impact on Public Safety
Prison Overcrowding
A. Establish that "jail cap" orders issued by federal courts
as remedies to prison overcrowding unreasonably endanger
the public.
B. Authorize improved medical or health care, fines, and
damages as remedial relief in lieu of inmate ceilings and
"jail cap" orders.
C. Upon application of a state, authorize the reopening of
any "jail cap" order that is designed to remedy
overcrowding and that is in effect on the date of the
enactment of NECRA. Authorize the Attorney General of
the United States to assist the respective states in such
reopening proceedings in order to ensure that
"jail cap" orders comply with the public safety
provisions of this title.
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D. Require a plaintiff-inmate to establish that prison
conditions have inflicted a "cruel and unusual"
punishment upon him prior to obtaining a
federal court order declaring that such conditions
violate the 8th Amendment.
Report on Sentencing Standards
E. Direct the Attorney General of the United States to
prepare an annual report on sentences imposed by federal
judges during the preceding year in order to enable the
public to assess criminal sentencing patterns.
Mandatory Drug Testing of Prisoners
F. Subject any individual convicted of a drug-related crime
to mandatory drug-testing as a condition of parole.
G. Require the courts to assemble a list of assets held by
any individual convicted of selling illegal drugs.
H. Adopt "conspicuous consumption" language to prevent any
individual convicted of selling drugs from using, or
benefitting from, previous drug trafficking profits after
parole.
Prison Industries
I. Direct the Attorney General of the United States to
prepare a study of the potential effects of lessening,
and possibly removing, the current legislative
impediments to prison industry initiatives, especially
the Hawes-Cooper restrictions on interstate commerce in
prison-manufactured goods.
J. Direct the Federal Bureau of Prisons to conduct a test
case study of the feasibility of prison industry
initiatives.
Title III. Prison Construction
Temporary Measures
A. Direct the Attorney General of the United States to
cooperate with the Department of Defense and to identify
"emergency confinement areas" within 180 days of the
enactment of NECRA.
B. Direct the Federal Bureau of Prisons to identify specific
categories of prisoners who could be reassigned to the
"emergency confinement areas" within 180 days of the
enactment of NECRA. Prisoners that could be reassigned
include i) non-violent criminals, ii) white collar
criminals, and iii) criminals who will be released within
6-12 months.
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C. Direct the Federal Bureau of Prisons to review and
recommend the technology necessary to accomplish the
reassignment.
D. Direct the General Services Administration, the
Department of Defense, the Department of Interior, and
other pertinent federal agecies to prepare a joint study
on the appropriateness of using federal lands to house
prison facilities.
E. Authorize the use of inactive (and, where appropriate,
active) military installations as detention facilities
for individuals convicted of drug-related crimes.
Permanent Measures -- Regional Prisons
F. Authorize the construction of several large regional
prisons for federal, state and multi-state use, with a
cumulative capacity of approximately 70,000 inmates.
G. Finance construction on a "pay-as-you-go" basis and
exclusively from the following sources: i) proceeds from
the sale of specified federal assets, ii) funds released
as a result of program terminations, iii) asset
forfeiture funds, iv) state contributions, and v) private
construction and leasing arrangements. Construction
costs will not be financed with existing funds
appropriated to the Federal Bureau of Prisons or with
funds requested by the Bureau during the normal
appropriations process.
H. Authorize the Federal Bureau of Prisons or the state of
domicile, or both, to operate and manage new regional
prisons.
I. Finance operating costs of each regional prison with
contributions by the Federal Bureau of Prisons and the
participating states (contributions proportional to
number of inmates each jurisdiction places in regional
prison).
J. Entitle state of domicile to largest share of prison
spaces in each regional prison.
K. Authorize the Attorney General of the United States to
determine whether each state is taking independent
measures to resolve its own prison overcrowding problem.
Determination by the Attorney General that such measures
are inadequate to resolve overcrowding problem on a
timely basis disqualifies a state from i) eligibility as
domicile of regional prison and ii) housing state
prisoners in regional prison.
-4-
Permanent Measures -- Improved Construction
L. Direct the Federal Bureau of Prisons to review existing
prison construction standards and to recommend changes
that will reduce construction costs, consistent with
necessary security measures.
M. Authorize the deployment of state and federal prisoners
to assist with the construction of new prison facilities,
consistent with necessary security measures.
N. Require any individual convicted of any drug-related
offense to pay a $1,000 fine that will be deposited in a
"Prison Construction Fund" and that will be used to
defray prison construction expenses. Such fine will be
in addition to any other sentence or penalty imposed.
Title IV. Standardized and Biometric Identification
A. Require the Federal Task Force on standardized
identification (already in place) to issue uniform
methods for biometric identification within 3 months of
the enactment of NECRA.
B. Direct the Attorney General of the United States to
determine, no later than November 1989, whether to
require states to implement new biometric identification
for drivers licenses and state-issued non-drivers
identification cards. If the Attorney General makes a
favorable determination, require states to i) implement
new biometric identification for drivers licenses and
state-issued non-drivers identification cards within 1
year of such determination and ii) replace current
drivers licenses and non-drivers identification cards
within 4 years of such determination.
C. Require states to transfer felony conviction records to
proper federal authority according to a schedule, and
in a manner, determined by the Attorney General of the
United States.
D. Failure to comply with B. and C. above disqualifies a
state from i) eligibility as domicile of regional prison
and ii) housing state prisoners in regional prison. See
"Title III -- Permanent Measures -- Regional Prisons.
"
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Title V. Firearm Control and Integrity
Form 4473
A. Add "convicted of a drug offense" to question concerning
whether applicant is an "unlawful user of, or addicted
to" marijuana, or a depressant, stimulant, or narcotic
drug.
B. Create Federal Task Force from mental health, police and
court professionals to develop a new standard in lieu of
current "adjudicated mentally defective or
ever
committed to a mental institution" standard.
C. Double current penalty for intentional or materially
false statement on a Form 4473 to a maximum sentence of
ten years imprisonment and a maximum fine of $10,000.
Mandatory Minimum Sentences
D. Require states to establish mandatory minimum sentences
(equal to or greater than the current federal statutes)
for those convicted of using a firearm in the commission
of a felony.
E. Failure to comply with D. above disqualifies a
state from i) eligibility as domicile of regional prison
and ii) housing state prisoners in regional prison. See
"Title III -- Permanent Measures -- Regional Prisons.
"
Department of Justice Report on Dealer Check
F. Require Department of Justice to issue report on dealer
check at time of purchase no later than September 1989.
Prohibition of Firearms' Purchases
G. Create new 5-year prohibition of firearms' purchases by
individuals previously convicted of a crime punishable by
a prison term of 6 months or more.
Creation of Penalties and Enhancement of Existing Penalties
H. Authorize death penalty for use of firearms during the
commission of a crime.
I. Authorize criminal penalties and mandatory minimum
sentences for theft of a firearm.
J. Enhance penalties for the use of a semi-automatic weapon
during the commission of a violent crime.
K. Enhance penalties for smuggling firearms into the United
States while engaged in, or in the furtherance of, drug
trafficking.
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Restrictions on Plea Bargaining
L. Prohibit the reduction of any charge involving a firearms
violation and carrying a sentence of 1-year or more to a
charge carrying a sentence of less than 1 year.
M. Prohibit the dismissal of any charge involving a firearms
violation and carrying a sentence of less than 1 year.
N. Provide a limited exception to restrictions on plea
bargaining for those individuals who cooperate with law
enforcement officials.
Juvenile Justice
O. Require that juveniles who commit crimes involving
firearms be tried as adults.
Additional Assistant U.S. Attorneys
P. Provide authorization and funding for additional U.S.
Attorneys to assist in the prosecution of firearms
violations.
Bureau of Alcohol, Tobacco and Firearms
Q. Authorize additional funding for the Bureau of Alcohol,
Tobacco and Firearms to enforce Section 924 (c) of Title
18.
Title VI.
Criminal Justice Reform
A. Reinstate federal death penalty and reform federal
sentencing laws to conform with Supreme Court guidelines.
B. Modify exclusionary rule.
C. Reform habeas corpus to simplify the appellate process
and to impose time limitations on habeas applications by
federal and state prisoners.
4/18
LATEST DRAFT
FROM DOLE'S
OFFICE.
FRED.
OFFICES REPRESENTED IN WORKING GROUP:
Senators Dole, McClure, Thurmond, Specter, McConnell, Gramm,
Hatch, Grassley and Symms. (Offices contacted who indicated they
will follow McClure lead -- Lott, Coats and Wallop.)
Congressmen McCollum, Craig, Marlenee, Gekas and LaMar Smith.
April 14, 1989 4:00 p.m.
DRAFT
FOR DISCUSSION PURPOSES ONLY
NATIONAL EMERGENCY CRIME REDUCTION ACT
Purpose: To declare a National Crime Emergency, to reform
existing federal and state prison systems, to authorize the
construction and funding of new regional prison facilities, to
enhance the enforcement of the federal firearms statutes and to
increase the penalties for violations of these statutes, and to
reform federal criminal procedures.
Title I.
Declaration of National Crime Emergency
A. Declaration of a 5-year National Crime Emergency.
B. Declaration that the public has been endangered by i) the
burdensome requirements imposed by the courts upon the
federal and state prison systems, ii) the lack of
adequate prison space to house dangerous criminals, and
iii) the failure of the federal courts to strike a fair
balance between the legitimate rights of the criminally
accused and the public's right to safety and security.
Title II. Prison Reform and Impact on Public Safety
Prison Overcrowding
A. Establish that "jail cap" orders issued by federal courts
as remedies to prison overcrowding unreasonably endanger
the public.
B. Require a plaintiff-inmate to establish that prison
conditions have inflicted a "cruel and unusual"
punishment upon him prior to obtaining a
federal order declaring that such conditions violate the
8th Amendment.
C. Authorize improved medical or health care, fines, and
damages as remedial relief in lieu of inmate ceilings and
"jail cap" orders.
Report on Sentencing Standards
D. Direct [insert appropriate agency] to prepare an annual
report on sentences imposed by federal judges during the
preceding year in order to enable the public to assess
criminal sentencing patterns.
-2-
Mandatory Drug Testing of Prisoners
E. Subject any individual convicted of a drug-related crime
to mandatory drug-testing while in prison and as a
condition of parole.
F. Require the courts to assemble a list of assets held by
any individual convicted of selling illegal drugs.
G. Adopt "conspicuous consumption" language to prevent any
individual convicted of selling drugs from using, or
benefitting from, previous drug trafficking profits after
parole.
Prison Industries
H. Direct the Attorney General of the United States to
prepare a study of the potential effects of lessening,
and possibly removing, the current legislative
impediments to prison industry initiatives, especially
the Hawes-Cooper restrictions on interstate commerce in
prison-manufactured goods.
I. Direct the Federal Bureau of Prisons to conduct a test
case study of the feasibility of prison industry
initiatives.
Title III. Prison Construction
Temporary Measures
A. Direct the Attorney General of the United States to
cooperate with the Department of Defense and to identify
"emergency confinement areas" within 180 days of the
enactment of NECRA.
B. Direct the Federal Bureau of Prisons to identify specific
categories of prisoners that could be reassigned to the
"emergency confinement areas" within 180 days of the
enactment of NECRA. Prisoners that could be reassigned
include i) non-violent criminals, ii) white collar
criminals, and iii) criminals who will be released within
6-12 months.
C. Direct the Federal Bureau of Prisons to review and
recommend the technology necessary to accomplish the
reassignment.
D. Authorize the use of inactive (and, where appropriate
active) military installations as detention facilities
for individuals convicted of drug-related crimes.
-3-
Permanent Measures
B. Authorize the construction of 4 to 7 regional prisons for
federal, state and multi-state use, with a cumulative
capacity of approximately 70,000 inmates.
C. Finance construction on a "pay-as-you-go" basis and
exclusively from the following sources: i) proceeds from
the sale of specified assets, ii) funds released as a
result of program terminations, iii) asset forfeiture
funds, iv) state contributions, and v) private
construction and leasing arrangements. Construction
costs will not be financed with existing funds
appropriated to the Federal Bureau of Prisons or with
funds requested by the Bureau during the normal
appropriations process.
D. Authorize Federal Bureau of Prisons to operate and manage
new regional prisons.
E. Finance operating costs of each regional prison with
contributions by the Federal Bureau of Prisons and the
participating states (contributions proportional to
number of inmates each jurisdiction places in regional
prison).
F. Entitle state of domicile to largest share of prison
spaces in each regional prison.
Title IV. Firearm Control and Integrity - change title
Form 4473
Ex: Oriminal Misuse of Firearms
A. Add "convicted of a drug offense" to question concerning
whether applicant is an "unlawful user of, or addicted
to" marijuana, or a depressant, stimulant, or narcotic
drug.
B. Create Federal Task Force from mental health, police and
court professionals to develop a new standard in lieu of
current "adjudicated mentally defective or
ever
committed to a mental institution" standard.
and
C. Double current penalty for intentional materially
false statement on a Form 4473 to a maximum sentence of
ten years imprisonment and a maximum fine of $10,000.
State Eligibilty Requirements
D. Require states to establish mandatory minimum sentences
(equal to or greater than the current federal statutes)
for those convicted of using a firearm in the commission
of a felony. (Include defense.) exception for individuals acting iN alf
-4-
E. Require states to transfer felony conviction records to
proper federal authority according to a schedule, and in
a manner, determined by the Attorney General of the
United States.
III and P of Title IV.
F. Failure to adopt D. and E above disqualifies a state
from i) eligibility as domicile of regional prison
and ii) housing state prisoners in regional prison.
See "Title III -- Permanent Measures.
Department of Justice Report on Dealer Check
G. Require Department of Justice to issue report on dealer
check at time of purchase no later than September 1989.
Prohibition of Firearms' Purchases
a second time or more
H. Create new 5-year prohibition of firearms' purchases by
individuals previously convicted of avcrime punishable by
a prison term of 6 months or more.
violent
Creation of Penalties and Enhancement of Existing Penalties
I. Authorize death penalty for use of firearms during the
commission of a crime.
J. Authorize criminal penalties for theft of a firearm.
K. Enhance penalties for the use of a semi-automatic weapon
during the commission of a violent crime.
L. Enhance penalties for smuggling firearms into the United
States trafficking. while engaged in, or in the furtherance of, drug
Limitations on Plea Bargaining
Have asked
D.A. Assn,
M.
Prohibit the reduction of any charge involving a firearms
Prosecutors to
violation and carrying a sentence of 1-year or more to a
charge carrying a sentence of less than 1 year.
draft language
so it won't
N.
Prohibit the dismissal of any charge involving a firearms
adversely effect
violation and carrying a sentence of less than 1 year.
their operations.
O. Provide a limited exception for those individuals who
cooperate with law enforcement officials.
Juvenile Justice
P. Require that juveniles who commit cr crimes felonies involving
firearms be tried as adults. (See F above for
encouragement to states to do the same.)
-5-
Additional Assistant U.S. Attorneys
Q. Provide authorization and funding for additional U.S.
Attorneys to assist in the prosecution of firearms
Bureau of Alcohol, Tobacco and Firearms
violations. (Specify those sections dealing of criminal use of firearm.)
R. Authorize additional funding for the Bureau of Alcohol,
Tobacco 18. and Firearms to enforce Section 924(c) of Title
Title V.
Criminal Justice Reform
A. Reinstate federal death penalty and reform federal
sentencing laws to conform with Supreme Court guidelines.
B. Modify exclusionary rule.
C. Reform habeas corpus to simplify the appellate process
and to impose time limitations on habeas applications by
federal and state prisoners.
04/30/89
18:52
4152736357
002
COMMITTEES:
FORTNEY H. (PETE) STARK
WAYS AND MEANS
one DISTRICT, CALIFORNIA
DISTRICT OF COLUMBIA
SELECT NARCOTICS
CONGRESS OF THE UNITED STATES
HOUSE OF REPRESENTATIVES
WASHINGTON, D.C. 20515
April 27, 1989
Dear Colleague:
The "Semiautomatic Assault Weapons Act of 1989", H.R. 1190, currently has
80 bipartisan cosponsors. Two days of hearings have been held before the
Judiciary Subcommittee on Crime and a hearing was held before the Ways and
Means Subcommittee on Trade.
H.R. 1190 would treat 11 specific types of semiautomatic assault weapons -
the AK-47, UZI, MAC-10, TEC-9, Colt AR-15, Beretta AR-70, FN-FAL
or FN-FAC, Ruger Mini-14, Steyr A.U.G., USAS 12, and the "Street
Sweeper" - in exactly the same manner as current federal law for fully
automatic machine guns. The bill also addresses large capacity ammunition
feeding devices of more than ten rounds.
As you may be aware, 926,000 semiautomatic 'military-style' weapons
are included in the Administration's temporary suspension of
importation of 29 specific types of weapons. The temporary
suspension includes five types of weapons listed in H.R. 1190. We, along with
the major national law enforcement organizations, continue to support the
Administration's courageous action in this arca.
Law enforcement estimates that should this ban be lifted, the entire stock
of 926,000 weapons would be sold in less than four weeks. Of
course, 46 states allow over-the-counter sales! As the reverse side
indicates, criminal misuse of these 29 types -- including the Chinese-
made AK-47 and the UZI increased 73% last year. To cosponsor H.R.
1190, call 5-4493.
Sincerely,
Vin
Tom
Don
Vic Fazio
Tom Campbell
Don Edwards
Member of Congress
Member of Congress Member of Congress
Lett
Richard Lehman
Pete Stark
Rick Lehman
Member of Congress
Member of Congress
THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS
04/30/89
18:53
4152736357
003
The Bush Administration has placed 29 types of Semiautomatic
weapons under temporary suspension for importation.
Criminal Misuse of These Weapons
INCREASED 73% LAST YEAR
Military-Style Semiautomatic Assault Weapons Traced
By The Bureau Of Alcohol, Tobacco and Firearms
As Result Of Criminal Misuse
3,977
4,000
3,000
2,296
2,000
1,000
0
FY 1987
FY 1988
-Source: Bureau of Alcohol, Tobacco and Firearma
926,000 Semiautomatic Weapons-Including
The AK-47 And The UZI-are
Waiting To Be Imported.
46 States Allow Over-The-Counter Sales.
CO-SPONSOR AND SUPPORT H.R. 1190
-
04/30/89
18:52
4152736357
001
A FAX REPORT
FROM THE OFFICE OF
CONGRESSMAN PETE STARK
TO:
GOVERNOR SUNUNU
FROM: CONGRESSMAN PETE STARK
SUBJECT: SEMIAUTOMATIC ASSAULT WEAPINS
DATE:
4/31/89
PAGES TO FOLLOW: 2
WE CAN BE REACHED AT:
OFFICE
202-225-5065
NOTES:
Thermedics Inc.
ADVANCED VAPOR DETECTORS FOR EXPLOSIVES
BACKGROUND
Detectors which can detect explosives vapors have been in
existence since the early 1970's. The early threat was
dynamite, and these detectors were designed to detect EGDN
and NG, the two explosives most often found in dynamite. In
order to detect the plastic explosives, an improvement in
performance of over 1,000,000 fold was needed.
As the threat changed in the 1980's, the explosives vapor
detector manufacturers initially claimed that their
instruments could detect the plastic explosives as well.
Unfortunately, these claims were unfounded. The FAA, the
FBI, BAT&F, and DOE all conducted extensive tests which
showed that these instruments could only detect EGDN and
NG, and sometimes TNT, but never plastique. However, if
the plastic explosives were stored in the presence of
dynamite, then the "smell" of the EGDN and NG was
transferred, and they were able to detect the
contamination.
Most recently, the British Home Office and the FBI
conducted full scale tests of these detectors and again
showed that they were incapable of detecting plastique. Two
of the companies involved, Graseby of the U.K. and Scintrex
of Canada, now acknowledge in their literature that their
equipment cannot detect the plastic explosives unless it is
contaminated. A third company, ITI (Iontrak) of the U.K.
still claim that their instrument can detect the plastics,
despite overwhelming evidence to the contrary. The most
recent test was carried out by the FBI in 1988; the test
showed that the ITI instrument could not detect the two
plastic explosives, even if the instrument took a sample
right out of a bottle which contained the explosive. As a
result of some of the false claims which have been made,
vapor detectors have been somewhat discredited.
DEVELOPMENT OF ADVANCED EXPLOSIVES DETECTORS
In 1984, the FAA recognized the shortcomings of the current
technology and began to search for superior approaches. A
competitive proposal was advertised and three contracts
were awarded. EGIS technology, proposed by Thermedics,
showed the most promise and Thermedics was awarded the
final contract to begin to develop the new generation of
explosives vapor detectors for the FAA. The Department of
470 Wildwood Street
P.O. Box 2999
Woburn, MA 01888-1799
(617) 938-3786
Telex 7557644
FAX (617) 933-4476
Thermedics Inc.
State was also interested in the problem. The FAA
concentrated on a system for detecting explosives on
people, and State on a portable system for screening cars,
trucks, suitcases, packages and aircraft. Following
extensive field trials at overseas embassies, the
Department of State took the lead in 1986 and accelerated
the completion of the portable version.
The technical details of EGIS have been classified by the
Department of State. In principle, an air sample is
collected by a portable probe. The probe is then brought
to the analyzer, where the sample is checked for the
presence of explosives. The system not only determines if
an explosive is present, but also identifies which type of
explosive it has found.
EGIS was specifically designed to detect the plastic
explosives. With a sensitivity which is better than 1 part
in 1014, it is estimated to be over 1000 times more
sensitive than a dog's nose. Since it detects the inherent
"smell" emanating from the explosives, detection by EGIS
does not depend on the amount of material which is present.
Even an invisible fingerprint contains more than enough
material to guarantee detection. Because. of the
possibility for inadvertent contamination by even an
invisible sub-microscopic particle, the greater the effort
to conceal the bomb, the easier it is to detect.
In order to defeat EGIS, no trace of the explosive vapor
must be present. In fabricating a radio bomb, for example,
the terrorist would have to mold the plastique into the
cavities of the radio without once touching the case. Using
multiple pairs of gloves, the delicate timing circuit would
have to be wired up. Whenever a tool even touched the
explosive, it would have to be discarded. Gloves would
have to be removed using special clean-room techniques
after each and every step. A single touch or a single
invisible particle would destroy the entire "clean"
procedure. Finally, the entire device would have to be
sealed and then washed in something like a dishwasher; a
highly risky process for a live and armed bomb. Afterwards,
there can be no checking of the device or even making
simple adjustments, since this would also destroy the
sealed ultra-clean environment. Even then, the terrorist
could never be sure that the bomb was not contaminated once
in the entire process. In practice, it would be very
difficult to construct a bomb and then be sure that it
would not be detected by EGIS.
EGIS has been shown to be capable of detecting the
types of bombs which are currently being used by
terrorists, including bombs hidden in a radio, as well as
small amounts of explosives which have been hidden inside
Thermedics Inc.
false linings of luggage.
FIELD TRIALS
Extensive field trials have been conducted on EGIS. In an
early test conducted jointly by the State Department and
the FBI, EGIS was shown to be capable of detecting plastic
explosives hidden in cars. Two prototype units were then
deployed at U.S. embassies overseas. The unit in Rome was
used operationally for over 12 months. It was in use when
terrorists attacked the U.S. embassy in Rome about two
years ago; a car bomb exploded harmlessly on the street
close to the where EGIS was being used to screen vehicles
entering the embassy compound.
FAA conducted an extensive evaluation two months ago, using
an advanced prototype of the final EGIS. Over 350 checked
and carry-on items of passenger luggage were screened. The
FAA test was designed to determine the limits of the
technology as applied to airline luggage. Many of the
scenarios in the five-day exercise were more challenging
than those known to have actually been used against civil
aviation, and included explosives hidden in electronic
devices, false bottoms, etc. In addition, every attempt was
made to defeat the system by scientists who were intimately
familiar with its classified operating principles. Even
then, the results confirmed that the technology was capable
of detecting even small amounts of plastic explosives
hidden in suitcases.
STATUS
EGIS has just entered full production. The first two units
are being shipped in the first week of May 1989. Thermedics
plans to ship about 35 machines in 1989, and has the
capacity to ship 500-1000 systems in 1990. The cost is
$124,000 each for a basic unit, about one tenth of the
price of TNA.
SUMMARY
EGIS was developed primarily by the Department of State,
with some support from the FAA. EGIS has already gone
through 5 different prototype stages and is fully
engineered for mass production. Without any acceleration
in production schedule, 35 units will be produced in 1989.
EGIS is a portable system which is passive and does not
employ nuclear radiation. It is inherently safe and can
be used on carryon baggage and people. It has already been
evaluated in three extensive field trials, with the
equipment being used operationally at the U.S. embassy in
Rome over a 12 month period. It has been shown to be
Thermedics Inc.
capable of finding the type of radio bomb which destroyed
the Pan Am flight.
CONTACTS
The following persons at the Department of State and the
FBI are closely familiar with the Thermedics EGIS
technology.
Gregorie W. Bujac,
Director, Security Technology Programs
U.S. State Department.
Tel: 202-647-1032
Dr. Terry Rudolph,
Head, Explosives Detection Program
Federal Bureau of Investigation.
Tel: 703-640-1111
1223
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
05. Paper
Re: Shortcoming of Thermal Neutron Analysis (TNA) for
n.d.
(b)(2)
Explosives Detection (3 pp.)
Collection:
Record Group:
Bush Presidential Records
Office:
Chief of Staff, White House Office of
Series:
Sununu, John, Files
Subseries:
Issues Files
WHORM Cat.:
File Location:
Crime/Gun Control (1989) [2]
Date Closed:
12/2/2004
OA/ID Number:
29152-002
FOIA/SYS Case #:
1998-0004-F[1]
Appeal Case #:
Re-review Case #:
2005-0426-S
Appeal Disposition:
P-2/P-5 Review Case #:
Disposition Date:
AR Case #:
MR Case #:
AR Disposition:
MR Disposition:
AR Disposition Date:
MR Disposition Date:
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors {a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM. Removed as a personal record misfile.