prosecutorial and investigative proceedings which would facilitate the testimony of child victims of sexual abuse. Changes to be studied include consideration of closed-circuit cameras, two-way mirrors, and out-of-court settlements. The bill would require the Attorney General to modify the classification system used by the National Crime Information Center. Current federal files contain insufficient information to identify sexual molesters already convicted of crimes involving the abuse of children. Each of these provisions will enable the U.S. to better enforce its laws and assist in the crackdown of child pornography. Pornography in this country has reached such vile portions that one of the heads of the commission described his 1 1/2 year investigation of the porn industry as a "glass bottom boat tour of the human sewers of this country." To put this into perspective, U.S. News and World Report has estimated that the pornography industry grosses more than $8 billion a year. The recording and movie industries, which both claimed record years for 1987, had sales of $5.5 billion and $4.5 billion respectively. Of course no statistic is available on how much of the estimated $8 billion is spent on the most repugnant aspect of pornography the exploitation of children. - Let me add one more reason for combating the spread of - pornography the spreading danger of AIDS. We are teaching our children to say "no" to drugs. We are teaching our children to say But are we teaching our children to say "no" to Chastity is word that seems to have vanished "no" to alcohol. premarital sex? from our vocabulary, along with purity, decency, virginity, wholesomeness, and innocence. There already is tremendous pressure on our youth from their peers, from the cinema and television to engage in sex, alcohol and still drugs, drugs, and drugs. Although, thanks to the efforts of Mrs. Reagan, Secretary Bennett and educators across the nation, kids are starting to say "no" to drugs, yet there is no corresponding effort in regards to teenage sex, not even with pre-teen sex. The promising program of saying no to drugs is based on an educational campaign designed to change cultural attitudes, and it is not geared to handing out information on how to engage in drugs safely. In the same manner, I believe the educators should be helping students say no to AIDS, pregnancy, abortion and 7 or 8 other sexually transmitted diseases by saying "no" to premarital sex. The liberal philosophy that dominated the 1960s: "make love not war;" "do your own thing;" "tune-in, turn-off, drop-out" will ultimately result in more deaths from AIDS than we suffered in combat during the Vietnam War. The number of AIDS deaths is now |37,000 and is quickly approaching the total number of U.S. servicemen killed in action during the Vietnam War, which is 47,000. There has been an unfortunate increase in the number of IV drug abusers with a corresponding increase in related AIDS infections among our youth. I believe this is in part due to the lure and glamour of the liberal life style which is inherent in pornographic films. As the Meese Commission outlined, the obsession with sensual and sexual indulgences is facilitated by pornography. Drug abuse, pornography and sexual promiscuity constitute a deadly trio. While this legislation will not cure the ills that face our society today, it does provide a much need innoculation shot. It is difficult to bring back basic family values when our airwaves, our book stores and our movie theaters treat sexual promiscuity in such a casual manner. I will close on the thought that biblical Sodom and Gomorrah was no more lustful or filthy in conduct than what we have in the free world today. Free world takes on an ominous ring in this context. Remember, in Sodom and Gormorrah, they did not have videotape machines, high speed cameras, color imagery, sight and sound, huge screens, private screenings in peoples homes, the awesome power of television and the impact of modern commerce and trade spreading this garbage throughout the world. Mr. Chairman, please do all in your power to move this legislation and bring it to the Floor for a vote. I will do whatever I can to assist you in this critically important endeavor. Thank you. Mr. HUGHES. Our next witness is Representative Bill Green of New York. Welcome, Bill. TESTIMONY OF HON. BILL GREEN, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW YORK Mr. GREEN. Thank you very much. I particularly appreciate the opportunity to testify before this subcommittee today because I know that this subcommittee is one that has a reputation for very thoughtful consideration of the very complex issues that we face in many criminal statutes, but particularly in the pornography area where the problem of First Amendment rights raises its head. The pornography problem has obviously been aggravated for or society by the proliferation of media through which pornograp..y can travel, where once you were thinking in terms only of written pornography-books-with the development of photography, movies, video, and now cable, and the video rental services, tele phone porn, the proliferation of media has obviously aggravat the problem from society's point of view. The bill that I am here to talk about today, the Pornography Victims Protection Act, H.R. 1213, which I have introduced, and which now has 110 cosponsors in the House-and I think that shows the broad acceptance of the principle involved-attempts to come at this problem from a different way than past legislation on one that, in my view, does not pose the kind of First Amendment problems that you have had to look at in dealing with the pornography issue. My bill starts with the fact that either through the use of children or where adults are used very often through intimidation for it, or coercion of the people who are photographed for pornography purposes, there is a harm done to that person who is depicted in the pornography. In essence, by extending the rights to those people, it seeks to create a new means of going after pornographers that does not have First Amendment problems. Basically what we are saying is that someone who uses children, who coerces, intimidates, or defrauds adults into participating in pornography, in addition probably to engaging in criminal activities-certainly in the case of children-is also giving rise to certain civil liabilities which are spelled out in H.R. 1213. Basically, the legislation creates two channels through which those rights can be vindicated. First, the opportunity for the victims-those who are children, or those adults who are coerced and intimidated or defrauded, into participating in the pornographic acts that are depicted-that gives those people the right to monetary and injunctive relief. And that, I think, would be a very potent new weapon against pornographers. In addition to that, under the bill the Attorney General is authorized to seek civil penalties from pornographers who use children, or coerced, defrauded, or intimidated adults. That civil penalty could amount to as much as $100,000, and the Attorney General would then be able to distribute that civil penalty to those who had been victimized by the pornographers' acts. I think that is particularly important with respect to child pornography and vindicating the rights of child victims of the pornog raphy industry because often it is a very traumatic experience for the child to have to appear in court. This vehicle in H.R. 1213, by allowing the Attorney General to bring an action for civil penalties, in essence could often avoid the need for having the child appear in court; the Attorney General could appear in court and present the evidence-typically the product of the pornographer. And on that basis, collect the civil penalty and then distribute the civil penalty to child and other victims. I would point out also that by establishing civil remedies, one does have the advantage of a lower burden of proof that's traditional in civil as opposed to criminal cases. That, too, I think, would make this a very valuable vehicle for trying to cope with the flood of pornography that our society is facing. Let me conclude, Mr. Chairman, by reiterating that there are 111 sponsors, from both parties, of this legislation. It has the endorsement of the National Organization for Women, and it's the first-and so far as I know-the only endorsement of anti-pornog raphy legislation by NOW. It is endorsed by Feminists Fighting Pornography, and it indicates to me that there is a very broad gauge of support for taking this kind of approach which avoids the First Amendment problems and yet gives us a potent tool for attacking the pornography industry. Thank you, Mr. Chairman. Mr. HUGHES. Thank you, Bill. [The statement of Mr. Green follows:] |