Mr. President, I am proud to be a cosponsor of Chairman Leahy's bill, S. 1327, which will reestablish temporary judgeships where needed in the district courts and extend other temporary judgeships…
Mr. President, I am proud to be a cosponsor of Chairman Leahy's bill, S. 1327, which will reestablish temporary judgeships where needed in the district courts and extend other temporary judgeships that are about to expire. The bill will reestablish a 10-year temporary judgeship in the Eastern District of California, where it is sorely needed.
The Eastern District has had a temporary judgeship before, but it expired in the fall of 2004. Even before the temporary judgeship expired, the caseload in the district was already the second highest in the Nation: 787 filings per judge, which was almost 50 percent more than the national average.
Since that time, the situation in the Eastern District has grown even more dire. Average caseloads across the Nation have declined, but in the Eastern District they have increased by 18 percent.
The Eastern District of California now has the highest caseload in the country: 927 filings per judge. That is twice as many cases as the national average.
It is no exaggeration to say that the judges of the Eastern District are in desperate need of relief. They have continued to serve with distinction in the face of the crushing caseloads. Mr. President, two of the court's senior judges still carry full caseloads after taking senior status. Two other senior judges are also continuing to hear cases in the district. There is another reason why it is imperative for the Senate to act now and adopt this bill. In just a few months, there will be a vacancy in the Eastern District when Chief Judge David Levi leaves the bench after 17 years of distinguished service.
It is my hope that Chief Judge Levi's seat can be filled as quickly as possible with a well qualified nominee. But, as a practical matter, it is unlikely that the confirmation process for a new judge will be complete when Chief Judge Levi leaves office.
This will leave the Eastern District with still fewer judges to handle its highest-in-the-Nation caseload. The district will need even more help to ensure that cases continue to be handled with the care, attention, and promptness that are essential to the fair administration of justice.
I view this bill as an important first step toward getting California all of the judges it needs. According to the 2007 recommendations of the Judicial Conference, California needs a total of 12 new judges, more judges than are needed in any other State in the Nation. Four of those judges are needed in the Eastern District alone. By adding a temporary judgeship in the district, this bill will help fill the gap until the Senate acts to carry out the Judicial Conference's recommendations.
I thank Chairman Leahy for taking this important first step toward ensuring that the Federal courts in California have all the judges they need.
Mr. President, I am pleased to join with Senators Kennedy, Levin, Menendez, Mikulski, Clinton, Durbin, Boxer and Lautenberg in introducing the Long-Range Sniper Rifle Safety Act of 2007, which would regulate a single type of firearm, 50 BMG caliber sniper rifles.
Mr. President, 50 BMG caliber sniper rifles are among the most dangerous firearms in the world. These sniper rifles are capable of bringing down airplanes and helicopters that are taking off or landing, and they can pierce light armored personnel vehicles. They have extraordinary range, up to a mile with accuracy, with a maximum distance of up to 4 miles. Under President Clinton, the State Department suspended all export of these weapons for civilian use in foreign countries. The Bush administration initially changed this rule to allow such sales, but after 9/11 it decided to reinstate this ban.
Yet here in the United States, our laws continue to classify these weapons as ``long guns'', subject to the least government regulation of any firearms. Current Federal law makes no distinction between a .22 caliber target rifle, a .30-06 caliber hunting weapon, and this large- caliber .50 BMG combat weapon. In some States, youngsters who are 14 years old can get .50 BMG caliber sniper rifles, with no limitation on second-
hand sales. In fact, anyone who can own a rifle can buy a .50 BMG caliber sniper rifle. No permits. No licenses. No wait.
That is why I am introducing this legislation today, just as I have introduced similar legislation in the last 3 sessions of Congress. The bill would:
Add these uniquely powerful sniper rifles to the list of firearms classified as ``destructive devices'', which would mean they must be registered when purchased or sold;
require the same registration for any ``copycat'' sniper rifles that might be developed in the future with destructive power that is equivalent to the .50 BMG caliber sniper rifle; and
allow people who already possess .50 BMG caliber sniper weapons up to 7 years to register their existing firearms, by implementing a registration process similar to what was used when ``street sweeper'' and other firearms were reclassified as ``destructive devices'' in 1994.
This bill would not ban any firearms, including .50 BMG caliber sniper rifles. Instead, it would change the law by treating .50 BMG caliber sniper rifles in the same way we now treat ``street sweeper'' shotguns, silencers, and any rifle with a dimension larger than .50 caliber. It would regulate these weapons, making it harder for terrorists and others to buy these combat weapons for illegitimate use.
This is not your classic hunting rifle. These weapons weigh up to 28 pounds, and have a price tag of between $2,200 and $6,750. And they fire the most powerful commonly available cartridges, the massive BMG, Browning Machine Gun, bullet, which has a diameter of \1/2\ inch and a length of 3-6 inches.
These rounds are almost as big as my hand. The Congressional Research Service says that a .50 BMG caliber cartridge weighs four and a half times more, and has five times more propellant, than the cartridges used in similar midsize rifles, like the .308 Winchester.
This is a weapon designed to kill people efficiently, and destroy machinery, at a great distance. And the distances are frankly astonishing. In fact, this weapon was able to kill a person from a greater distance than any other sniper rifle with a world-record confirmed distance of 2,430 meters, a mile and a half away.
These weapons are ``accurate'' up to 2,000 yards, a distance that means it will strike a standard target within this range more than a mile away. To illustrate what this means, a shooter standing on Alcatraz Island off of San Francisco could sight and kill a person at Pier 39.
And the gun has a maximum range of up to 7,500 yards, meaning that while accuracy cannot be guaranteed, the round can strike a target at this distance. Imagine 75 football fields lined up end to end, a distance of over 4 miles. This means a shooter at the Sausalito marina could send bullets crashing into the San Francisco marina.
In short, these are military combat-style weapons. The .50 BMG cartridge has been used by our forces in machine guns since World War I, and our military has utilized .50 BMG caliber sniper rifles in the gulf war, and now in Afghanistan and Iraq. They can shoot through almost anything, a bunker, bulletproof glass, a 3\1/2\ inch thick manhole cover, a 600-pound safe.
But as the GAO noted in 1999, many of these guns also wind up in the hands of domestic and international terrorists, religious cults, international and domestic drug traffickers, and violent criminals.
In 1998, Federal law enforcement apprehended three men belonging to a radical Michigan militia group. The three were charged with plotting to bomb Federal office buildings, destroy highways and utilities. They were also charged with plotting to assassinate a Governor, and other high-ranking political and judicial officers. A .50-caliber sniper rifle was found in their possession along with a cache of weapons that included three illegal machine guns.
One doomsday cult headquartered in Montana purchased 10 of these guns and stockpiled them in an underground bunker, along with thousands of rounds of ammunition and other guns.
At least one .50-caliber gun was recovered by Mexican authorities after a shoot-out with an international drug cartel in that country. The gun was originally purchased in Wyoming.
Since the GAO report, it was also revealed in a federal trial in Manhattan that al-Qaida received .50-caliber sniper rifles, rifles manufactured right here in the United States. Essam al Ridi, an al- Qaida associate, testified that he acquired 25 Barrett .50-caliber sniper rifles and shipped them to al-Qaida members in Afghanistan.
What sort of damage could these weapons do in the wrong hands? The U.S. Air Force conducted a study, and determined that planes parked on a fully protected U.S. airbase would be as vulnerable as ``ducks on a pond'' against a sniper with a .50-caliber weapon, because the weapons can shoot from beyond most airbase perimeters.
The RAND Corporation confirmed this, releasing a report which identified 11 potential terrorist scenarios at Los Angeles International Airport. In one scenario, ``a sniper, using a .50 caliber rifle, fires at parked and taxiing aircraft.'' The report concludes: ``we were unable to identify any truly satisfactory solutions'' for such an attack.
One need not even search for reports, the weapon's manufacturers admit it. One Barrett .50 caliber brochure says:
[A] round of ammunition purchased for less than ten U.S.
dollars can be used to destroy or disable a modern jet
aircraft. The compressor sections of jet engines or the
transmissions of helicopters are likely targets for the
weapon, making it capable of destroying multimillion dollar
aircraft with a single hit delivered to a vital area.
And it is not just aircraft. A terrorist using this rifle could punch holes in pressurized chemical tanks, igniting combustible materials or leaking hazardous gases. Or penetrate armored vehicles used by law enforcement, or protective limousines, like those used here in Washington.
No wonder a broad coalition of law enforcement officers and groups, detailing the threat that these weapons pose to our first responders, said:
The fact that these weapons have a range of more than four
miles and can take down commercial airliners is reason enough
to keep these weapons off our streets. It is of special
concern to the law enforcement community that these weapons
of war are capable of penetrating our special operations
vehicles, tactical equipment and helicopters.
This gun is so powerful that one dealer told undercover Government Accountability Office investigators:
You'd better buy one soon. It's only a matter of time
before someone lets go a round on a range that travels so
far, it hits a school bus full of kids. The government will
definitely ban .50-calibers. This gun is just too powerful.
In fact, many ranges used for target practice do not even have enough safety features to accommodate these guns.
Special ammunition for these guns is also readily available in stores and on the Internet. This is perfectly legal. Moreover, ``armor- piercing incendiary'' ammunition, which explodes on impact, can be purchased online, as demonstrated in a ``60 Minutes'' news report. Several ammunition dealers were willing to sell armor-piercing ammunition to an undercover GAO investigator, even after the investigator said he wanted the ammunition to pierce an armored limousine or maybe to shoot down a helicopter.
The bottom line is that the .50 BMG caliber sniper rifle is a national security threat requiring action by Congress. It makes no sense for us to spend billions of dollars on homeland security while we allow terrorists and criminals to get weapons that can serve as tools for terrorism.
The legislation that I am introducing has been carefully tailored, and refines my earlier bills. In fact, it is narrower than my earlier bills, in that it regulates only .50 ``BMG'' caliber sniper rifles, not all .50 caliber rifles.
There is no doubt that the .50 BMG caliber is the most powerful commonly available cartridge not considered a destructive device under the National Firearms Act. It is in a class by itself. And that's why this bill puts .50 BMG caliber sniper rifles into the class of firearms called destructive devices. Because that is where they belong.
Congress would not be alone in treating the .50 BMG caliber sniper rifle as the unique weapon of destruction that it is. My home State of California has regulated .50 BMG caliber sniper rifles since 2004, in a law signed by Governor Arnold Schwarzenegger. The bill I introduce would adopt a similar registration system nationwide.
In fact, Congress itself has previously recognized the unique destructive properties of this weapon. Ever since 2000, our DOD Appropriations bills have contained a special restriction on the Department of Defense's ability to sell surplus armor-piercing ammunition for .50 caliber weapons to civilians through its demilitarization program.
This is a weapon that should not be openly available to terrorists and criminals, but should be responsibly controlled through carefully crafted regulation. I urge my colleagues to support this legislation.
I ask unanimous consent that the text of the bill be printed in the Record.