No Firearms for Foreign Felons Act of 2013

Mr. President, as we start Black History Month, I rise today to discuss a national hero that I have spoken about many times on the Senate floor. 2013 is a particularly remarkable year for Harriet Ross Tubman in that March 13, 2013 will mark the 100th anniversary of her death. This noteworthy anniversary makes it all the more appropriate for me to talk about Maryland's Harriet Ross Tubman and her dedication to justice, equality and service to this country. It is also why it is important for Congress to take action this year on The Harriet Tubman National Historical Park and The Harriet Tubman Underground Railroad National Historical Park Act that I am reintroducing today.

In my career, I have spoken on the Senate Floor, at events in Maryland, in meetings with constituents and with my colleagues about Harriet Tubman's legacy. While I hope each opportunity I have taken to discuss the life of this remarkable woman helps raise awareness about her importance to the history of our great Nation, my ultimate goal is to properly commemorate her life and her work by establishing the Harriet Tubman Underground Railroad National Historical Park on the Eastern Shore of Maryland and, in working with my colleagues from New York, also establish the Harriet Tubman National Historical Park in Auburn, NY.

For the last 5 years I have championed the legislation I am reintroducing today. I appreciate the active support and work my cosponsors of this bill, Senators Mikulski, Schumer and Gillibrand have put into advancing this bill through the Senate. We all share a deep appreciation for how important establishing these parks is to preserving the legacy of this remarkable historical figure in American History but also to how important these parks will be to the communities where they will be located.

I also greatly appreciate the support this legislation has received in the Senate Energy and Natural Resource Committee. In the last Congress, the bill was reported out of committee with bi-partisan support including the support of Chairman Bingaman and Ranking Member Murkowski. I look forward to working with the Committee's new Chairman, the Senior Senator from Oregon in reporting this bill quickly for the full Senate's consideration.

The establishment of the Harriet Tubman Historical Parks has been years in the making and is long overdue. The mission of the National Park Service has evolved over time from not only preserving natural wonders across the U.S. for recreational purposes but also commemorating unique places of significance to historical events and extraordinary Americans that have shaped our nation.

The woman, who is known to us as Harriet Tubman, was born in approximately 1822 in Dorchester County, MD and given the name Araminta, Minty, Ross. She spent nearly 30 years of her life in slavery on Maryland's Eastern Shore. She worked on a number of different plantations on Maryland's Eastern Shore and as a teenager was trained to be a seamstress. As an adult she took the first name Harriet, and when she was 25 years-old married John Tubman.

In her late twenties, Harriet Tubman escaped from slavery in 1849. She fled in the dead of night, navigating the maze of tidal streams and wetlands that, to this day, comprise the Eastern Shore's landscape. She did so alone, demonstrating courage, strength and fortitude that became her hallmarks. Not satisfied with attaining her own freedom, she returned repeatedly for more than 10 years to the places of her enslavement in Dorchester and Caroline counties where, under the most adverse conditions, she led away many family members and other slaves to freedom in the Northeastern United States. She helped develop a complex network of safe houses and recruited abolitionist sympathizers residing along secret routes connecting the Southern slave states and Northern Free States. No one knows exactly how many people she led to freedom or the number of trips between the North and South she led, but the legend of her work was an inspiration to the multitude of slaves seeking freedom and to abolitionists fighting to end slavery. Tubman became known as ``the Moses of her people'' by African-Americans and white abolitionists alike. Tubman once proudly told Frederick Douglass that in all of her journeys she ``never lost a single passenger.'' She was so effective that in 1856 there was a $40,000 reward offered for her capture in the South. She is the most famous and most important conductor of the network of resistance known as the Underground Railroad.

During the Civil War, Tubman served the Union forces as a spy, a scout and a nurse. She served in Virginia, Florida and South Carolina. She is credited with leading slaves from those slave states to freedom during those years as well.

Following the Civil War, and the emancipation of all black slaves, Tubman settled in Auburn, NY. There she was active in the women's suffrage movement, and she also established one of the first incorporated African-American homes for aged to care for the elderly. In 1903 she bequeathed the Tubman Home to the African Methodist Episcopal Zion Church in Auburn where it stands to this day. Harriet Tubman died in Auburn in 1913 and she is buried in the Fort Hill Cemetery. Fortunately many of the structures and landmarks in New York remain intact and in relatively good condition.

Only recently has the Park Service begun establishing units dedicated to the lives of African-Americans. Places like Booker T. Washington National

Monument on the campus the Tuskegee University in Alabama, the George Washington Carver National Monument in Missouri, The Buffalo Soldiers at Guadalupe Mountains National Park, the National Historical Trail commemorating the March for Voting Rights from Selma to Montgomery Alabama, and most recently the Martin Luther King Jr. memorial on the National Mall are all important monuments and places of historical significance that help tell the story of the African-American experience.

As the National Park Service continues its important work to recognize and preserve African-American history by providing greater public access and information about the places and people that have shaped the African-American experience, there are very few units dedicated to the lives of African-American women, and there are no National Historical Parks commemorating African-American women.

I cannot think of a more fitting hero than Harriet Tubman to be the first African-American woman to be memorialized with National Historical Parks that tell both her personal story and her lifelong fight for justice and freedom starting with her fight against the cruel institution of slavery and work of the Underground Railroad she led to her work in the women's suffrage movement.

I hope that my colleagues will support my effort to honor Harriet Tubman and support passage of my bill to authorize the creation of the Tubman National Historical Parks in New York and Maryland. These parks will hopefully pave the way for the Park Service to develop more National Historical Park commemorating the lives of many other important African-American women in our history.

The vision for the Tubman National Historical Parks is to preserve the places significant to the life of Harriet Tubman and tell her story through interpretative activities and continue to discover aspects of her life and the experience of passage along the Underground Railroad through archaeological research and discovery.

The buildings and structures in Maryland have mostly disappeared. Slaves were forced to live in primitive buildings even though many slaves were skilled tradesmen who constructed the substantial homes of their owners. Not surprisingly, few of the structures associated with the early years of Tubman's life remain standing today. The landscape of the Eastern Shore of Maryland, however, is still evocative of the time that Tubman lived there. Farm fields and loblolly pine forests dot the lowland landscape, which is also notable for its extensive network of tidal rivers and wetlands that Tubman, and the people she guided to freedom, under the cover of night. In particular, a number of properties including the homestead of Ben Ross, her father, Stewart's Canal, where he worked, the Brodess Farm, where she worked as a slave, and others are within the master plan boundaries of the Blackwater National Wildlife Refuge.

Similarly, Poplar Neck, the plantation from which she escaped to freedom, is still largely intact in Caroline County. The properties in Talbot County, immediately across the Choptank River from the plantation, are currently protected by various conservation easements. Were she alive today, Tubman would recognize much of the landscape that she knew intimately as she secretly led black men, women and children to freedom.

There has never been any doubt that Tubman led an extraordinary life. Her contributions to American history are surpassed by few. Determining the most appropriate way to recognize that life and her contributions, however, has been exceedingly difficult. The National Park Service determined that designating a Historical Park that would include two geographically separate units would be an appropriate tribute to the life of this extraordinary American. The New York unit would include the tightly clustered Tubman buildings in the town of Auburn. The Maryland portion would include large sections of landscapes that are evocative of Tubman's time and are historically relevant.

Harriet Tubman was a true American patriot. She was someone for whom liberty and freedom were not just concepts but values she fought tirelessly for. She lived those principles and so selflessly helped hundreds of other people attain freedom. In doing so, she has earned a nation's respect and honor.

Harriet Tubman is one of many great Americans that we honor and celebrate every February during Black History Month. In schools across the country, American History curriculums teach our children about Tubman's courage, conviction, her fight for freedom and her contributions to the greatness of our Nation during a contentious time in U.S. history. Now it is time to add to Tubman's legacy by preserving and commemorating the places evocative of Harriet Tubman's extraordinary life.

Every year, millions of school children, as well as millions of adults, visit our National Historical Parks gain experiences and knowledge about our Nation's history that simply cannot be found in history books or on the Internet. Our Nation's strength and character comes from the actions of the Americans who came before us and the significant events that shaped our Nation. The National Park Service is engaged in the important work of preserving the places where American history was made and providing a tangible experience for current and future generations to experience and understand. It is one thing to learn about Harriet Tubman from a book, and it is yet a completely different and fulfilling experience to explore, see, listen to and feel the places where she worked as a slave, where she escaped from and where she lived out her life as a free American.

The National Park Service is uniquely suited to honor and preserve these places of historical significance and I urge my colleagues to join me in preserving and growing the legacy of Harriet Tubman by establishing the Harriet Tubman National Historical Parks in her honor.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, today I am pleased to introduce the No Firearms for Foreign Felons Act of 2013. This bill would close a loophole in current law, by ensuring that people convicted of foreign felonies and crimes involving domestic violence cannot possess firearms. We must close this gap in our laws before it is exploited by terrorists, drug gangs, and other dangerous criminals who threaten our communities.

Under current Federal law, people who are convicted in the United Sates of violent felonies like rape, murder, and terrorism are prohibited from possessing firearms. But, shockingly, Federal law does not bar criminals convicted of these same violent crimes in foreign courts from possessing guns. This outrageous loophole for foreign convicts is the result of a 2005 U.S. Supreme Court decision in the case of Small v. United States.

In that case, the Court analyzed the 1968 Gun Control Act, which states that anyone who has been convicted of a felony ``in any court'' cannot possess firearms. The Court concluded that the phrase only applied to American courts, despite the fact that the Gun Control Act had been applied to foreign felonies since 1968, the year it took effect.

At the time, the Supreme Court was very much aware that its ruling could have serious consequences. As Justice Clarence Thomas noted in his dissent, ``the majority's interpretation permits those convicted overseas of murder, rape, assault, kidnapping, terrorism, and other dangerous crimes to possess firearms freely in the United States.'' But whatever one may think of the Court's ruling, it is now the law of the land.

We must make every effort to close this dangerous loophole and the bill I am introducing today would do just that.

Under this bill, section 921 of Title 18 would be amended to state that ``[the term `any court' includes any Federal, State, or foreign court.'' Similar changes would be made in other sections of the Gun Control Act. Where there are references to ``state offenses'' or ``offenses under state law,'' the bill would expand these terms to include convictions of offenses under foreign law.

In other words, the bill would make it clear that if someone was convicted in a foreign court of an offense that would have disqualified him from possessing a gun in the U.S., then they will be disqualified from gun possession under U.S. law. The only exception will be if there is reason to think the conviction entered by the foreign jurisdiction is somehow invalid.

Under the bill, a foreign conviction will not constitute a ``conviction'' under the Gun Control Act, if either: the foreign conviction resulted from a denial of fundamental fairness that would violate due process if committed in the United States, or the conduct on which the foreign conviction was based would be legal if committed in the United States.

I expect that these circumstances will be fairly rare, but the bill does take them into account and will provide a complete defense to anyone with an invalid foreign conviction. In any event, it is clear that we should not keep in place a dangerous policy which essentially treats every foreign conviction as invalid.

Ensuring that foreign convictions count as convictions under U.S. law is important for a second reason. When someone with a felony conviction is arrested for another crime, the government may charge that person with being a felon in possession of a firearm or may seek a sentence enhancement. However, if a foreign conviction is not treated as a conviction under our law, then the defendant may receive a significantly lower sentence than is appropriate given the number of convictions on his record.

Particularly in these times, America cannot continue to give foreign- convicted murderers, rapists, and even terrorists the right to buy firearms in the United States.

With each passing day, we run a risk that foreign felons are exploiting this loophole in our law. This is unacceptable.

Criminals convicted in foreign courts should not be able to have guns when U.S. law forbids those convicted of the same crimes on U.S. soil from possessing guns. We should not wait for lives to be lost before we act to close this loophole.

I urge my colleagues to support this legislation.

Mr. President, today I am pleased to introduce the No Firearms for Foreign Felons Act of 2013. This bill would close a loophole in current law, by ensuring that people convicted of foreign felonies and crimes involving domestic violence cannot possess firearms. We must close this gap in our laws before it is exploited by terrorists, drug gangs, and other dangerous criminals who threaten our communities.

Under current Federal law, people who are convicted in the United Sates of violent felonies like rape, murder, and terrorism are prohibited from possessing firearms. But, shockingly, Federal law does not bar criminals convicted of these same violent crimes in foreign courts from possessing guns. This outrageous loophole for foreign convicts is the result of a 2005 U.S. Supreme Court decision in the case of Small v. United States.

In that case, the Court analyzed the 1968 Gun Control Act, which states that anyone who has been convicted of a felony ``in any court'' cannot possess firearms. The Court concluded that the phrase only applied to American courts, despite the fact that the Gun Control Act had been applied to foreign felonies since 1968, the year it took effect.

At the time, the Supreme Court was very much aware that its ruling could have serious consequences. As Justice Clarence Thomas noted in his dissent, ``the majority's interpretation permits those convicted overseas of murder, rape, assault, kidnapping, terrorism, and other dangerous crimes to possess firearms freely in the United States.'' But whatever one may think of the Court's ruling, it is now the law of the land.

We must make every effort to close this dangerous loophole and the bill I am introducing today would do just that.

Under this bill, section 921 of Title 18 would be amended to state that ``[the term `any court' includes any Federal, State, or foreign court.'' Similar changes would be made in other sections of the Gun Control Act. Where there are references to ``state offenses'' or ``offenses under state law,'' the bill would expand these terms to include convictions of offenses under foreign law.

In other words, the bill would make it clear that if someone was convicted in a foreign court of an offense that would have disqualified him from possessing a gun in the U.S., then they will be disqualified from gun possession under U.S. law. The only exception will be if there is reason to think the conviction entered by the foreign jurisdiction is somehow invalid.

Under the bill, a foreign conviction will not constitute a ``conviction'' under the Gun Control Act, if either: the foreign conviction resulted from a denial of fundamental fairness that would violate due process if committed in the United States, or the conduct on which the foreign conviction was based would be legal if committed in the United States.

I expect that these circumstances will be fairly rare, but the bill does take them into account and will provide a complete defense to anyone with an invalid foreign conviction. In any event, it is clear that we should not keep in place a dangerous policy which essentially treats every foreign conviction as invalid.

Ensuring that foreign convictions count as convictions under U.S. law is important for a second reason. When someone with a felony conviction is arrested for another crime, the government may charge that person with being a felon in possession of a firearm or may seek a sentence enhancement. However, if a foreign conviction is not treated as a conviction under our law, then the defendant may receive a significantly lower sentence than is appropriate given the number of convictions on his record.

Particularly in these times, America cannot continue to give foreign- convicted murderers, rapists, and even terrorists the right to buy firearms in the United States.

With each passing day, we run a risk that foreign felons are exploiting this loophole in our law. This is unacceptable.

Criminals convicted in foreign courts should not be able to have guns when U.S. law forbids those convicted of the same crimes on U.S. soil from possessing guns. We should not wait for lives to be lost before we act to close this loophole.

I urge my colleagues to support this legislation.

Mr. President, today I am pleased to introduce, with my colleague Lisa Murkowski, the Ranking Member on the Committee on Energy and Natural Resources, and at the request of the Delegate from the Commonwealth of the Northern Mariana Island, CNMI, Gregorio ``Kilili'' Sablan, legislation to amend Public Law 93-435, the Territorial Submerged Lands Act. This legislation would convey to the CNMI the same rights to offshore waters and submerged lands that were conveyed to the territories of Guam, the U.S. Virgin Islands, and American Samoa nearly 40 years ago.

This bill is non-controversial. In 2005, it was first introduced by then-Chairman of the Committee on Energy and Natural Resources, Pete Domenici. A companion measure was introduced in

the House of Representatives by then-Congressman Jeff Flake. In the 111th Congress, this bill passed the House as H.R. 934 on a 416-0 vote, and it was reported by the Senate Committee. In the 112th Congress, it again passed the House unanimously, on a 297-0 vote, and a hearing was held in the Senate on its companion measure, S. 590. I sincerely hope that this will be the year this bill is signed into law and the people of the CNMI will begin to enjoy the economic benefits that will result from gaining ownership of the waters and submerged lands adjacent to their shores, just as those benefits are enjoyed by every other State and territory of the Nation.

The CNMI faces huge economic challenges that began with the phase-out of World Trade Organization garment quotas in 2005 and resulted in the departure of garment manufacturing. Gaining ownership of the waters and submerged lands adjacent to the 14 islands of the CNMI would help to stimulate the CNMI's struggling economy by allowing the use and management of these areas for near-shore infrastructure development, the extraction of minerals, energy development, aquaculture and other activities. Currently, under Federal ownership, there are no such activities in these areas because the Federal Government has no history of such near-shore jurisdiction and there is no Federal agency with responsibility for their management.

Congress granted the States ownership of the waters and submerged lands out to three miles under the Submerged Lands Act of 1953. In 1974, Congress granted ownership of these areas to the territories. However, the Covenant which established the political union between the U.S. and the CNMI in 1976 was ambiguous on this matter of seaward ownership. Eventually, in 2005, the Ninth Circuit Court of Appeals ruled that the submerged lands and waters off the CNMI's coasts fell under Federal ownership. Importantly, the Court also recognized that Congress had the power to convey these waters and lands to the CNMI. That is what this legislation would do.

The CNMI is the only territory or State that does not have ownership of its adjacent waters and lands out to at least 39les. I urge my colleagues to support prompt passage of this bill to correct this disparity and to assist the CNMI in meeting its economic challenges. I'm not aware of any policy objections to this bill's enactment.

I refer those interested in additional information to Senate Report 111-197. Included in that report is a CBO estimate stating that enactment of H.R. 934, the bill on which the legislation being introduced today is based, would not affect direct spending or revenues.

Mr. President, I ask unanimous consent that the text of the bill and a letter of support be printed in the Record.

Mr. President, I rise today on behalf of our Nation's disabled veterans to once again discuss an end to an unjust and outdated policy known as ``concurrent receipt.'' For the past 122 years, this practice has prevented veterans from receiving the full benefits earned through years of service and personal injury in defense of our Nation. The law requires that a retired disabled veteran reduce their retirement pay dollar-for-dollar by the amount of any disability compensation received, in many cases wiping out retirement pay altogether. This is simply wrong.

I have worked over the past decade to fight to change this outdated policy and commend the progress Congress has made on behalf of our Nation's veterans. In 2002, I was pleased that Congress passed a measure known as combat-related special compensation, or CSRC, allowing for disabled retired veterans to receive payments that are the financial equivalent of concurrent receipt. In 2003 I was pleased that Congress enacted a 10-year phase-in of concurrent receipt for military retirees whose disability is 50 percent or greater, and in 2004, Congress eliminated the 10-year waiting period for those veterans with 100 percent service-related disability. Moreover, in 2008, concurrent receipt eligibility was expanded to include those who are 100 percent disabled due to un-employability and extended equivalent financial payments to those who are medically retired or have retired prematurely due to force reduction programs. Most recently, in 2012, I was pleased to offer an amendment to the fiscal year 2013 National Defense Authorization Act ensuring that our combat-disabled military retirees receive proper combat-related disability and retirement benefits by eliminating the ``glitch'' in the CRSC formula that can actually cause a reduction in their compensation amount when the VA increases their disability rating. While I am proud that the 10-year phase-in period for veterans who are rated 50-90 percent will finally come to fruition this year, I still believe that Congress has fallen short of meeting the commitment of providing full concurrent receipt to all of our Nation's heroes. This is unacceptable and that is why we have to take care of the hundreds of thousands of disabled veterans who still need our help.

For me, this is a simple matter of fairness. No other Federal retiree is forced to forfeit their retirement--only our disabled military retirees. Veterans' disability compensation is recompense for pain, suffering, and lost future earning power caused by a service-connected illness or injury. Few retirees can afford to live on their retired pay alone, and a severe disability only makes the problem worse by limiting or denying any post-service working life. There is no reason to deny veterans who have served their country honorably the right to the full value of their retirement pay simply because their service also led to disability.

Today I reintroduce the Retired Pay Restoration Act of 2013 in order to eliminate all restrictions to concurrent receipt. I hope my Senate colleagues will join me in supporting this bill. We must take action now and support the veterans who have given so much to our grateful Nation. This is the right thing to do.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.