Mr. President, let me begin my remarks by thanking the distinguished chairman of the Judiciary Committee for his very gracious comments and for his extraordinary leadership on a bill that I believe…
Mr. President, let me begin my remarks by thanking the distinguished chairman of the Judiciary Committee for his very gracious comments and for his extraordinary leadership on a bill that I believe can bring all of us together.
I also want to thank our other cosponsors of the bill, particularly Senator Gillibrand, who has had a great interest in cracking down on the practice of straw purchasing.
The practice of straw purchasing is intended to achieve one result-- to put a gun in the hands of a criminal. These individuals are easily exploiting currently weak Federal laws to obtain guns.
Peter Forcelli, ATF Supervisory Special Agent and Fast and Furious whistleblower, told the House Oversight and Government Reform Committee in June of 2011 that: ``Some people view [the current penalties for straw purchasing] as no more consequential than doing 65 in a 55 zone.''
These guns are frequently sold, resold, and trafficked across State lines, resulting in the proliferation of illegal firearms in our communities. This has also fueled the violence across our southern border associated with Mexican drug cartels as well as gang violence in our cities.
Straw purchasing and gun trafficking put guns in the hands of criminals. According to the ATF, of the nearly 94,000 firearms that have been recovered in Mexico in the last 5 years, more than 64,000 were sourced to the United States. Similarly, a large percentage of the guns used in crimes in our largest cities were trafficked across State lines.
The congressional inquiry into the ATF's Wide Receiver and Fast and Furious investigations revealed how difficult it is for law enforcement officials to deter and punish these crimes effectively.
Current loopholes in Federal law make preventing and prosecuting these offenses very difficult for law enforcement officials. Right now, a straw purchaser can only be prosecuted for lying on a Federal form, which is treated as a paperwork violation.
Because straw purchasers by definition are nonprohibited persons and can lawfully purchase a firearm, prosecuting these individuals is difficult and any potential punishment is likely to be minimal.
Because of these weak laws, prosecutors have minimal leverage over straw purchasers who, in turn, have little incentive to cooperate and assist law enforcement in investigating trafficking crimes and crimes involving gun violence. For years, law enforcement has been asking Congress for better tools to crack down on this type of criminal conduct.
It is time to give law enforcement the tools it needs to combat this activity effectively.
Our bill reflects a combination of advice from law enforcement officials and leadership by many Senators. It gives law enforcement officials the comprehensive framework they have been seeking from Congress.
First, the bill creates new, specific criminal offenses for straw purchasing and trafficking in firearms. Instead of a slap on the wrist, these crimes would be punishable by up to 25 years in prison.
The proposal also increases the punishment for an individual who serves as
an organizer of a straw purchasing or trafficking enterprise.
This bipartisan bill also strengthens existing laws that make it unlawful to smuggle guns into the United States.
The bill protects legitimate private sales and is drafted to avoid sweeping in innocent transactions and placing unnecessary burdens on lawful private sales.
When buying from a private seller, the buyer is only in violation of the new straw purchasing prohibition if the buyer purchases a firearm for someone known to the buyer as a prohibited person, meaning a felon, drug addict, someone subject to a domestic violence order, or someone with serious mental illness.
When buying from a federally licensed firearms dealer, it is prohibited to buy a firearm on behalf of or for another person. This is consistent with current law that requires a person buying from a dealer to certify that they are the ``actual buyer.'' It is important to note, however, that the bill also expressly exempts transactions like gifts and transfers that occur in raffles and auctions.
The bill is supported by numerous organizations, including the Fraternal Order of Police, the Federal Law Enforcement Officers Association, the FBI Agents Association, the International Association of Chiefs of Police, the Major Cities Chiefs Association, the National Law Enforcement Partnership to Prevent Gun Violence, the National District Attorneys Association, and the Police Executive Research Forum.
This bill helps to keep guns out of the hands of criminals without infringing in any way upon the second amendment right of law-abiding citizens.
I urge my colleagues to support this much needed legislation.
I am, again, very pleased to have been able to work under the leadership of the chairman of the Judiciary Committee. I am delighted he is going to proceed to mark up our bipartisan compromise this week, and I thank him for the opportunity to work with him.
Mr. President, I rise today to discuss two separate problems facing our Nation--the first is sequestration, which is underway now and indiscriminately affecting a wide range of programs. The second is the prospect of a long-term Continuing Resolution to fund the Federal government for the remainder of the fiscal year, also not the way we should be doing business. Both will result in damage to our military readiness.
In order to tackle these two separate but equally devastating problems, I am introducing two measures today.
The first bill, which I am pleased to join my colleague, Senator Udall, in sponsoring, will help mitigate the consequences of sequestration by providing Department and agency heads additional flexibility in implementing the cuts. The second bill, which I am introducing with my colleague from my home state of Maine, Senator King, will fund the Department of Defense for the remainder of the fiscal year at levels approved by the Senate Appropriations Committee in the funding bill that was reported unanimously by the Committee on August 2, 2012.
As Deputy Secretary of Defense Ash Carter has repeatedly warned, failing to pass an annual defense appropriations bill and requiring the Pentagon to operate under last year's law will continue to lead to dangerous absurdities that have ramifications that last far beyond the six months left in this fiscal year.
Military readiness will suffer. A hollow force will be created. The Pentagon will be unable to increase production rates for existing weapons, start new programs, or sign multiyear procurement contracts that would provide significant savings for taxpayers.
When I questioned Deputy Secretary Carter on February 14, at a Senate Appropriations Committee hearing about what the continuing resolution means for the Navy and our domestic shipbuilding capability, he testified that:
We're in the absurd position where we're five months into
the fiscal year and we have the authority to build the ships
that we built last year and no authority to build the ships
that we plan to build this year. That's crazy . . . and that
has nothing to do with sequester, by the way, that's the CR.
I have long argued that we need to bring the annual appropriations bills to the floor to be considered individually on their merits. I believe that CRs represent an abdication of our responsibility and should be avoided altogether. But given where we find ourselves today, at the very least we should be able to come together to pass the full- year Department of Defense funding bill and the Military Construction/ Veterans Affairs appropriations.
With regard to sequestration, we have known this day could arrive for a year and a half now. Yet, instead of working together to avert sequestration and replace it with a more rational alternative, the time has been spent jockeying for partisan advantage and engaging in a blame game. Last week, the Senate spent time voting against proceeding to debate on two partisan proposals that both sides knew beforehand were doomed.
The bill Senator Udall and I are introducing today is a bipartisan effort to mitigate the harmful effects of sequestration. As a result of sequestration, vital priorities such as defense, education, transportation, and biomedical research, all face indiscriminate, meat- ax cuts. No distinction is made between high-performing programs and poorly performing ones.
The legislation we introduce today seeks to fix that. Instead of mindless across-the-board budget cuts, this legislation provides the heads of Federal agencies and departments with the flexibility to implement the savings targets required by the Budget Control Act until such time as a bipartisan agreement is reached to replace the sequester cuts or until Congress passes new appropriations bills for fiscal year 2013 that meet the sequester levels.
The bill requires these agency and Department heads to submit their proposals to the Appropriations committees of both the House and the Senate for approval.
This approval is an important step in the process because these Committees know the budget of each agency and can provide oversight of agency plans. This provides a strong incentive for each agency to put forth serious plans in order to avoid the across-the-board sequestration cuts that would otherwise take effect.
Let me emphasize that while our proposal is intended to mitigate the harmful and mindless across-the-board approach of sequestration, a comprehensive, bipartisan approach to put our fiscal house in order must remain a top priority.
I urge my colleagues to support both bills that we are introducing today.