Legislative Session
Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, tomorrow will mark 3 weeks since the devastating school shooting in Uvalde, TX. Over those last 3 weeks, Senator Murphy from…
Madam President, I ask unanimous consent that the order for the quorum call be rescinded.
Madam President, tomorrow will mark 3 weeks since the devastating school shooting in Uvalde, TX.
Over those last 3 weeks, Senator Murphy from Connecticut, Senator Sinema from Arizona, Senator Tillis from North Carolina, and others have been working to identify steps that Congress should take to prevent similar tragedies from occurring in the future.
This is not an easy debate. It is emotional. It can be divisive, but it is also very important that we act.
Most often, you hear people say: Do something. Well, they don't give you a lot of guidance on what that something looks like. And when you begin to dig down into the details, you find out that there is not a lot of consensus about what that something should look like.
The good news is, as a result of the work we have been doing these last 3 weeks, working with our colleagues, I believe we are making good progress.
Over the weekend, there was an agreement reached between 20 Senators--10 Republicans and 10 Democrats--on a framework, or principles, for bipartisan legislation to keep our kids and our communities safe.
Before I go through some of the details of this agreed framework, I want to explain what it does and what it does not include.
From the beginning, I promised my constituents that when I took an oath to uphold the Constitution and laws of the United States, I did not take that oath with the intention of violating it. And so I said at the outset I would not support any additional restrictions on the rights of law-abiding gun owners.
There are hundreds of millions of guns in America today, and the vast majority--almost all of those gun owners--are responsible. They are not a threat to public safety. And so this being a constitutional right to keep and bear arms, there is no basis to restrict the rights of law- abiding gun owners or to restrict the constitutional rights of many of our citizens.
I made clear this is a redline of mine from the outset. And this bipartisan agreement on principles makes good on that commitment.
The gun-related provisions in this proposal will only impact criminals and those adjudicated mentally ill. Law-abiding gun owners will not be subject to any new restrictions, period.
Our agreement also strengthens the existing background check system, something we have had strong bipartisan support for and where we have had some notable successes in the past, for example, the Fix NICS bill that passed after this tragic Sutherland Springs shooting, where an individual, who should not have been able to get a firearm because of his record of felonies and domestic violence and mental health commitments, was able to do so because the Air Force had not uploaded that information into the background check system.
I am proud of the fact that, on a bipartisan basis, we passed that legislation which compelled Federal Agencies to post this derogatory information, which disqualifies people under current law, into the National Instant Criminal Background Check System. Since 2018, when that bill was signed into law, there have been 11\1/2\ million new records uploaded into the background check system.
As I said, our agreement on the background check system in this particular legislation is an attempt to try to make sure that existing law works the way Congress intended. I am very proud of the bipartisan work that led to this framework, and I am eager to share more with my Republican colleagues this week.
The various portions of this proposal can be grouped into three broad categories.
One is mental health support. To prevent violence, we need to improve the
availability and accessibility of mental health services across the country. If you look at the profile of these young, male shooters-- whether it is in Sandy Hook or it is in Uvalde, TX--they fit a familiar profile: alienated from their peers, suffering increasingly deteriorating mental health, not getting any treatment. It is like circling down the drain. Unless they get some help, they are likely to do what, unfortunately, too many of our young people do, and that is commit suicide. In the case of Adam Lanza in Sandy Hook and Salvador Ramos in Uvalde, they not only commit suicide--because they know they are not coming out of this alive--but they take innocent lives with them. So access to mental health support is absolutely critical.
So, too, is the investment in our schools. This includes everything from physically hardening school buildings to training personnel, to more effective violence prevention efforts. We know at Uvalde the door had a lock on it but it didn't work, allowing the shooter easy access to this elementary school.
All of our students--all--deserve to feel safe in their schools, and no parent should send their child to school worried that they may not come home. They deserve to know their child will be safe at school and the peace of mind that goes along with that. That is why I think these resources for additional school hardening of that soft target is very important.
The final portion provides targeted reforms to keep guns out of the hands of individuals who already, by law, should not have guns to begin with. Our proposal includes resources for States to implement crisis intervention orders.
Now, some have talked about red flag laws, but that is actually a broader category than red flag laws that exist in 16 States. As I said, some of this assistance for crisis intervention orders will help administer existing red flag laws, but my hope is that others will qualify for these resources for other important measures to help provide support for our communities to aid in crisis intervention, things like assisted outpatient treatment centers. As I said, 16 States have red flag laws. Texas does not, and they certainly shouldn't miss out on access to those resources for crisis intervention.
But one of the things you hear people concerned with most when it comes to these red flag laws where people who are found, after an adjudication, to be a danger to themselves and others and can lose access to their firearms on a temporary basis--it is absolutely critical that each and every one of those includes protection that comes from due process of law and particularly when it comes to the rights of law-abiding gun owners.
Our framework also includes protections for victims of domestic violence. It shouldn't matter whether the victim is married to their abuser; if the abuser is convicted of domestic violence, they should not be able to purchase a firearm.
Our proposal also cracks down on illegal sellers and manufacturers of firearms, like the man who sold a gun to the shooter who killed 7 people and injured 25 others in Midland and Odessa out in West Texas. The shooter knew he couldn't pass a traditional background test, so he traveled to Lubbock, TX, and purchased a firearm from somebody who made knockoff AR-15s out of parts that he purchased over the internet. And, of course, no background check was done, and tragedy ensued.
Our provisions also include a review of juvenile records for buyers under the age of 21. In Uvalde, Salvador Ramos was able to pass a background check only because no one had any insight--official insight--into his tortured background. I have said before he was a ticking time bomb: somebody who mutilated himself; threatened assaults, including sexual assaults, against his fellow students; somebody who posted pictures online of the weapons that he had bought and threatened online to go shoot up a school.
We need to know before somebody walks in and buys a firearm when they turn 18 what their mental health and criminal record history looks like, to the extent feasible. Then we need to incentivize more States, like the States of South Carolina and Virginia that currently upload mental health adjudications even for juveniles.
To be clear, we agreed on a press statement, a set of principles. That was very important and hard-fought. But now comes the even more difficult task of trying to agree on legislative text to actually implement those principles, and that is what we are working on this week. My hope is that we can complete that job in the next few days-- hopefully by the end of the week--so that the bill will be available for all Senators--indeed, all the world--to read, and then Senator Schumer will have that available, should he choose to do so, to put it on the floor of the Senate next week.
There has been a lot of talk and speculation in the press about what was included in the bill, and I am pleased to say that I believe the principles we came up with will save lives. To me, that is the ultimate goal, just like the legislation we passed in 2018 to fix the background check system after Sutherland Springs.
I believe the principles we have articulated, if carried out in legislative text, which I expect them to be, will save lives. That is our goal. But we also understand that we are operating here in the Senate with a 60-vote threshold, that 59 votes won't get it and any lesser number will not allow us to vote to close off debate and then to pass a bill. So I want to just talk about ideas that were left out of this deal because we knew they would jeopardize our ability to get to 60 votes.
There was a lot of desire on both sides to include additional things, but they were excluded in large part because of our necessity of getting to 60 votes in order to get a bill--for example, proposals on universal background checks, assault weapon bans for 18- to 21-year- olds, mandatory waiting periods, a 21-day waiting period for purchases of all firearms for 18- to 21-year-olds, high-capacity magazine bans, unconstitutional mandatory safe storage requirements of all firearms in homes, licensing requirements for purchasing an assault weapon, criminal penalties for negligent storage of firearms in a home, and low mens rea--that is a criminal state of mind--standard for straw purchasing and trafficking firearms.
All of these had been proposed by either President Biden or many of our Democratic colleagues and were not included in the statement of principles that was agreed to by 10 Republicans and 10 Democrats. We knew including any of these components would jeopardize our ability to get a deal. So anytime our Democratic colleagues tried to push the envelope as far as they could, we had to remind them of that requirement and push back.
Again, my view, my redline, my starting point, my premise in all of this is law-abiding gun owners are not the problem. Law-abiding gun owners who have passed a background check have a Second Amendment right to purchase a firearm, and no limitation on their rights is going to prevent shootings like Uvalde or Sandy Hook or Sutherland Springs. So focusing on the problem, which is keeping criminals and people with mental health problems from purchasing firearms under existing law, I believe, is the right formula to build consensus and get a bill on the President's desk.
We are still working, as I said, through a lot of the details, but I am encouraged about where things stand right now. As I said, my goal all along is the art of the possible. That is what politics is; it is the art of the possible. It is not everything I want and nothing you want or everything you want and nothing I want. That is how not to get a deal. That is how not to accomplish anything.
I am hoping that 10 Republicans supporting the bill is not a ceiling but is the floor, and we intend to continue to work with our colleagues to help them understand these principles that we have agreed to, the 20 of us, and to write legislative text that can earn broad bipartisan support, maybe supermajority support, here in the U.S. Senate.
I want to personally thank our colleagues Senator Murphy, Senator Sinema, and Senator Tillis for working in good faith to get us to this point, as well as a number of other Senators who contributed to this bipartisan proposal.
We still have a lot of work ahead of us. I think in many ways this is the beginning--not the middle or the end--of our work because now we need to put
these principles into legislative text, and then we need to get it on the Senate floor, get it passed, get it passed in the House, and then get it to President Biden's desk.
I will be sharing further updates with my colleagues in the Republican conference this week, and I hope, working together with Senator Tillis and others, to build additional support on our side of the aisle.
U.S. Supreme Court
Madam President, I just want to close on one final note. The bipartisan work that we have done here in the Senate on this school safety, mental health, and gun safety bill is a sharp contrast from what is happening on the other side of the Capitol. House Democrats, unfortunately, have a history of prioritizing politics over policy, but now, their games have reached a dangerous low. I am talking about the safety and security of the members of the U.S. Supreme Court and their families.
It has been more than a month since the Senate passed bipartisan legislation to protect them from threats of violence. The legislation Mr. Coons, a Senator from Delaware, and I introduced--a bipartisan bill--passed the Senate unanimously. Do you think that happens every day? Not by a long shot. To get all 100 Senators to support a piece of legislation means it is really not controversial. But, unfortunately, once it went to the House, it sat there and languished for a month.
Even as members of the Supreme Court and their families are being threatened, the House hasn't allowed a vote on that bipartisan bill. The reason given by our Democratic colleagues in the House is, well, they want to extend further protection to Court employees and their families. That could include around-the-clock security details for everyone from clerks to IT staff and their spouses, children, siblings, and parents. That makes a mockery of what Senator Coons and I tried to do.
All we wanted to do is give the police at the Supreme Court the very same authority that the Capitol Police have to provide protective details to Members of Congress. In fact, the leadership in both Houses have permanent details assigned to them, but if a Member of Congress receives a credible threat, Capitol Police will provide a protective detail for them. That is all we want to do for the members of the Supreme Court and their families.
Last week, we received a terrifying reminder of the failure to act and what the consequences of that might be. U.S. marshals arrested a man outside of Justice Kavanaugh's home who had traveled all the way from California to assassinate a sitting Justice on the U.S. Supreme Court. When he was arrested, he had a Glock 17 semiautomatic pistol. He had ammunition, a knife, a crowbar, and some zip ties. He told authorities his plan was to break into Justice Kavanaugh's house, kill Justice Kavanaugh, and then commit suicide. That was his plan. Thank goodness law enforcement authorities were able to stop him.
But this close call immediately set off calls for the House to pass the bipartisan legislation that I was discussing a moment ago--again, that passed unanimously in the Senate a month ago--but unfortunately, House Democrats have still refused to do that. They still claim that the law clerks and other Supreme Court staff who were virtually anonymous to the public are in dire need of protection too. I think this is pretty transparently a stalling tactic. It is a pretty lame excuse for not providing the Supreme Court Justices and their families with the very same protection that Capitol Police provide Members of Congress.
The bill that the Democratic House Members say they want to pass instead was introduced on May 10, almost 5 weeks ago, but they haven't even voted on that bill yet. Again, this is a transparent attempt to stall legislation that passed 100 to 0. If House Democrats actually believed in the snake oil they are trying to sell, they would have passed their own bill a month ago, but they didn't, and they haven't. They wasted precious time and left Justices' families vulnerable to grave danger.
If House Democrats want to vote on a bill that extends protection to other people, including the leaker of the Supreme Court opinion, they are welcome to try to do so, but first, they need to pass the bipartisan bill Senator Coons and I introduced.
The line between legitimate public discourse and acts of violence has been crossed, and House Democrats cannot continue to turn a blind eye. We don't have time to spare when it comes to protecting the members of the Court and their families. If, Heaven forbid, something were to happen because of a lack of authority that would be conferred by the Supreme Court Police Parity Act, shame on Members of the House of Representatives. It would be on them for their failure to act on this commonsense, bipartisan bill.
Madam President, the House needs to pass the Supreme Court Police Parity Act today and, if not today, tomorrow.
I yield the floor.