Mr. President, the Senate has been acting to provide relief from harmful regulations by utilizing the Congressional Review Act, which provides the legislative tools needed to repeal them. I am pleased to report that just yesterday the…
Mr. President, the Senate has been acting to provide relief from harmful regulations by utilizing the Congressional Review Act, which provides the legislative tools needed to repeal them.
I am pleased to report that just yesterday the President signed the first of several regulation-relief resolutions we hope to send him. Later this week, he will sign a second resolution--a resolution identical to the one I sponsored in the Senate that can bring relief to thousands of mining families in Kentucky and across the country by overturning the problematic stream buffer regulation.
Today, we will send him another one. In a few minutes we will vote to protect the constitutional rights of Americans with disabilities. The resolution will provide relief from an overly broad and legally deficient regulation that threatens the Second Amendment rights of law- abiding Americans with disabilities.
Specifically, in the waning days of the Obama administration, the Social Security Administration issued a rule that the ACLU and disability groups across the country oppose because it unfairly treats many Americans with disabilities.
Under this rule, the Social Security Administration must report to the National Instant Criminal Background Check System anyone who receives benefits for certain disabilities and whom the Social Security Administration believes needs a representative payee to help manage these benefits. As a result of being included on this list, many disabled Social Security beneficiaries are barred from lawfully purchasing a firearm, even though there has been no adjudication that the beneficiary is ``mentally defective,'' which is the standard under both the Gun Control Act of 1968 and the NICS Improvement Amendments Act of 2007 for being barred from buying a firearm.
Numerous disability rights groups oppose the regulation as unfairly stigmatizing the disabled. They agree with us on the need to stop the regulation. The substantive problem with the regulation is compounded, the groups note, by ``the absence of any meaningful due
process protections prior to the Social Security Administration's transmittal of names to the NCIS database.''
The National Council on Disability, the nonpartisan independent Federal agency charged with advising the President and Congress on policies that affect people with disabilities, opposes the regulation, too. The Council also urges us to use the Congressional Review Act to repeal this eleventh hour regulation ``because of the . . . constitutional right at stake and the very real stigma that this rule legitimizes.''
Our colleague from Illinois, the assistant Democratic leader, apparently disagrees with the ACLU, the National Council on Disability, and disability rights groups across the country. He came to the floor yesterday to discuss this issue. Like him, we are all deeply saddened by the senseless loss of life due to gun violence. It is alarming indeed that we have seen it increase in certain communities, like Chicago. But the way to address this problem is not to stigmatize the disabled or to deprive law-abiding Americans of their Second Amendment rights without due process of law.
The Department of Justice states that ``firearms violations should be aggressively used in prosecuting violent crime.'' The DOJ goes on to state that such violations are ``generally simple and quick to prove.'' Under the Obama administration, however, there was a 35-percent decrease in gun prosecutions as compared to the Bush Administration, when measured over a 10-year period. In fact, gun prosecutions decreased in almost every year of the Obama administration. I am hopeful that the new leadership at the Justice Department will reverse this alarming trend.
What is not helpful, of course, is the assistant Democratic leader's implication that the Senate is addressing this regulation as some sort of payback to the National Rifle Association. I would inform my friend that almost two dozen groups oppose this last-minute regulation, including nearly 20 disability rights groups.
Does he think the opposition to this regulation from groups like the American Civil Liberties Union, the National Coalition for Mental Health Recovery, and the American Association of People with Disabilities is based on some sort of payback? The reality is that, like us, they believe this regulation is simply bad policy. It places an unfair stigma on those with disabilities and violates their constitutional rights, which is why a wide array of groups oppose it.
I am glad the Senate will now join the House in protecting the constitutional rights of Americans with disabilities by voting to undo the unfair stigma this regulation imposes on them.
I want to thank my colleague from Iowa, Senator Grassley, who has been a leader in addressing this regulation. He introduced the Senate companion of the bill we will vote on today, with over 30 cosponsors.