John Conyers

Mr. CONYERS

Mr. CONYERS. Mr. Speaker, I want to commend the gentleman from Virginia (Mr. Scott), who has followed this measure more closely than most, because it has never had a fair chance for a hearing in the House of Representatives or in the Committee on the Judiciary. Mr. Speaker, this bill has a certain measure of incorrectness about it, and I think the Republican leadership knows it. It is a measure endorsed by the National Rifle Association, and I think it is a kind of way of getting political cover for us not taking action on the gun safety measures that are before us, because here the Republican leadership has aborted the normal legislative process. Here is a measure before the House that has never had a markup in a subcommittee of the Committee on the Judiciary, has never had a markup or hearing in the full committee, and in the Committee on Rules there was no rule. This just went straight to the floor. There must be a reason for this, and I am the one that has been assigned to raise this now. Why have we thrown the regular legislative process away to get this measure before the House today? I think it is happening because the majority fears that amendments that we have on enforcement and gun safety would unveil this bill for the fraud that it is. They know this because of the way our alternatives, the Democratic alternatives, have uncovered the posturing of the National Rifle Association and the majority who have sponsored gun safety initiatives. Now, what is wrong with this bill? Number one, because only six States would qualify for funds, funds so small, as the gentleman from Virginia (Mr. Scott) has indicated, they would never be sufficient to do the job; because those States that do use the funds can use them for any purpose that they choose, including carpeting of judges' offices, paving tennis courts, or anything, you name it; there are no restrictions, and because this bill continues to parrot the NRA line that we cannot close the gun enforcement loopholes in the law that allow criminals to rearm with guns and ammunition by utilizing the ``restoration of rights'' loophole. In other words, they pit gun safety versus prosecution of gun violations. I say that enforcement of the law and gun safety are not positions that we have to choose between. We can have both. That is what we want to do. So we know the majority in this Congress is using this process really as an excuse to thumb their nose at the American people, who want both gun safety and enforcement legislation. We can and should have both. Somehow they are saying that process prevents them from coming to a conference meeting on the bipartisan gun show loophole that is begging to be closed. Mr. Speaker, I do not think the people are going to be fooled, because they know that our leadership now is in the throes of the NRA's control. This leadership is being run on this subject by the NRA. They reject the idea we can have gun safety and gun enforcement, and the truth is we can have both. The truth is that we need both; and if we are to do enforcement, it should be real, and not just the political cover that this bill represents. The gentlewoman from New York (Mrs. McCarthy) and I have introduced the Enforce Act. This bill does nothing to crack down on the bad apple gun dealers, the 2 percent who are responsible for up to half the guns that are traced back to crime. They cannot do that because the NRA continues to resist any attempts to crack down on bad-apple dealers. Unlike the Enforce Act, this bill does nothing to fund the agencies with responsibility for investigating gun crimes, like ATF, Alcohol, Tobacco and Firearms. They cannot do it because, again, the National Rifle Association does not want it. They call the ATF ``jack-booted thugs,'' but we still will not give them the resources that they need to do the enforcement that is being complained about. Unlike the Enforce Act, this bill urges Federal prosecution of gun crimes without providing any money for the Federal prosecutors' need. Unlike the Enforce Act, this bill provides money to States that does not even have to be used for enforcement, but instead could be used for any purposes whatsoever. The Republican leadership wants us to forget that they have been promising to call a gun safety conference since August 5, 1999, and that the anniversary of Columbine is fast approaching without enacting into law a single piece of Federal gun safety legislation. But this bill does nothing to close the loophole that allows criminals to buy guns at gun shows. This bill does nothing to require child safety locks. This bill does nothing to ban the importation of large-capacity ammunition clips. Request To Offer Amendment To H.R. 4051

Mr. CONYERS. Mr. Speaker, it is for that reason, Mr. Speaker, that I ask unanimous consent to offer the Senate-passed gun safety provisions as an amendment to this bill.

Mr. CONYERS. Mr. Speaker, in that case, then I would like to ask unanimous consent to offer the McCarthy-Conyers measure called the Enforce Act as an amendment in the nature of a substitute to this bill.

Mr. CONYERS. Mr. Speaker, what I am finding out then is that we are now using the rules to prevent any amendments and alternatives to this measure whatsoever from our side of the aisle. Is that correct?

Mr. CONYERS

Mr. CONYERS. Mr. Speaker, I yield myself 2 minutes. I would like to begin by pointing out that the chairman of this committee and I have worked together on this measure for at least a couple of Congresses. I have been working on it, also, unbeknownst to the gentleman from Illinois in the Committee on Government Reform. I think we have come quite a long way. The bill retains the core of some of the main reforms that was in Hyde-Conyers. We have adopted the Senate version. But the shifting of the burden of proof is very important. The appointment of counsel is a critical improvement. The return of property in case of substantial hardship is very important. And the innocent owner defense is now strong in the bill. The claim for property damages while in the government's custody is a valid concern. And an award of interest. The bill allows prejudgment interest to be awarded when cash is improperly seized by the government. And we eliminate the cost of bond which would be a part of the current requirement that a claimant challenging a civil asset forfeiture file a cost of bond. Who would have believed that under our current law, the government can confiscate an individual's private property on a mere showing of probable cause? Then even though a person has never been arrested, not to mention convicted, of a crime, the government requires the person to file an action to prove that the property is not subject to forfeiture to get the property back. It is important that we have asset forfeiture, but this puts it under controls that have not existed before. Mr. Speaker, I reserve the balance of my time. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from New York (Mr. Weiner), a distinguished member of the Committee on the Judiciary.

Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume, merely to point out in the colloquy between the gentleman from Georgia and the gentleman from Illinois (Mr. Hyde), the distinguished chairman of the committee, that I stand in agreement about the interpretation given by the chairman of section 983A(2)(c)(2), which dealt with the claimant's interests in such property and provide customary documentary evidence of such evidence, if available, and state that the claim is not frivolous. Mr. Speaker, I just wanted to join in a clarification of the intent that, for example, a person should not be barred from challenging an improper forfeiture if he or she has misplaced a receipt or if the person does not have the evidence on hand. I think that response is consistent with the gentleman from Illinois (Mr. Hyde) and the gentleman from Georgia, and I just wanted to weigh in on that. This has taken quite awhile, but it is an important measure, and my compliments are out to the gentleman from Illinois (Mr. Hyde), the chairman of the committee, and to all of the Members who have gone through a rethinking process to bring the bill to the kind of support that I believe it is enjoying on the floor this afternoon. Mr. Speaker, I began looking at this matter from the old Government Operations Committee, and I was very pleased to learn that the gentleman from Illinois had, indeed, studied the matter, had put together his thoughts in a book on the matter, and it led us to bringing forth a bill jointly that now has the imprimatur, I believe, of most of the Members in both bodies. It is in that spirit that we will want to make sure that it is implemented fairly and that it adds to the good body of law that comes out of the House Committee on the Judiciary. Mr. Speaker, with those remarks, I reserve the balance of our time.

Mr. CONYERS

Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume. My colleagues, I am delighted to bring this motion to instruct conferees on the part of the House to insist that the committee of conference meet and report a committee substitute. This motion to instruct suggests to our committee of conference members that we include both measures that aid in enforcement of gun safety and also include common sense gun safety measures that prevent felons, fugitives and stalkers from obtaining firearms and children from getting access to guns within the scope of the conference, and that the conference meet immediately. I am joined on this motion by the gentlewoman from Indiana (Ms. Carson), the gentlewoman from Texas (Ms. Jackson-Lee), the gentlewoman from California (Ms. Millender-McDonald), and the gentlewoman from New York (Mrs. McCarthy). What we are trying to do is to make it clear that this Congress and our instructions include that we meet immediately on our conference and report both sensible gun violence and gun enforcement provisions. We can and should do both. The President of the United States has been trying to get our conference moving and, hopefully, this motion to instruct will accomplish that very important objective. Remember, the truth is that enforcement of gun laws is up under the Clinton administration. Gun prosecutions are up 22 percent in the Clinton years, the number of people behind bars for violent crimes with guns is considerably up, and violent gun crimes are down by 35 percent. No President has ever had a more successful record in driving down violent crime than President Clinton, but we should do more and we want to do more. And so the only way that that can happen is that my distinguished colleague, the chairman of the committee, urge that we meet in conference and get the gun violence and the gun enforcement and the juvenile justice matters resolved, and get something on the floor and get a law on the books, or additional laws, as soon as possible. This motion says that we can do better. So if we want to separate ourselves from the extremities, from the inaction, if we want to associate ourselves with the clear sentiment of the vast majority of Americans, this is our opportunity to do so. This motion tells the chairman of the conference to stop not meeting, to stop hiding behind process, and to get to work with a conference meeting that deals with both existing loopholes in gun laws and with stronger enforcement by closing loopholes that exist. Mr. Speaker, I reserve the balance of my time.

Mr. CONYERS. Mr. Speaker, will the gentleman yield?

Mr. CONYERS. Mr. Speaker, I thank the gentleman because I think we have created a way to get there. The 1-day check with the 95 percent that will clear in one day, plus the escape hatch for those who may take longer, two more days. And so, when the gentleman asks, what we are waiting for, I want him to know I am not waiting for anything. I think that is an excellent way to resolve the matter. I only wish this were the conference committee itself. But I would urge that we both join in together in urging our dear chairman of the committee, based upon this, that we send him a letter telling him what we are agreeing to on the floor if he is not looking at it at this moment.

Mr. CONYERS. Mr. Speaker, I yield myself 15 seconds to thank the gentleman, the chairman of the committee for his remarks, and also to thank him for joining in the letter that we are sending to the chairman of the conference committee, Orrin Hatch. Mr. Speaker, I yield 3 minutes to the gentlewoman from California (Ms. Millender-McDonald) who has worked on gun safety for a couple of Congresses now. (Ms. MILLENDER-McDONALD asked and was given permission to revise and extend her remarks.)

Mr. CONYERS. Mr. Speaker, I yield 3 minutes to the gentlewoman from Ohio (Mrs. Jones).

Mr. CONYERS. Mr. Speaker, I yield 2\1/2\ minutes to the gentlewoman from California (Ms. Lofgren), a member of the Committee on the Judiciary.

Mr. CONYERS. Mr. Speaker, I am pleased to yield 2\1/2\ minutes to my friend, the gentleman from Tennessee (Mr. Ford).

Mr. CONYERS. Mr. Speaker, I yield my last 30 seconds to the gentlewoman from Connecticut.

Mr. CONYERS. Mr. Speaker, will the gentleman yield?

Mr. CONYERS. I thank the gentleman for yielding, Mr. Speaker. There are three things we do. First of all, we ask them to meet, and then accomplish these two things. I will leave to the gentleman's conscience and to the Members' conscience whether we are going to vote on the finished product, because nobody knows what it is going to be. But these are our instructions, and I hope that they can come as close to them as they can. Two of the members of the conference are on the floor, maybe three, so they will be trying to live up to this commitment in our motion to instruct.

Mr. CONYERS. Mr. Speaker, I yield 2 minutes to the gentleman from New Jersey (Mr. Holt).

Mr. CONYERS. Mr. Speaker, I include for the Record a letter recently signed by myself and the gentleman from Illinois (Chairman Hyde) to Chairman Hatch asking that we have a Juvenile Justice Conference meeting. House of Representatives, Committee on the Judiciary, Washington, DC, April 11, 2000. Hon. Orrin G. Hatch, Chairman, Committee on the Judiciary, U.S. Senate, Washington, DC. Dear Chairman Hatch: We write to request a juvenile justice conference meeting as soon as possible. As you are aware, in the last two months, we have witnessed a succession of gun violence tragedies. We have been shocked by a six-year-old shooting a six-year-old in Mount Morris Township, Michigan. We have seen a nursing home held hostage and a mass shooting in Pittsburgh. In February, Memphis firefighters responding to a call were shot and killed by a disturbed man. It is clear that the Nation would like Congress to respond. We know that there is not complete agreement on all of the issues before the Conference. We also recognize the need for compromise. We have already agreed in principle to proposed language to reduce the waiting period to 24 hours in most cases, but are still trying to resolve appropriate ``safety hatch'' exceptions. We have pledged to each other to begin anew negotiations. We believe, however, that beginning the work of the Conference will play a constructive role in the necessary process of narrowing our differences. We appreciate your consideration of this request. Sincerely, Henry J. Hyde, Chairman, House Judiciary Committee. John Conyers, Jr., Ranking Member, House Judiciary Committee. Mr. Speaker, it is my pleasure to yield 4\1/2\ minutes to the gentlewoman from Texas (Ms. Jackson-Lee), a member of the Committee on the Judiciary, for 4 minutes.

Mr. CONYERS. Mr. Speaker, I yield 2 minutes to the gentlewoman from Connecticut (Ms. DeLauro).

Mr. CONYERS. Mr. Speaker, I offer a privileged motion.

Mr. CONYERS

Mr. CONYERS. Mr. Speaker, I want to announce my intention to offer a motion to instruct conferees on H.R. 1501 tomorrow. Pursuant to clause 7(c) of rule XXII, I hereby announce my intention to offer a motion to instruct conferees on H.R. 1501. The form of the motion is as follows: Mr. Conyers moves to instruct conferees on the part of the House that the conferees on the part of the House on the disagreeing votes of the two Houses on the bill, H.R. 1501, be instructed to insist that the committee on conference meet and report a committee substitute that includes both: One, measures that aid in the effective enforcement of gun safety laws within the scope of conference and, two, common sense gun safety measures that prevent felons, fugitives, and stalkers from obtaining firearms and children from getting access to guns within the scope of the conference. Congresswoman Sheila Jackson-lee of Texas, Congresswoman Julia Carson, Congresswoman Juanita Millender-McDonald, and Congresswoman Carolyn McCarthy are cosponsors of this motion.

Mr. CONYERS

Mr. CONYERS. Mr. Speaker, I yield 4\1/2\ minutes to the gentlewoman from New York (Mrs. Lowey), one of the leaders in our struggle for sensible abortion procedures.

Mr. CONYERS. Mr. Speaker, I yield 3 minutes to the gentlewoman from Connecticut (Ms. DeLauro).

Mr. CONYERS. Mr. Speaker, I yield 2 minutes to the gentleman from New Jersey (Mr. Menendez). (Mr. MENENDEZ asked and was given permission to revise and extend his remarks.)

Mr. CONYERS. Mr. Speaker, I yield 3\1/2\ minutes to the gentlewoman from Wisconsin (Ms. Baldwin) a member of the committee.