Orrin Hatch

Mr. HATCH

Mr. HATCH. I am happy to yield for a question.

Mr. HATCH. Let me get to that.

Mr. HATCH. The CUFF amendment, of course, they would like. Anybody who wants to do anything about crime would like that. In contrast to the $5 million requested by the Clinton administration to fund gun crimes, our plan provides $50 million to hire additional Federal prosecutors to prosecute gun crimes. This is just in the area of juvenile justice. Our program expands to other cities a successful Richmond, Virginia program in which federal prosecutors prosecute as many local gun- related crimes as possible in federal court. Homicides have fallen 50 percent in Richmond since the program was implemented. This program works. In addition to encouraging aggressive prosecution, our plan requires the Attorney General to report to Congress on the number of possible gun crimes and, if the crimes are not prosecuted, to explain why. I initially hesitated to support such a statute. However, after years of little enforcement of existing laws and after years of holding hearings at which the Attorney General consistently provides no satisfactory explanation, we have no choice. If Congress passes a law to make an act a crime, it is the duty of the Attorney General to enforce that law. This reporting provision is a necessary step to ensure that the Clinton Justice Department does its duty and prosecutes the illegal use of guns by criminals. Second, this package of amendments includes several penalty enhancements that I, Senator Ashcroft, Senator McCain, and Senator Campbell have worked on. These enhancements target the illegal use of guns by criminals. This proposal would impose the following mandatory minimum sentences: Five years for the transfer of a firearm to another who the transferor knows will use the firearm in the commission of a crime of violence or a drug trafficking offense. Ten years for criminals, including straw purchasers, that illegally transfer a firearm to a juvenile who they have reasonable cause to know will use the firearm to commit a violent felony. Twelve years for discharging a firearm during the commission of a crime of violence or a drug trafficking crime. Fifteen years for injuring a person in the commission of a crime of violence or a drug trafficking crime. The proposal would also increase the mandatory minimums for distributing drugs to minors and for selling drugs in or near a school to 3 years for the first offense and 5 years for repeat offenders. Our proposal would also increase the maximum penalty for knowingly transporting or transacting in stolen firearms, stealing a firearm from a dealer, and stealing a firearm that has moved in interstate commerce to 15 years. This is strong medicine for the worst criminals that illegally use guns and drugs to harm elderly people, women, and children. Third, our proposal would protect our children. After reviewing Senator Leahy's proposal, I must give the good Senator from Vermont and his colleagues on the Democratic side of the aisle credit. His proposal to expand the Youth Crime Gun Interdiction Initiative is a proposal that we can agree on. This proposal would facilitate the identification and prosecution of gun traffickers that illegally peddle guns to our children. The proposal would also facilitate the sharing of information between federal and State law enforcement authorities to stop gun trafficking. The proposal would also provide grants to State and local governments to assist them in tracing firearms and hiring personnel to stop illegal gun trafficking. I am glad that on this provision, we can reach a bipartisan agreement to protect our youth from illegal gun trafficking. This proposal would also prohibit possession of firearms by violent juvenile offenders. This is the juvenile Brady provision, another provision they weren't particularly happy of in the eyes of some people in our society. But it is in this bill, and in this amendment. It extends the current ban on firearm ownership by certain felons to certain juvenile offenders. Under this proposal, juveniles who are adjudicated delinquent for serious crimes will not be able to own a firearm--ever. When they reach maturity, they will not be able to own a firearm. To ensure that this law will be enforceable, however, we make it effective only after records of such offenses are made available on the Instant Check System. Finally, this proposal would aid in the overall enhancement of the Instant Check System. Senator DeWine has played an instrumental role in drafting this provision that will help bring the Instant Check System into the 21st century, something that all on our side have been for from the beginning, and it is the only thing that really is working. This amendment will fund a feasibility study on the development of a single-fingerprint computer system and database for identifying convicted felons who attempt to purchase handguns. Under this system, a person will be able to voluntarily put his thumb or index finger onto a scanner at a gun store and a computer would instantly compare his finger print to a national digital database of finger prints for convicted felons. This would provide a truly accurate and truly instant check of a potential purchaser. This would prevent criminals with false identification credentials from purchasing a handgun. The amendment would also close a loophole in current law. It would require the Attorney General to establish procedures to provide the Instant Check system with access to records not currently on the database. This would include records of domestic violence restraining orders. This will help protect vulnerable women from abusive spouses. After the shooting at the library in Utah by a mentally disturbed person, I have been in contact with the representatives of mental health organizations to discuss this important problem. My constituents in Utah are very concerned about this issue and so am I, and everybody else is as well who reflects on this matter. This proposal takes a small but important step on this issue. It directs the Attorney General to establish procedures for including public records of adjudications of mental incompetence and involuntary commitments to mental institution in the Instant Check database. This provision would protect the public, but would also respect the legitimate privacy interests and treatment needs of those with mental health problems. Mr. President, this package of amendments will increase the prosecution of firearm crimes, increase penalties on criminals that illegally use guns and drugs, protect our children from gun trafficking, and expand the availability of background checks to stop convicted felons from illegally purchasing guns. The package accomplishes this without overburdening the lawful and traditional use of firearms by law abiding citizens for sporting purposes and by our most vulnerable citizens for self-defense purposes. Mr. President, I strongly support this package of amendments as an excellent addition to S. 254. In addition, Mr. President, this amendment would also punish the solicitation of the violation of federal gun laws over the Internet. It would not require advertisers who do not actually sell a firearm over the Internet to become federally licensed firearms dealers. The amendment provides that if a person knows or has reason to know that his Internet advertisement offering to transfer a firearm or explosives in violation of existing federal criminal statutes, he will be punished severely. The amendment imposes fines and prison sentences that escalate for repeat offenders. The amendment also provides an affirmative defense. If the advertiser is a licensed dealer, he can avoid the penalty imposed by this statute by posting a notice stating that sales of the firearm will be in accordance with federal law and will be made through a licensed dealer. If the advertiser is a non-licensed individual, he can avoid the penalty imposed by this statute by: (1) Sending a notice to the solicited party stating that the sale will be made in accordance with federal law; and (2) Providing that as a term of the sale, the sale will be consummated through a licensed federal firearms dealer. Thus, there will be a background check before the firearm is transferred. Mr. President, this amendment solves the problem of a non-licensee soliciting an illegal transfer of a firearm over the Internet. It punishes the knowing solicitation of a criminal transaction, and it allows an affirmative defense if the ultimate transaction includes an agreement to transfer the firearm through a licensed firearms dealer. Under current law, a licensed firearms dealer is required to run the buyer's name through the Instant Check system before transferring the firearm. This is a far superior alternative to requiring advertisers who do not sell firearms to become federally licensed firearms dealers and to act as middlement in the sale of firearms. This amendment would punish those who solicit violations of federal law, but would not over burden law abiding citizens who lawfully advertise legal products. Yesterday the Senate did two things related to background checks at gun shows. First, it rejected, on a bipartisan basis, the Lautenberg amendment. This proposal was unacceptable to many Members because of the incredible regulatory burden it would have imposed and because of the privacy implications for lawful citizens. Specifically, members were concerned with: (1) excessive costs of the proposed background check system; (2) centralized record keeping of lawful gun transactions; and (3) a new bureaucracy for regulating gun shows designed to do far more than perform background checks. Second, the Senate passed, on a bipartisan basis, the Craig amendment which represents a great step forward for gun safety while protecting the rights of lawful gun owners: It gave access for the first time to the instant check system, the NICS system, to nonlicensed individuals who want to sell their firearms; ensured there will be no unlawful recordkeeping by the FBI; established means for people to become licensed dealers of firearms if they want to sell them at a gun show; and provided liability protection when the instant check system tells a seller that a perspective purchaser is eligible to purchase. Today, we include in our omnibus gun prosecution control package improvements to the Hatch amendment which will ensure that all gun sales at gun shows pass the muster of an instant check background check. This is due to the efforts of the distinguished Senator from Oregon, Mr. Smith; the distinguished Senator from Arizona, Mr. McCain; Senator Craig, and myself. We want all gun sellers to have the peace of mind that they are selling their firearm to a lawful purchaser. We want gun shows to be a place for legitimate business transactions and for collectors to enjoy their hobby, but never at the expense of public safety. I ask unanimous consent that Senator Smith of Oregon be added as an original cosponsor of this amendment.

Mr. HATCH. I yield to my colleague from Arizona, Senator McCain.

Mr. HATCH. Mr. President, I see the following people on the floor who want to speak and want to be factored into this. On our side is Senator Collins, Senator DeWine, and Senator Sessions. Can I ask how much time they want.

Mr. HATCH. Five minutes for Senator Collins; 10 minutes for Senator Sessions; 10 minutes for Senator DeWine. We have Senator Durbin, Senator Schumer, and Senator Lautenberg on the other side.

Mr. HATCH. Yes.

Mr. HATCH. Yes. But I want to figure out how we do it. I think we should go back and forth.

Mr. HATCH. Can I ask the Senators on this side, how much time would you like, at least initially?

Mr. HATCH. Sure. I yield to know how much time.

Mr. HATCH. We understand.

Mr. HATCH. Let me put you down temporarily for 10 minutes, or more if you need it. I want an idea of the time.

Mr. HATCH. Yes.

Mr. HATCH. I will try to answer those questions if I can. And Senator Lautenberg has indicated to me that he will need some extensive time here. Would you have any objection to allowing Senator Collins to go first for her 5 minutes?

Mr. HATCH. Yes.

Mr. HATCH. I am afraid it is.

Mr. HATCH. It is on this amendment. She just wants to speak to this amendment for debate only.

Mr. HATCH. Is there any objection to that?

Mr. HATCH. We can get some of these shorter remarks over, and then you could have adequate time. Could I then go to Senator Sessions for 10 minutes?

Mr. HATCH. There will be more time afterwards.

Mr. HATCH. That is fine.

Mr. HATCH. OK. And I ask unanimous consent that the first speaker be Senator Collins.

Mr. HATCH. Our first speaker is the Senator from Maine.

Mr. HATCH. Mr. President, I ask unanimous consent that Senator Snowe be added as a cosponsor to the Hatch-Craig amendment.

Mr. HATCH. Mr. President, I ask unanimous consent that Senator Snowe be added as a cosponsor to the Hatch-Craig amendment.