Jerrold Nadler

Mr. NADLER

Mr. NADLER. Madam Chair, I yield 1 minute to the gentlewoman from Illinois (Ms. Kelly).

Mr. NADLER. Madam Chair, I yield myself such time as I may consume. Madam Chair, our mistake was in accepting the amendment from the gentleman from Georgia (Mr. Collins). The amendment dealt with the underlying language of the underlying law, not with the bill. We should have insisted that an attempt to correct that language be in a separate bill. The gentleman from Georgia is now telling us that we should kill this bill that will save so many lives because we have not figured out acceptable language to replace existing bad language in the existing law that had nothing to do with this bill. We should pass this bill. We will work as we go forward to see if we can come up with acceptable language, but in any event, we should pass this bill and deal with the separate problem of bad language in the underlying law separately. Madam Chair, how much time do I have remaining?

Mr. NADLER. Madam Chair, I yield myself such time as I may consume. Madam Chair, at this time I would like to address a concern that has been raised by one section of the bill that is unrelated to the changes to current law to address the Charleston loophole. Section 3 of the bill replaces outdated and offensive terminology in the categories of individuals who are ineligible to purchase or possess firearms under current law. Among those included, there are individuals subject to such prohibitions because, as stated by the current law, they are ``adjudicated as a mental defective.'' At the Judiciary Committee's markup of the bill, we agreed with our ranking member, Representative Collins, to replace this offensive language and to insert different terminology in the bill as a placeholder as we work to develop alternative language that does not alter the scope of who is included in these prohibitions and to work with stakeholders who have an interest in how this would be accomplished. We have heard from various advocates in the mental health, disability rights, and veterans communities who have expressed their desire to develop an acceptable alternative. We agree. Yesterday, the Veterans of Foreign Wars brought their concerns related to this issue to our attention. The VFW agrees that the current terminology is archaic but is concerned about a potential unintended consequence of replacing it. Their concern is that replacing these terms with ``mental illness,'' ``severe developmental disability,'' or ``severe emotional instability'' could result in some veterans who are not now included being added to the NICS index due to their receipt of VA care or benefits for mental illnesses such as PTSD or traumatic brain injury. It is not the intent of the changes in this terminology made by section 3 to alter the scope of those currently considered to be ``adjudicated as a mental defective.'' It is the intent simply to replace that offensive language, but not to change the underlying law. We will work with stakeholders, including the VFW, the mental health community, and the disability rights community to address the concerns related to this outdated terminology in a manner that does not change the scope of present law as this bill proceeds. Madam Chair, I reserve the balance of my time.

Mr. NADLER. Madam Chair, I yield myself as much time as I may consume. Madam Chair, I heard the argument from the other side a moment ago that people adjudged ineligible for the system by the VA, that their names should not be given into the system so that they may purchase firearms. I would point out that one of the largest sources of mortality among veterans is suicide. Veterans are, I think, the highest group in our society in terms of suicide rate. So it really makes sense to make it easier for people adjudged not to be proper to have a gun to have a gun if you are worried about suicides. That argument is, frankly, nonsensical. I am very glad the VA helps protect our veterans by participating in the system. Madam Chair, I yield 2 minutes to the gentleman from Rhode Island (Mr. Cicilline), a member of the committee and the chairman of one of our subcommittees.

Mr. NADLER. Madam Chair, I yield 3 minutes to the gentlewoman from Georgia (Mrs. McBath), a member of the committee.

Mr. NADLER. Madam Chair, I yield 1 minute to the gentlewoman from Illinois (Ms. Underwood).

Mr. NADLER. Madam Chairman, I yield the gentlewoman from California an additional 30 seconds.

Mr. NADLER. Madam Chair, I yield 2 minutes to the gentlewoman from California (Ms. Bass), the chair of the Crime, Terrorism and Homeland Security Subcommittee.

Mr. NADLER. Madam Chair, I yield the gentleman from South Carolina an additional 1 minute.

Mr. NADLER. Madam Chair, I yield 7 minutes to the gentleman from South Carolina (Mr. Clyburn), the distinguished Democratic whip. (Mr. CLYBURN asked and was given permission to revise and extend his remarks.)

Mr. NADLER. Madam Chair, I yield myself such time as I may consume. Madam Chair, I am pleased that today we are considering H.R. 1112, the Enhanced Background Checks Act. Yesterday, the House passed H.R. 8, the Bipartisan Background Checks Act, an important bill to expand our national firearms background check system to include virtually all gun transfers. However, there are also steps we can take to make the current background check system more effective at blocking the sale of guns to individuals who are ineligible to purchase and possess them. That is why I support H.R. 1112, a bill that addresses a dangerous shortcoming in the current firearms background check law. In most cases, a licensed gun dealer receives notification within a few minutes, often 90 seconds, from the National Instant Criminal Background Check System, sometimes called the NICS, that a prospective buyer has passed or failed the background check. In a small percentage of cases, NICS examiners may require additional time to complete the background check if information is missing or unclear in a prospective buyer's record. For example, there may be on the record a notation that the prospective buyer was arrested but no notation as to whether the buyer was acquitted or convicted. That would have to be looked into further. However, under current law, a licensed gun dealer conducting a background check on a prospective purchaser is permitted to sell the firearm to the purchaser if there has been no determination from NICS after 3 business days, even though NICS has not indicated that the person has actually passed the background check. Often, we refer to this as a default proceed transaction. These are the very cases that ought to be investigated. In 2017 alone, the ATF determined that over 4,000 default proceed firearms transfers went to purchasers who should not lawfully have gotten them because they could not lawfully own a firearm. If NICS is unable to return an instant determination, and especially if there is no report after 3 days, there is real cause for concern. One notable example of the tragic consequences of this loophole is the hate crime murder of nine people at the Emanuel African Methodist Episcopal Church in Charleston, South Carolina, in 2015. In that tragedy, the shooter was not legally allowed to possess a firearm as a result of drug charges, but he still was able to purchase his gun from a licensed dealer, who made the decision to transfer after 3 business days had elapsed, despite not having received a definitive response from the background check system. The bill before us today, H.R. 1112, would strengthen the background check procedures Federal firearms licensees or dealers must follow before selling or transferring a firearm. Under this bill, the initial period a gun dealer must wait for an answer from the NICS is extended from 3 days to 10 days. If, after 10 days, the NICS system has not returned an answer to the dealer, the prospective purchaser may file a petition with the attorney general, which should help resolve most applications in short order. If an additional 10 days elapses without a response from NICS, the licensed firearms dealer then may sell or transfer the firearm to the prospective purchaser without the background check completion, if the dealer has no reason to believe that the purchaser is prohibited from obtaining a firearm under Federal, State, or local law. The additional time for checks to be completed will help prevent the transfer of guns to individuals who are ineligible to possess them and will make us safer. I want to remind everyone that, in 90 percent of the cases, the NICS system gives the answer within 90 seconds. So we are talking about a small number of cases, but a number of cases where we know there have been tragic results. We want to stop that. I commend our colleague Congressman Jim Clyburn, the distinguished Democratic whip, for introducing this bipartisan bill, which is a sensible and necessary approach to addressing this dangerous shortcoming in current law. Madam Chair, I ask my colleagues to join me in supporting this bill today, and I reserve the balance of my time.

Mr. NADLER

Mr. NADLER. Madam Speaker, as we celebrate Black History Month, I rise today to commemorate the life of Jeremiah G. Hamilton, the first black millionaire in the United States, whose story has been absent from the history books. I have the honor of representing the district in which Mr. Hamilton lived and worked. Born in the West Indies in 1807, Mr. Hamilton made his way to New York in 1828 and began amassing his fortune by selling stocks to both black and white entrepreneurs. He was touted as being astute in successfully predicting the markets and became a prominent financier and businessman on Wall Street in the pre-Civil War era. Mr. Hamilton defied many conventions of his time as he rose to the top of the business world. He owned stock of railroad companies on whose trains he was not legally allowed to ride. He married a white woman named Eliza Morris and had a close relationship with his friend Benjamin Day, who was the publisher of the Sun Newspaper. He took on titans of industry, including battling Cornelius Vanderbilt over control of the Accessory Transit Company until he got a settlement. In fact, in Vanderbilt's obituary it is stated, ``There was only one man who ever fought the Commodore to the end, and that was Jeremiah Hamilton . . . the Commodore respected him.'' However, Mr. Hamilton faced the horrors of the rampant racism and violence against African-Americans in the mid-19th century. In the 1830s, insurance companies blackballed him and refused to underwrite his business ventures. During the draft riots in 1863, white men unsuccessfully sought to lynch Mr. Hamilton in his own home. Jeremiah G. Hamilton died in 1875, leaving behind an estate of $2 million, which would be around $45 million today. It is vital that the history of America reflects the lives of all Americans, and I am proud to help share some of the lost history from the 10th Congressional District. Madam Speaker, I ask all of my colleagues to join me in recognizing not only the life of Jeremiah G. Hamilton but the dedicated work of both the Committee to Commemorate Jeremiah G. Hamilton and historian Shane White to create a permanent place in history for the first African-American millionaire. The Committee to Commemorate Jeremiah G. Hamilton was established in February 2018 by community activists, including Dr. Sam D. Albert, Hon. Louise Dankberg, Hon. Alan J. Gerson, Gail Green, Barbara Guinan, Greg Lambert, Esq., Christine Merritt, Hon. Daisy Paez, Mark P. Thompson, Leona Zeplin and the Committee's Co-Chairs Dolores Leito and Hon. Michelle D. Winfield.

Mr. NADLER

Mr. NADLER. Mr. Chair, I yield 2 minutes to the distinguished gentlewoman from Pennsylvania (Ms. Dean), a member of the committee.

Mr. NADLER. Mr. Chair, how much time is remaining?

Mr. NADLER. Mr. Chair, I yield 1 minute to the gentleman from California (Mr. Swalwell).

Mr. NADLER. Mr. Chair, I yield 1 minute to the distinguished gentleman from Georgia (Mr. Johnson).

Mr. NADLER. Mr. Chair, I yield 2 minutes to the distinguished gentleman from Georgia (Mr. Lewis).

Mr. NADLER. Mr. Chair, I yield 2 minutes to the distinguished gentlewoman from Texas (Ms. Jackson Lee).

Mr. NADLER. Mr. Chair, I yield 1\1/2\ minutes to the distinguished gentleman from Florida (Mr. Deutch), a member of the committee.

Mr. NADLER. Mr. Chair, I yield 1 minute to the distinguished gentlewoman from Texas (Ms. Garcia), a member of the committee.

Mr. NADLER. Mr. Chairman, I will point out that the bill says: Nothing in this act . . . shall be construed to authorize the establishment, directly or indirectly, of a national firearms registry. Mr. Chairman, I yield 1 minute to the gentlewoman from California (Ms. Pelosi), the distinguished Speaker of the House.

Mr. NADLER. Mr. Chairman, I yield 2\1/2\ minutes to the gentlewoman from Georgia (Mrs. McBath), a member of the committee.

Mr. NADLER. Mr. Chairman, I yield 2 minutes to the gentleman from California (Mr. Thompson), the chief author of this legislation and the chairman of the Gun Violence Prevention Task Force.

Mr. NADLER. Mr. Chairman, I yield 1 minute to the gentleman from Rhode Island (Mr. Cicilline), a member of the committee.

Mr. NADLER. Mr. Chairman, I yield 2 minutes to the gentlewoman from California (Ms. Bass), the chairperson of the Crime, Terrorism and Homeland Security Subcommittee.