Commerce, Justice, Science, and Related Agencies Appropriations Act, 2016
Floor Speech
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Mr. BLUMENTHAL. Mr. President, I am pleased to follow my colleague and friend from New Hampshire, who served as attorney general of her State during part of the time that I served as attorney general in the State of Connecticut. We have in this body common ground in seeking more effective law enforcement solutions to all of the harm and unspeakable violence that has so plagued our Nation in recent years. But I cannot help but remark that we would not be having this debate but for an effort last week--in fact, a filibuster--that took the floor under the leadership of my great colleague and friend Senator Murphy, supported by Senator Booker and myself and then by tens of other Senators, to make sure that we debate and that we vote. Our feeling was that there should be no business as usual on this appropriations bill-- as important as it might be--in the wake of the terrorist extremist harm in Orlando.
We demanded action because America is demanding action. We have been deluged before today, and I am sure that we will be deluged after, by Americans saying that the time has come for commonsense measures to stop gun violence inspired by ISIS or other terrorist extremists abroad and supported by them, as well as the homegrown terrorists and the lone wolf.
During the 15 hours that we were on the floor, our offices were deluged by encouragement and support from Connecticut and from all around the country, joining us in saying: Enough is enough; the time for action is now. These were letters, tweets, Facebook posts, demonstrations, rallies, and other insistent cries for Congress to do its job and respond to this public health crisis, much as we would to any other epidemic. It is an epidemic that we face--an epidemic of gun violence.
In Connecticut, we have a special understanding with the people of Orlando about what it is like to have a community go through such a horrible tragedy. We sought action in the wake of Newtown some years ago, and I am often asked: What now has changed since Newtown? What will make the difference? The reason I think we have reached a tipping point and why I think there has been a sea change and a critically important change in the dynamic here in the Senate is that we now know that these endless progressions of massacres, gang violence, domestic violence, and other gun crimes at every level will continue and, indeed, will rise in number and severity unless we act and, equally, if not more importantly, that the link to terrorist extremists abroad has become irretrievable. We know violent terrorists at home, inspired and supported by ISIS abroad, will continue to wreak havoc and take lives. They will continue to use AR-15s and semi-automatic assault weapons, which have been designed to kill and maim as many people as possible, as quickly as possible.
We have become much better at stopping terrorists from carrying bombs onto planes because we adopted a no-fly list, and we have a terrorist watch list. Those AR-15s and other military-style assault weapons have now become the weapon of choice, rather than explosives. The form no longer preferred by terrorists is a plane. Now it is a nightclub, an office, a school, a church, or wherever people gather. There is no question that we need to take the fight to ISIS, as my colleague from New Hampshire has said, and it needs to be taken to ISIS more aggressively and effectively. But the Nation also needs to harden its defenses at home and to use information and intelligence that comes to us about people who are preparing, undertaking, or engaging actively in terrorist activity--as evidenced by fact, not mere speculation--and make sure that we are protected from them by stopping them from buying guns. With weapons that can be easily and legally purchased, one or two gunmen can wreak unimaginable havoc, killing and injuring hundreds of people in a matter of minutes. They need to be barred from buying guns. That is why I am supporting, strongly and enthusiastically, the proposal made by my colleague, Senator Feinstein, that embodies the basic principle: no fly, no gun. If you are too dangerous to be permitted on a plane, you should be deemed too dangerous to buy a gun. That is in no way to interfere with anybody's Second Amendment rights. I believe in the Second Amendment. It is the law of the land. There should be due process, as well, for anybody who is erroneously on any list.
The Feinstein proposal, which I am pleased to cosponsor, would give the Attorney General of the United States the flexible authority to stop people who are on a compilation of lists--no fly, terrorist watch lists--or under investigation by the FBI 5 years previously from buying a gun. That is the basic principle that is at stake. It offers a strong hope. Indeed, it might well have prevented the shooter in Orlando from buying a gun, because he had been under investigation by the FBI in the previous 5 years.
These measures are necessary to protect America. The alternative, the proposal made by Senator Cornyn, I believe is unworkable and ineffective. The government has to meet a probable cause standard and prove in a public proceeding, a trial, that standard is met. If an individual can be proved by probable cause to be sufficiently dangerous to be barred from a gun purchase, that person can be arrested. The Cornyn proposal, in effect, makes it more difficult to stop someone from buying a gun than to arrest them. So it seems to be that in most circumstances it would be ineffective--indeed, meaningless. To put it simply, the Cornyn amendment essentially adds nothing to the tools law enforcement already have. I have heard it described as a wolf in sheep's clothing. In my view, it is actually a sheep in wolf's clothing, with the pretense of being strong and effective in the fight of terrorism but in fact much less than meets the eye. Folks in law enforcement will know that investigations and analyses concerning highly complex and sensitive information that has to do with terrorism sometimes take time, and the 72-hour requirement placed an unrealistic and unworkable limit on the United States. I want to emphasize again that none of this is to say that due process is to be deemed unimportant. In fact, anyone erroneously on this list ought to be provided with effective and speedy due process, which is what the Feinstein amendment does.
We are also going to be voting on another pair of amendments addressed at the broader background check issue. I urge my colleagues to support the measure that I have led with my colleagues, Senator Murphy, Senator Schumer, and Senator Booker, which ensures that our background system works in the only rational way it should--by requiring everyone purchasing a firearm to undergo a background check. That background check process is necessary for any terrorist list to be effectively implemented, because otherwise there would be no way of knowing whether someone is on such a list. ``No fly, no gun'' is effective only if there is a list that can be enforced by review of background. These measures are supported by 90 percent of the American people or more. Everywhere I went over the weekend in Connecticut--Boys State convention sponsored by the American Legion in Winstead, the Branford Road Race for Father's Day, yesterday, the blessing of the fleet in Southport--Americans and the people of Connecticut have shown us that we must act. This Chamber is the place where there are speeches. It is often filled with words. Now is the time for action.
An alternative to the Murphy-Schumer-Blumenthal-Booker amendment has been offered by Senator Grassley. Unfortunately, it would not only fail to fix the problem, but, in fact, it would worsen the status quo. It makes broad sweeping changes to portions of our gun laws that now prevent people with dangerous mental illnesses from obtaining weapons. This proposal would make an abrupt sweeping change to the definition that could result in many individuals currently prohibited from purchasing firearms suddenly being able to do so, even if they do in fact have conditions that make them dangerous to themselves or others.
There is no single solution to the problem of extremist terrorism inspired or supported by ISIS or enemies abroad. We need to be mindful and aggressive and effective in countering. The link to terrorism abroad is undeniably seen at home. I want to commit that today is in a sense the beginning of a new chapter, when perhaps we can seek common ground in light of the sea change and the tipping point we have reached in this Nation. We can seek common ground on measures that are realistic. My quarrel with the Collins amendment is that it would, in fact, fail to cover 90 percent of the suspected terrorists who pose danger, and it would not have stopped the shooter in Orlando, as the Feinstein proposal might well have done.
There is a basis for common ground. I am committed to seek it. We have not only the opportunity but the obligation to do more and to do it better. This effort will not be a sprint, as I said literally within days of the Newtown tragedy. It is an effort that requires continued work to stop assault weapons and AR-15s, which are weapons of war and mass destruction, to prevent illegal trafficking and straw purchases, to enact a mental health initiative and school safety measures, to prevent domestic violence from careening into gun violence, and to prevent the continued broad immunity unique to the gun industry under PLCAA. These steps will come in time because the American people are saying, as we said last week on the floor of the Senate: Enough is enough.
The time is now for action. I thank my colleagues for supporting this effort and for their continuing support and, most importantly, the people of Connecticut who have been so generous and caring and most important for the survivors and victims who have shared their stories again and again. The face and voice of Newtown has been here through groups such as Sandy Hook Promise and Newtown Action Alliance. In the end, citizen activism will enable us to do more and do better to counter extremist violence and gun violence throughout America.
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