[Congressional Record Volume 153, Number 195 (Wednesday, December 19, 2007)]
[Senate]
[Pages S15969-S15970]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                NICS IMPROVEMENT AMENDMENTS ACT OF 2007

  Mr. SCHUMER. Mr. President, I rise in support of the Leahy-Schumer 
substitute to H.R. 2640, the NICS Improvement Amendments Act of 2007. I 
have just been told a hold which had been placed against this bill is 
about to be lifted.
  At its core, this bill does something that has been too long in 
coming. It gets States critical resources they need to upgrade the 
mental health and conviction records they use to screen prospective gun 
buyers.
  These records go into the national instant criminal background check 
system, the NICS, that we rely on to screen for those who should not be 
allowed to buy guns. It has the support, I am proud to say, of both the 
Brady organization and the NRA. This was a collaboration that occurred 
over the last year.
  I also thank my colleague from Oklahoma, Senator Coburn, and my 
colleague from Massachusetts, Senator Kennedy, because both agreed last 
night on final language.
  Today, millions of criminal and mental health records are 
inaccessible to the NICS, mostly because State and local governments 
have noncomputerized or outdated records. Furthermore, the process is 
spotty, as States are not required by law to turn over all pertinent 
information that could prohibit a person from buying a gun. As a 
result, many people who simply should not have guns are allowed to 
purchase them.
  This bill will address that problem. In a word, without affecting a 
single law-abiding citizen's gun rights, the bill will make America 
safe.
  I started working on this legislation a long time ago in 2002, along 
with my colleague Representative Carolyn McCarthy. That was when on 
Long Island, in my State of New York, a gunman who was a paranoid 
schizophrenic slipped through the cracks of the system and bought a .22 
caliber semiautomatic rifle. He then took that gun, walked into a 
morning service at Our Lady of Peace Church and gunned down its beloved 
priest and one of its most prized parishioners.
  So Representatives Carolyn McCarthy, John Dingell, and I worked on 
legislation to help improve the background check system. We wanted 
then, as we do now, to make sure no more dangerous people are allowed 
to get guns.
  Over the years, as it often does, the political process played out. 
It would pass one House but not the other, and the bill was stalled.
  As this has gone on, we have not stopped working and have kept alive 
the faith this legislation would one day become law. Through it all, 
every one of us hoped desperately that there would not be another 
preventable tragedy, another time when the system failed. But on April 
16, 2007, our deepest fears came true.
  I do not need to recite the facts of what happened at Virginia Tech. 
Every one of us is aware of the unspeakable horror that took place on 
the campus last April. We can never know if we could have prevented the 
shootings. What we do know, however, is that a very dangerous 
individual with a history of mental illness was allowed to buy two 
handguns.
  It is a shame that we are again called to act on this 5-year-old 
legislation in the face of tragedy. But now is Congress's moment to 
take a huge step toward fixing a broken system.
  The House passed a bill on June 13, 2007. Around the same time, 
Chairman Leahy and I began work on a similar bill. As I said before, I 
thank Chairman Leahy for his leadership in recognizing the importance 
of this issue. We attempted to pass the bill by unanimous consent. 
Senator Coburn, as was his right as a Member of the body, held the bill 
based on concerns he had.
  Rather than try to go around our colleague, we worked with him. And I 
must say, from the beginning, Senator Coburn acted professionally, 
respectfully, and in good faith.
  When it comes to guns, I do not agree with Tom Coburn on much, but he 
and I sat down at length and worked through our differences on this 
bill. I can say with full confidence, this bill is something on which 
both of us can agree.
  At the heart of the concerns of my friend from Oklahoma were fears 
the bill, as originally drafted, could have the unintended consequence 
of jeopardizing the rights of law-abiding veterans.
  This not being a gun control bill, and it has never been our intent 
to jeopardize the rights of lawful citizens and veterans, we have made 
changes to address our colleague's concern, and he told me he will lift 
his hold as a result.
  Remember, I was an original sponsor of the Brady bill. I care about 
seeing the background check process work the right way. I will not 
support legislation I believe will hurt the system. But today we have a 
great accomplishment. It is fitting that at the end of this session we 
are there, proud of the bipartisan process. Chairman Leahy, Senator 
Coburn, Senator Kennedy, and I came up with a solution last night at 
about 11 p.m. on the floor. Senators Coburn and Kennedy shook hands, as 
I watched, and we have come to an agreement. Through all this 
negotiation, this bill has the backing of both the Brady Campaign to 
Stop Gun Violence and the National Rifle Association.

  So now the hard work is done. We must pass this legislation. We must 
get it back to the House for them to pass again before they adjourn, 
and then we must get it on the President's desk to be signed into law. 
The parents of Virginia Tech families and millions of other Americans, 
including those at Our Lady of Peace congregation on Long Island are 
waiting for this moment. We have waited a long time. As citizens and 
parents, we must do everything to see that we do not have another Our 
Lady of Peace shooting or another Virginia Tech shooting. I urge my 
colleagues to support the legislation.
  I will say again this is an example of how the system should work, 
and in a few moments I will be asking unanimous consent to move the 
bill forward, but before doing so, I yield my time to my colleague from 
West Virginia, because they are doing the paperwork, and I thank my 
colleague from West

[[Page S15970]]

Virginia for his courtesy and his kindness.
  The PRESIDING OFFICER (Ms. Landrieu). The Senator from West Virginia.

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