[Congressional Record Volume 167, Number 123 (Wednesday, July 14, 2021)]
[Senate]
[Page S4887]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                   Unanimous Consent Request--S. 1920

  Mr. BRAUN. Mr. President, here in a moment, I am going to ask for 
unanimous consent on the ATF Accountability Act and the Protecting the 
Right to Keep and Bear Arms Act.
  Governor Cuomo has declared gun violence a public health emergency in 
New York. ``We want to do with gun violence what we just did with 
COVID,'' Governor Cuomo says.
  During the pandemic, Governor Cuomo and other elected officials used 
the public health emergency to infringe upon Americans' constitutional 
rights. They barred Americans from exercising their freedom of religion 
by closing churches. They infringed upon Americans' right to assemble 
by banning many gatherings, and now gun control activist organizations 
are pressuring President Biden to declare gun violence as a public 
health emergency.
  Doing so would allow the administration to take Executive action to 
hold up gun sales.
  Declaring a public health emergency should not give the executive 
branch the right to infringe upon our Second Amendment. This is why I 
introduced the Protecting the Right to Keep and Bear Arms Act to stop 
this. This bill would prevent the White House from declaring an 
emergency for the purpose of imposing gun control.
  I took an oath to represent Hoosiers and protect their Second 
Amendment rights. That is why I will oppose the nomination of David 
Chipman and why I will ask for unanimous consent to pass the ATF 
Accountability Act and the Protecting the Right to Keep and Bear Arms 
Act.
  Mr. President, as if in legislative session, I ask unanimous consent 
that the Judiciary Committee be discharged from further consideration 
of S. 1920 and the Senate proceed to its immediate consideration; 
further, I ask unanimous consent that the bill be considered read a 
third time and passed and that the motion to reconsider be considered 
made and laid upon the table.
  The PRESIDING OFFICER. Is there objection?
  Mr. DURBIN. Reserving the right to object.
  The PRESIDING OFFICER. The majority whip.
  Mr. DURBIN. I read this bill, and I am not sure the Senator from 
Indiana really wants to do what this bill says because the bill makes 
it a priority that this Agency, Alcohol, Tobacco, and Firearms--a 
priority if there is a request from a licensed manufacturer, importer, 
or dealer, a request of the Agency for information questions on 
regulatory matters, puts timelines on them, deadlines.
  It says that the Bureau of Alcohol, Tobacco, Firearms and 
Explosives--the Attorney General shall--shall--not later than 90 days 
after the receipt of such a request or question make a ruling or 
determination.
  Well, you think to yourself, if this Agency has very little to do 
with thousands of employees, then perhaps the timeliness of response 
from the industry would merit some 90-day deadline. But the Senator in 
introducing this completely overlooks the obvious. This legislation 
would force ATF to take resources and manpower away from their other 
activities and put them into answering regulatory inquiries with a 90-
day deadline in his bill.
  So what are the other duties that will be taking the ATF agents away 
from? Well, the Senator is from Indiana, my neighboring State, and I am 
sure when he goes to northwestern Indiana, he hears a lot about the 
city of Chicago. Well, it was last weekend, on the Fourth of July 
weekend, that there were 104 people shot in the city of Chicago, 19 
died. There were 13 children who were shot and two law enforcement 
agents.
  What is the responsibility of the Alcohol, Tobacco, Firearms and 
Explosives Bureau when it comes to this kind of mass shooting that is 
taking place in the city I am honored to represent but breaks my heart 
to hear those numbers?
  They are supposed to be investigating the gun violence. They are 
supposed to be gathering the information and evidence so they can work 
with the prosecutors to stop this mass shooting. Unfortunately, the 
Senator from Indiana said, no, that is not your priority at ATF; your 
priority is to answer regulatory questions from gun dealers and 
manufacturers. And you have 90 days to do it, no matter what else is 
going on. Oh, you may be going after somebody who is guilty in a mass 
killing and a mass shooting; put it aside. You have a bookkeeping 
question. That is one of the provisions in here. You have a bookkeeping 
question that should take priority over anything else you are doing. 
Stop preparing information and evidence for trial, answer the industry 
questions on regulations. That is your highest priority--at least that 
is what your bill says.
  So I look at this, and I think, in the reality of gun violence and 
death and the crimes that are being committed, ATF has the most 
important role of keeping us safe. I want them to be efficient in 
dealing with the industry. But that is not their highest priority, as 
far as I am concerned. The highest priority is to keep America safe and 
to do something about gun violence. And for that reason, I object.
  The PRESIDING OFFICER (Ms. Smith). The objection is heard.
  The Senator from Indiana.
  Mr. BRAUN. Madam President, a quick response to that before I ask 
unanimous consent on the next item is that that is an argument I hear 
so often, that the city that supports some of the toughest State gun 
laws and local laws that ends up having the statistics that no one 
would want to have across our country and then would try to cast that 
blame on a neighboring State tells me that you are looking in the wrong 
place to solve the problem.
  The ATF here, we are just wanting clarity--that is the purpose of 
this act, and I suggest that my friend from Illinois look at some of 
the more basic issues that might be underlying what is happening there.