[Congressional Record (Bound Edition), Volume 162 (2016), Part 7]
[Senate]
[Pages 9484-9485]
[From the U.S. Government Publishing Office, www.gpo.gov]




                       COMPROMISE GUN LEGISLATION

  Mr. FLAKE. Mr. President, I come to the floor today to announce my 
support and my hope that all of us will support the bipartisan 
compromise that will be proffered this afternoon by Senator Collins, 
myself, Senator Heitkamp, and others on the Democratic side to actually 
put something

[[Page 9485]]

on the floor that is not designed to fail but is designed to pass.
  Many of us have been concerned that we use lists that actually mean 
something. We believe that somebody who is not allowed to fly, somebody 
who is on the no-fly list, should not be allowed to purchase a weapon 
but that those people who find themselves in that position should be 
afforded due process protections as well, as is necessary under the 
Constitution.
  The problem with the broader watch list that there was an amendment 
on last night is it is a broad watch list with more than a million 
people. There are bits and pieces of information from many of our 
intelligence agencies. It isn't really designed for this purpose. So 
what we have done with this compromise piece of legislation is taken 
the no-fly list, as well as what is called the selectee list, which is 
a slightly broader list of those who are allowed to fly but are 
retained for additional screening. These are defined lists, much 
smaller, and affect a much smaller group of Americans.
  If you find yourself on these lists, then the Attorney General would 
have the ability to block that gun purchase, but you would be given 
robust due process protections as well, where you could challenge it. 
The presumption of innocence would be there, and it would be the 
government's job to actually prove that you belong on that list and 
should be denied the purchase of a weapon. If the government could not 
prove their case, the government would actually pay the attorney's fees 
as well. So there are strong, robust due process protections here as 
well.
  But this is simply based on the principle that if you are denied the 
right to fly, it stands to reason that, without additional checks, you 
should not be able to purchase a weapon.
  That is what this compromise piece of legislation is all about. A lot 
will be said outside of this body--that it is intended for other 
purposes--but I would encourage everyone to look at the legislation we 
are offering this afternoon. It has bipartisan support--unlike most of 
what has been put forward so far--and it has growing support as well.
  We actually believe we ought to put something on the floor that will 
pass, not just protect one party or the other in terms of an election 
coming up. We want to actually have an impact on the situation.
  With that, I urge support for the bipartisan compromise we are going 
to offer this afternoon.
  Mr. President, I yield back the remainder of my time.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. COTTON. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Flake). Without objection, it is so 
ordered.

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