Blindfolded, and with One Hand Tied Behind the Back

7/29/2019 Blindfolded, and with One Hand Tied Behind the Back

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1 Center or American Progress | Blindolded, and with One Hand Tied Behind the Back

Blindfolded, and with One Hand

Tied Behind the BackHow the Gun Lobby Has Debilitated Federal Action on

Firearms and What President Obama Can Do About It

Winnie Stachelberg, Arkadi Gerney, and Chelsea Parsons March 18, 2013

I is no secre ha annual appropriaions bills are oen used as a vehicle or moving

hrough discree legislaive measures unrelaed o unding he governmen. Becauseappropriaions bills are oen considered o be mus pass pieces o legislaion, packag-

ing nonunding policy provisions ino hese bills can be an eecive way o ensure pas-

sage o measures ha migh no pass i submited hrough he regular legislaive process

in he House and Senae.

Te use o appropriaions riders o enac policy changes, however, has reached new

heighs in he area o rearms. Beginning in he lae 1970s and acceleraing over he pas

decade, Congress, a he behes o he Naional ie Associaion, or NR, and ohers in

he gun lobby, began incremenally chipping away a he ederal governmens abiliy o

enorce he gun laws and proec he public rom gun crime. Te NR reely admis isrole in ensuring ha rearms-relaed legislaion is acked ono budge bills, explaining

ha doing so is he legislaive version o caching a ride on he only rain ou o own.1

Insering policy direcives in spending bills bypasses he radiional process, which

allows or more careul review and scruiny o proposed legislaion. Appropriaions

bills are inended o allocae unding o governmen agencies o ensure ha hey are

capable o ullling heir missions and perorming essenial uncions. Bu he gun riders

direced a he Bureau o Alcohol, obacco, Firearms and Explosives, or AF, do exacly

he opposie and insead impede he agencys abiliy o uncion and inerere wih law

enorcemen eors o curb gun-relaed crime by creaing policy roadblocks in service

o he gun lobby. As a group, he riders have limied how AF can collec and share

inormaion o deec illegal gun racking, how i can regulae rearms sellers, and how

i parners wih ederal, sae, and local law enorcemen agencies.

Te Obama adminisraion has, a imes, recognized he problemaic naure o such policy-

direced appropriaions riders. In May 2012 Presiden Barack Obama hreaened o veo


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he appropriaions bill o und he Deparmen o Commerce, he Deparmen o Jusice,

he Naional Aeronauics and Space Adminisraion, he Naional Science Foundaion, and

oher relaed agencies or scal year 2013in par because o he inclusion o his ype

o policy rider. Te presiden specically menioned a rider aimed a AF ha sough o

prohibi he agency rom requiring rearms dealers in our border saes o repor he sale o

muliple ries or shoguns o a single individuala new policy ha had been implemened

o assis law enorcemen gh illegal gun racking along he border wih Mexico. 2 Callingsuch riders problemaic policy and language riders ha have no place in a spending bill,

he Obama adminisraion saed ha i srongly oppose[d] his ype o rider.3

Te ragedy a Sandy Hook Elemenary School in Newown, Connecicu, las December,

coming on he heels o a sring o oher recen mass shooings in Aurora, Colorado, and

ucson, Arizona, has proved o be a wake-up call o he American people ha he issue

o gun violence in his counry mus be addressed. Te presiden and many members o

Congress have aken up his charge or he rs ime in many years. Ouside Capiol Hill,

is eviden ha a serious and comprehensive discussion abou how o preven gun vio-

lence in our communiies has begun, boh on quesions o legislaion and execuive acion.Tus ar, he debae has ocused primarily on major legislaive proposals such as universal

background checks, a renewed assaul weapons ban, and increased penalies or gun ra-

ckers. Tese measures are criically imporan o reducing gun violence, however, he

discussion should no end here. As examined in deail below, here are more han a dozen

appropriaions riders passed each year, ypically wihou any discussion or debae, which

signicanly limi he ederal governmens abiliy o regulae he rearms indusry and

gh gun-relaed crime. Tese riders jeopardize public saey and and hreaen o under-

mine any new legislaion ha Congress may pass o reduce gun violence.

Riders jeopardize

public saety and

undermine any

new legislation

that Congress may

pass to reduce gun

violence.

Among other things, these riders:

Limit ATFs ability to manage its own data in a modern and ecient manner, and

strip the agency o autonomy and its ability to make independent decisions

Interere with the disclosure and use o data crucial to law enorcement and gun-

tracking research

Frustrate eorts to regulate and oversee rearms dealers

Stife public health research into gun-related injuries and atalities


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As Presiden Obama saed in January 2013 while unveiling his proposals o reduce

gun violence:

While there is no law or set o laws that can prevent every senseless act o violence com-

pletely, no piece o legislation that will prevent every tragedy, every act o evil, i there

is even one thing we can do to reduce this violence, i there is even one lie that can be

saved, then weve got an obligation to try.4

In he discussion ha ollows, we call on Presiden Obama o remove all o he unneces-

sary and dangerous riders rom he scal year 2014 appropriaions bill he will submi

o Congress.emoving hese riders has he poenial o ree he AF and oher ederalagencies o use heir subsanial knowledge and experise o proec our communiies

rom uure gun-relaed ragedies. In his rs budge proposal o Congress since he

Newown shooing, we urge he presiden o inroduce a clean budge ha srips each

o he riders described in deail below rom his FY 2014 budge. Te presiden can lead

wih a clean budge, bu ulimaely Congress mus ac. Tereore, we call on Congress o

have an open debae abou he unnecessary and dangerous resricions conained wihinhis se o policy riders.

Limits on ATF management and operations

Unlike oher ederal law enorcemen agencies ha are aorded a high level o organi-

zaional auonomy and given wide laiude o develop programs and sysems o acili-

ae heir mission, AFs aciviies are ighly conrolled by Congress. Over he years,

Congress has imposed numerous resricions on how AF manages is daa, wheher

or how i acs o ulll is duies under various laws, and is abiliy o delegae any o isuncions o oher agencies or deparmens.

Data management

Since 1979 he Bureau o Alcohol, obacco, Firearms and Explosives has been prohib-

ied rom creaing a cenralized daabase o gun sales records already in is possession.5

While ederal rearms licensees are required o keep records o every rearm sale hey

engage in and o provide his inormaion o AF upon requesor example, o assis

police by racing a gun ound a a crime sceneAF is no permited o consolidae ha

inormaion ino a cenralized daabase ha could be easily accessed by law enorcemen

when a gun is recovered a a crime scene. AF is also resriced rom puting records o

gun sales obained when dealers go ou o business ino an elecronic, searchable daa-

base.6 AF receives an average o 1.3 million records rom ou-o-business dealers each

monh, and i is orced o keep hese records in boxes in warehouses or on microche.7

We call on

President Obama

to remove all o the

unnecessary and

dangerous riders

rom the scal year

2014 appropriations

bill he will submit to

Congress.


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A cenralized daabase conaining his ype o daa bears no resemblance o a regisry

o gun purchases as he gun lobby claims. Creaing such a regisry, or even mainaining

daa or approved gun background checks indeniely, is expressly prohibied by he

Brady Ac, which creaed he rearm background check sysem.8 Insead, hese riders

resric how AF accesses records i is already eniled o access and mainains records

already in is possession. Because here is no cenralized elecronic daabase o gun

records already in is possession, when a gun is ound a a crime scene, AF is orcedo go hrough a complicaed and ime-consuming process o ry o deermine he guns

owner. AF agens mus si hrough hundreds o housands o paper records, make

numerous phone calls o he manuacurer and reail dealer ha rs sold he weapon,

and rely on records kep by ederally licensed rearms dealers o atemp o ideniy

he weapons owner. Using his aniquaed and inecien sysem, a rearms race can

ake days, or even weeks, hereby rusraing criminal invesigaions.9 Considering ha

AF conduced more han 333,445 rearms races in 2012,10 he amoun o ime, eor,

and resources ha could have been saved had AF been able o simply search is own

records is ruly saggering.

Since 2004 Congress has included anoher gun riderone o he so-called iahr

Amendmens, aer heir chie proponen, ormer ep. odd iahr (-KS)o he

appropriaions bill ha direcly impedes law enorcemens abiliy o ideniy sraw

purchasersa person who buys a gun or someone who can legally purchase a

gunand criminal gun-racking neworks. Pursuan o his rider, he FBI may only

reain records o individuals who successully passed he Naional Insan Criminal

Background Check Sysem, or NICS, or 24 hours.11

Te desrucion o hese records means ha ederal law enorcemen is deprived o he

opporuniy o recognize paterns in apparenly legal gun sales ha sugges sraw pur-chasing and gun racking. Federally licensed gun dealers, or example, are required o

repor o AF when an individual purchases more han wo rearms in a ve-day period

because such sales raise a red ag ha he individual may be engaging in sraw purchases

or gun racking.12 Bu sraw purchasers can easily evade deecion and bypass his

reporing requiremen by purchasing smaller quaniies o guns rom muliple dealers,

knowing ha law enorcemen will no be able o rack hese purchases because he ed-

eral background check records will be almos immediaely desroyed. Te desrucion

o hese records wihin 24 hours also deprives AF o he opporuniy o proacively

ideniy corrup gun dealers who alsi y heir records o enable sraw purchases. Insead,

AF is no alered o criminal aciviy engaged in by licensed gun sellers unil aer

crimes are commited and he guns used in hose crimes are raced back o he corrup

dealerby ha ime i is oo lae o preven harm o public saey.

When he Naional Insan Criminal Background Check Sysem was rs creaed, he

FBI was permited o keep records o individuals who passed a background check or six

monhs so he sysem could be audied o ensure ha i was no being used or unauhor-

1.3 million records a

month are orced to

be recorded in boxe

in warehouses or on

microche.


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ized purposes, and o enable oher qualiy conrol checks. Te FBI subsequenly revised

he applicable regulaion o shoren he permissible reenion period o 90 days. Tese

mulimonh reenion periods were upheld by ederal cours as consisen wih he prohi-

biion in he Brady Ac on creaing a regisry o rearms.13 Congress should remove his

rider and allow he FBI o rever o he hree-monh reenion period o give law enorce-

men he opporuniy o mine hese daa or indicaions o criminal aciviy and ensure

ha he background check sysem is uncioning properly and no being misused.

Te pracical resul o hese appropriaions riders inended o preven a speculaive and

unounded ear o widespread rearms conscaion is o impede law enorcemen invesi-

gaions ino violen criminal aciviy and needlessly wase already limied AF resources.

Each o hese riders should be sripped rom he FY 2014 appropriaions bill so our ederal

law enorcemen agencies can ake he seps necessary o modernize heir daa collecion

and managemen sysems and pursue criminal invesigaions more ecienly.

Basic operations

Congress has also imposed riders ha srip away AFs auonomy as an agency and

impose arbirary resrains and condiions on is aciviies. Te mos drasic o hese

measures is a rider rs added in 1994 ha prevens AF rom ranserring any o is

uncions, missions or aciviies o anoher agency or deparmen.14 As a consequence

he Deparmen o Jusice is prohibied rom moving cerain law enorcemen uncions

o AF o he FBI, where here are more resources and a more developed leadership

srucure. Such shufing o responsibiliies among subordinae eniies is rouine a

oher agencies and in he corporae world, ye he Deparmen o Jusice is denied he

opporuniy o engage in his basic managemen pracice, even in he ace o repeaedcriicism rom Congress abou ineciencies and misakes a AF. AF aces serious

challenges o is abiliy o eecively ulll is missionincluding Congress ailure

o approve a permanen direcor or he pas six yearsye is prohibied rom aking

seps o address hese challenges in any meaningul way. Insead o giving exibiliy o

ederal agencies o cooperae, share resources, and work ogeher more ecienly, wih

his rider Congress has insead rozen in place AFs abiliy o parner wih and seek aid

rom oher ederal law enorcemen agencies.

Limits on the disclosure and use of trace data

In 2004 a se o appropriaions riders collecively known as he iahr Amendmens

were acked ono he Deparmen o Jusice appropriaions bill. Among oher hings,

hese riders drasically limied he abiliy o AF and oher law-enorcemen agen-

cies o use and disseminae race daadaa ha links guns ound a crime scenes o a

manuacurer, he dealer ha originally sold i, and possibly he ideniy o he owner.


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Te iahr race daa rider barred AF rom disclosing any race daa o he public,15

shielded race daa rom subpoena in civil acions,16 and provided ha hese daa are

inadmissible in evidence.17 In heir original orm, he riders also limied he access o

law-enorcemen agencies o daa relaed only o a paricular criminal invesigaion and

peraining only o heir geographic jurisdicion,18 which prevened police rom obain-

ing bach daa ha could help ideniy sraw purchasers, problemaic gun dealers, and

illegal gun rackers operaing across sae lines.

Tese provisions were inroduced a he behes o he NR in large par o shield he

rearms indusry rom lawsuis ha municipaliies had begun o le alleging negli-

gen pracices ha allowed guns o end up in he hands o criminals.19 iahr himsel

acknowledged wha moived him o pursue hese riders, explaining, I waned o make

sure I was ullling he needs o my riends who are rearms dealers.20

Tese riders limiing access o and use o race daa proved o be a danger o public saey.

esearch conduced by a eam a he Johns Hopkins Universiy analyzed he impac o

hese appropriaions riders on he diversion o guns o criminals by one o he naionsleading suppliers o guns used in crimes, Badger Guns & Ammo in Milwaukee. According

o AF daa, in 1999 Badger Guns & Ammo had he highes number o sales o guns ha

were laer recovered a a crime scene. Te Johns Hopkins research ound ha, ollowing

he passage o he iahr Amendmens, he number o guns sold by Badger Guns ha were

laer discovered a a crime scene increased by 203 percen. Te sudys auhors atribued

his increase o he riders, saing ha hese provisions promped a dramaic increase in

he ow o guns o criminals rom a gun dealer whose pracices have requenly been o

concern o law enorcemen and public saey advocaes.21

Aer campaigns by hundreds o mayors and police chies, some o he wors gun-racedaa resricions have been amended. AF is now permited o release annual saisi-

cal repors conaining aggregae race daa22 and law-enorcemen agencies are ree

o receive race daa regardless o wheher he daa requesed perains o a paricular

invesigaion23 or he geographic jurisdicion o he agency asking.24 Ye he remaining

resricions on he disclosure o race daa coninue o pose signican obsacles o

law enorcemen and eors o sop corrup gun dealers rom illegally selling weap-

ons o criminals and gun rackers. Te prohibiion agains using race daa in civi l

proceedings means ha evidence o a gun dealers requen sale o guns ha end up a

crime scenesa srong indicaor o maleasance by he dealermay no be used in

a sae or local proceeding o revoke he dealers license. Addiionally, he limiaion

on AFs abiliy o release any bu he mos aggregaed race daa o he public means

ha criminal jusice researchers are unable o pu heir subsanial experise o use

ideniying complicaed inersae and inernaional gun-racking paterns.

Tiahrt himsel

acknowledged what

motived him to

pursue these riders,

explaining, I wanted

to make sure I was

ullling the needs o

my riends who are

rearms dealers.


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Oversight of gun sellers and gun manufacturers

One o he mos imporan uncions o AF is o regulae and oversee he rearms

indusry. AF is he licensing body or rearms dealers and is responsible or ensur-

ing ha ederally licensed rearms dealers comply wih he laws and regulaions ha

govern heir businesses. Tis work is vially imporan, as incompeen or unscrupulous

gun dealers creae an opporuniy or guns o be divered ou o he lawul sream ocommerce and ino he hands o dangerous individuals and criminal gun-racking

neworks. Once again, Congress has inerered wih AFs abiliy o ulll is mission by

enacing riders o he appropriaions bill ha dilue is power over licensed gun dealers.

Oversight of federal firearms licensees

AFs primary ool o ensure compliance wih ederal laws and regulaions is o conduc

regular inspecions o ederally licensed rearms dealers. Ye curren resource limiaions

make i impossible o regularly inspec he roughly 60,000 gun dealers in he UniedSaes. Wih only around 600 inspecors available o conduc hese inspecionsinspec-

ors who mus divide heir ime beween prospecive dealers, explosives reailers, and

acive gun dealershe Bureau o Alcohol, obacco, Firearms and Explosives is cur-

renly only able o inspec licensed gun dealers abou once every ve years.25

One o he mos imporan pars o an AF inspecion o a ederally licensed rearms

dealer is an invenory check o ensure ha he dealer can accoun or every gun ha has

passed hrough is doors. In he even ha dealers canno accoun or large numbers o

guns ha should be in heir invenory, a red ag is raised o he AF ha illegal guns

sales may be occurring. Addiionally, guns repored as los or solen end up a crimesscenes in large numbers, indicaing ha his is a common way or guns o be divered

ino criminal hands. One way o ll he gap in he inrequen inspecions is o require

gun dealers o regularly check heir invenory agains heir sales o ensure ha all guns

are accouned or. Because licensed gun dealers are required under ederal law o repor

los or solen guns o he AF,26 keeping an invenory would be an eecive way o

ensuring ha missing guns are promply idenied and repored o law enorcemen.

Te uiliy o requiring gun dealers o keep an invenory was recognized in he lae 1990s

when research revealed ha a small racion o gun dealers were he rs sellers o he

majoriy o guns recovered a crime scenes. As a ollow-up o his research, AF began

ocusing inspecions on hese problemaic dealers and ound rampan illegaliies, including

missing guns, noncomplian record-keeping, and hundreds o rearm sales o prohibied

purchasers. In response, he Clinon adminisraion proposed requiring gun sellers o keep

an updaed invenory o ensure ha each rearm was properly accouned or.27


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In 2004 he NR and ohers in he gun lobby shu down hese eors o rein in he

problem o gun dealers ailing o mainain conrol o heir invenories by including a

provision in he package o iahr amendmens ha specically prohibis AF rom

requiring dealers o conduc an annual invenory.28 A business pracice ha is rouine

and unconroversial in nearly every oher reail marke, including he reail marke or

explosives, which is also overseen by AF, is banned by he ederal governmen in he

conex o he sale o one o he mos dangerous consumer producs.

Tis is no an idle concern. During he inspecions ha AF is able o conduc wih

is limied resources, ens o housands o guns are discovered o be los or solen each

year. In 2011 AF discovered ha nearly 18,500 guns were unaccouned or during

he course o 13,100 rearms compliance inspecions.29 In 2012 he inspecion o jus

one gun dealer revealed ha 997 guns were unaccouned or and an addiional 93 guns

had no been logged in as invenory, a sign o illegal sales.30 Guns los or solen rom

dealer invenories have been ound a high-prole shooings, such as he Washingon,

D.C.-area sniper shooings in 2002. One o he guns used in ha sring o murders disap-

peared rom he invenory o Bulls Eye Shooer Supply in acoma, Washingon, whichhad los rack o 238 guns over a hree-year period.31Addiionally, iverview Sales, he

gun dealer rom which he Newown shooers moher legally purchased he guns used

in ha atack, has a hisory o losing rack o weapons in is invenory and gun hes

by employees and cusomers. AF has commenced proceedings o revoke is ederal

rearms license.32

TABLE 1

ATF gun dealer inspections and the need for dealers to conduct annual

inventory audits

Number o ederally licensed rearm dealers engaged in business 69,000

Number o gun dealers inspected or compliance by ATF 13,100 (19 percent)Portion o gun-dealer inspections that ound violations 50 percent

Number o licenses revoked or denied renewal due to willul violations 97 (0.85 percent o inspected gun dealers)

Average time between ATF inspections 5 years

Number o guns initially unaccounted or during inspections 177,500

Number o guns unaccounted or ater urther investigation by ATF 18,500

Source: Bureau o Tobacco, Firearms and Explosives Fact Sheet: FFL Compliance Inspections, (data rom 2011 and 2012).

Te NR argues ha requiring licensed gun dealers o mainain an invenory would

be unduly burdensome on law-abiding dealers.33 Bu mainaining accurae invenory

records is a rouine business pracice in nearly every oher reail indusry and any bur-

den on lawul dealerswho are likely already keeping hese records as par o a good

business praciceis ouweighed by he bene o public saey o quickly ideniying

missing guns and reporing hem o law enorcemen. An invenory requiremen would

also serve as a deerren o gun dealers emped o break he law by selling guns o crimi-


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nals, as well as an incenive o law-abiding rearms dealers o ensure ha hey are in ull

conrol o heir dangerous invenory.

Congress has also imposed anoher limiaion on AFs abiliy o regulae gun dealers

via appropriaions rider. Since 2004 AF has been prevened rom denying or reusing

o renew a gun dealers license or lack o business aciviy.34 Tis means ha, despie

he requiremen under ederal law ha a gun dealer be engage[d] in he business oselling guns,35 any individual may obain a ederal rearms license, regardless o he

size o heir business or he requency wih which hey sell guns. Tis has he eec o

undermining he licensing requiremens and creaing a glu in he licensee populaion,

which makes i harder o regulae. AF should be given he discreion and auonomy o

enorce he ederal laws as i deems appropriae and his kind o policy decision should

be le o he agency, no made in a vacuum by Congress during budge negoiaions.

Regulation of firearms

In addiion o regulaing ederal rearms licensees, he Bureau o Alcohol, obacco,

Firearms and Explosives also has he auhoriy o enac regulaions o aciliae he

enorcemen o oher ederal rearms laws, including he Gun Conrol Ac, he Naional

Firearms Ac, and he Arms Expor Conrol Ac. Congress has once again cu he agency

o a he knees in is atemps o do so, enacing even more appropriaions riders ha

limi he agencys abiliy o uncion and impose policy decisions ha are beter le o

he agency o make.

Tis can be seen in he ac ha since 1996 AF has been banned rom changing he

deniion o wha rearms consiue curios or relics.36

Under curren ederal regula-ions, curios or relics are dened as rearms which are o special ineres o collecors by

reason o some qualiy oher han is associaed wih rearms inended or sporing use or

as oensive or deensive weapons. Any rearm ha was manuacured a leas 50 years ago

qualies as a curio or relic, as well as ohers o museum ineres or ha are oherwise rare

or novel.37 Curio and relic rearms occupy a unique place in he ederal rearms licensing

scheme. Individuals can obain a collecors rearms license rom AF ha allows hem o

buy and sell curio and relic rearms in inersae commerceparicularly onlinewih-

ou going hrough he ederal rearms licensing procedure and wihou he requiremen

o a naional insan background check. Consraining AFs abiliy o evaluae he guns

receiving curio or relic classicaion and requiring ha he curren deniion remains

unchanged means ha here are dangerous, serviceable weapons in our communiies,

including some semiauomaic miliary surplus ries manuacured only 50 years ago,

which are subjec o ar less sringen regulaions han comparable modern weapons. Tese

are no merely anique guns ha are locked away in display casesmodern semiauomaic

ries such as he SKS and Dragunov SVD currenly qualiy as curios and relics.38 Whas

more, so-called curio and relic guns have been used in crimes in he Unied Saes. Case in


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poin: In 2011 a eenager in New Mexico was charged wih murdering his aher by shoo-

ing him wih a ussian war rie rom 1936.39

Tis rider is also paricularly problemaic because he overuse o he curio and relic clas-

sicaion has led o circumvenion o he ban on he imporaion o assaul ries enaced

by Presiden George H.W. Bush. While atracing less atenion han he ederal assaul

weapons ban, he 1989 ban on he imporaion o non-sporing purpose rearmsis sill in orce and is inended o block he imporaion o assaul ries.40 A curio and

relic classicaion means ha assaul ries o paricular makes and modelseven hose

manuacured in he las several yearsare exemp rom he ban.

Anoher example o congressional oversepping in he area o rearms regulaion is

a series o riders ha limi he abiliy o various governmen agencies o regulae he

inernaional rade in rearms. Congress has imposed bans on denying applicaions o

impor curio or relic rearms41 and cerain models o shoguns.42 Tese prohibiions

limi AFs abiliy o minimize he risk o cerain dangerous, serviceable weapons ener-

ing he Unied Saes and poenially ending up he in he hands o criminals. Congresshas also imposed a ban on requiring an expor license or exporing cerain rearms

and accessories o Canada,43 a measure designed o aciliae huning beween he wo

naions. Bu here again, regardless o he inen o hese appropriaions riders, policy

decisions such as hese are bes le or he expers a AF and oher agencies o make

aer careul sudy and consideraion, no imposed by Congress during he budge pro-

cess a he urging o he gun lobby.

Hampering public health research

Congressional siing o ederal aciviies regarding rearms hrough

he vehicle o appropriaions riders exends beyond law-enorcemen

agencies and aecs public healh and research as well. Congress has

essenially silenced any ederal public healh research ino rearms

injuries by insering language ino he appropriaions bill prohibiing

he Ceners or Disease Conrol and Prevenion44 and he Naional

Insiues o Healh rom spending any unds o advocae or promoe

gun conrol.45 Proponens o hese riders, chie among hem he

NR, argue ha gun violence is a law-enorcemen issue and research

insiuions such as he Ceners or Disease Conrol and Prevenion

should no be paricipaing in policy debaes. Mayors Agains Illegal

Guns recenly issued a repor conducing an in-deph analysis o

how hese riders and oher measures have srangled nearly all ederal

research ino rearms.46 While hese riders are no an over ban on sudying rearms

injuries or deahs, i has been perceived by he agencies as a hrea ha any such research

will resul in a loss o unding and has hereore had a chilling eec. Ceners or Disease

In 2011 a teenager

in New Mexico

was charged with

murdering his ather

by shooting him with

a Russian war rife

rom 1936.

TABLE 2

Decline in average annual funding for

firearm injury prevention research at the

Centers for Disease Control and Prevention

19931996 $2,536,252 annually

19972000 $1,150,140 annually

20012004 $966,640 annually

20052008 $561,365 annually

20092012 $102,997 annually

Source: Mayors Against Illegal Guns, Access Denied: How the Gun Lobby is

Depriving Police, Policy Makers, and the Public o the Data We Need to Prevent

Gun Violence (2013).


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Conrol and Prevenion unding or rearms injury prevenion research has allen 95

percen since his appropriaions language was addedrom an average o $2.5 million

annually beween 1993 and 1996, o around $100,000 annually in 2012.47 Wihou he

bene o up-o-dae public healh research ino gun violence and gun-relaed injuries

and deahs, legislaors and policymakers are le o guess which proposals will be mos

eecive a addressing hese issues.

As par o his comprehensive plan o address gun violence, Presiden Obama recog-

nized he imporance o public healh research on gun violence and condemned he

congressional acions atemping o limi i. He assered ha such research is no, in ac,

advocacy and is no prohibied by any appropriaions language. Te adminisraion has

direced he Ceners or Disease Conrol and Prevenion o recommence research ino

he causes and prevenion o gun violence.48 Tis is a good sar oward reeing public

healh research insiuions o devoe atenion o gun violence, however, hese riders

mus be sricken rom he appropriaions bill o remove any doub ha his ype o

research consiues a permissible use o unding. I is also worh noing ha hese rid-

ers are unnecessary and duplicious, as hese and oher ederal research insiuions arealready prohibied rom engaging in poliical advocacy under he Hach Ac.49

Permanently hamstringing federal action on guns

No only has he NR succeeded in adding hese provisions ino appropriaions bills, in

many cases hey have succeeded in including language ha gives he provisions uure

eec beyond he period or which unds are being appropriaed. ypically, because

appropriaion legislaion provides unding or a paricular scal year, he presumpion is

ha he provisions conained in hese bills apply only o ha year and are no inendedo be permanen.50 Bu i Congress uses so-called words o uuriy ha indicae he

inen o make he provision permanen, i will be considered permanen law.51

Some o he appropriaions riders discussed above have been made permanen using

such uuriy language, such as he prohibiion on creaing an elecronic daabase o

gun sales records and he requiremen ha records rom naional insan background

checks be desroyed wihin 24 hours.52 Te campaign o make hese riders permanen

coninues even in he mids o he debae over oher gun-relaed legislaive measures.

Te coninuing resoluion being debaed during he week o March 11, 2013, o und

he governmen hrough he end o his scal year includes language making per-

manen he riders prohibiing AF rom requiring gun dealers o keep an invenory,

resricing AFs abiliy o change he deniion o curio and relic rearms, prevening

AF rom denying or revoking a ederal rearms license or lack o business aciviy,

and an addiional rider ha requires AF o include a disclaimer on he conclusions

ha may be drawn rom race daa in any repor. 53 For hose riders ha have been

made permanen, i will no be sucien o simply omi hem rom uure appropria-


12/15


ions bills.54 Insead, armaive language will be needed in he FY 2014 bill o over-

ride he uure eec o many o he riders included in prior budges.

Conclusion

On many occasions he leadership o he NR has claimed o suppor vigorous enorce-men o he gun laws on he books. By way o illusraion, during his recen esimony

beore he Senae Judiciary Commitee, Wayne LaPierre, CEO and execuive vice

presiden o he NR, said, We suppor enorcing he ederal gun laws on he books

100 percen o he ime agains drug dealers wih he guns, gangs wih guns, elons

wih guns. Taha works.55 Despie his rheoric, no organizaion has done more

o inhibi he law-enorcemen uncions o he Bureau o Alcohol, obacco, Firearms

and Explosives and oher ederal agencies han he NR. No oher area o ederal law

enorcemen suers rom so many legislaive barriers o acion. Is ime o sar wih a

clean slae. Is ime or Presiden Obama o lead by delivering o Congress a budge ha

removes hese unnecessary and dangerous riders and cancels he uure eec o ridersincluded in prior budges.

Winnie Stachelberg is the Executive Vice President or External Afairs at the Center or

American Progress. Arkadi Gerney is a Senior Fellow at the Center. Chelsea Parsons is the

Associate Director o Crime and Firearms Policy at the Center.


13/15


Appendix

Budget riders that undermine the federal governments ability to combat gun crime

Type of rider DescriptionAgencies

impacted

Year first

includedFuturity language

Data restriction

Ban on consolidating or centralizing

rearm sales records maintained by

ederally licensed gun dealers

ATF 1979 Yes

Data restriction

Ban on putting records obtained rom

ederally licensed gun dealers when they

go out o business into an electronic,

searchable database

ATF 1996 Yes

Data restriction

Requirement that records o approved

national instant background checks be

destroyed within 24 hours

FBI, ATF 2004 Yes

Agency unctions

Ban on transerring the unctions,

missions, or activities o ATF to another

agency or department

DOJ, ATF 1994 No

Data restrictionBan on disclosing trace data to the pub-

lic, except or annual statistical reportsATF 2007 Yes

Data restriction

Prohibition on trace data being subject

to subpoena or any state license revoca-

tion, civil lawsuit, or other administrative

proceeding, unless led by ATF

ATF 2004 Yes

Data restrictionProhibition on the admission o trace

data in evidenceATF 2005 Yes

Gun dealer oversightBan on requiring ederally licensed gun

dealers to maintain a physical inventoryATF 2004 No

Gun dealer oversight

Ban on denying an application or

renewal or a ederally licensed gun

dealer due to a lack o business activity

ATF 2004 No

Firearms regulations

Ban on amending or changing the deni-

tion o curio or relic or removing a curio

or relic rom the current ATF list

ATF 1996 No

Firearms regulationsBan on denying an application or a per-

mit to import curios or relics rearmsATF 2005 No


Ban on denying an application to import

any model o shotgun because it lacks a

sporting purpose

ATF 2012 No


Ban on requiring an export license or

exporting certain rearms parts or acces-

sories to Canada

ATF 2005 No

Research restriction

Ban on the Centers or Disease Control

and Prevention participating in advocacy

or promotion o gun control

CDC 1996 No

Research restriction

Ban on National Institutes o Health

participating in advocacy or promotion

o gun control

NIH 2011 No

Sources: Consolidated and Further Continuing Appropriations Act, 2012, Public Law 112-55 (enacted November 18, 2011, and continued or scal year 2013 in Public

Law 112-175); Consolidated Appropriations Act, 2012, Public Law 112-74 (enacted December 23, 2011, and continued or scal year 2013 in Public Law 112-175).


14/15


1 Chris W. Cox, Gun Owners Score Wins In Spending Bill(Fairax, VA: National Rie Association, 2012), available athttp://www.nrapublications.org/index.php/12330/political-report-22/.

2 This rider never became law. The bill containing this provi-sion, H.R. 5326, passed the House on May 10, 2012 but did

not advance in the Senate.

3 Oce o Management and Budget, Statement o Admin-istration Policy: H.R. 5326 Commerce, Justice, Science,and Related Agencies Appropriations Act, 2013, May 7,2012, available at http://www.nasa.gov/pd/649178main_saphr5326r_20120507.pd.

4 The White House, Remarks by the President and the VicePresident on Gun Violence, Press release, January 16,2013, available at http://www.whitehouse.gov/the-press-oce/2013/01/16/remarks-president-and-vice-president-gun-violence.

5 Consolidated and Further Continuing Appropriations Act,2012, Public Law 112-55, Division B, Title II (enacted Novem-ber 18, 2011, and continued or scal year 2013 in PublicLaw 112-175).

6 Ibid.

7 Bureau o Alcohol, Tobacco, Firearms and Explosives, FactSheet: National Tracing Center, available at http://www.at.gov/publications/actsheets/actsheet-national-tracing-center.html (last accessed March 2013).

8 Brady Handgun Violence Prevention of Act, Public Law103-159. The NRA and other elements o the gun lobbyhave strongly supported these prohibitions, arguing thatsuch restrictions are necessary to prevent the governmentrom creating a registry o gun owners. The harm in sucha registry, the argument goes, is that it is a precursor tothe targeting o gun owners and conscation o lawullyowned weapons by a tyrannical government bent ondenying people their Second Amendment rights. In thename o preventing this hypothetical doomsday scenarioo a government round-up o gunsa scenario made par-ticularly unlikely in light o the Supreme Courts decisionsin District of Columbia v. Hellerand McDonald v. Chicago andthe act that no government ocial in recent memory hassuggested conscating lawully owned gunsCongress

has made it uniquely dicult or ATF to ulll its mission toassist law-enorcement investigations o gun-related crimes.

9 Sari Horwitz and James V. Grimaldi, ATFs oversight limitedin ace o gun lobby,The Washington Post, October 26, 2010,available at http://www.washingtonpost.com/wp-dyn/con-tent/article/2010/10/25/AR2010102505823_2.html?sub=AR.

10 Bureau o Alcohol, Tobacco, Firearms and Explosives, Factsand Figures, available at http://www.at.gov/publications/actsheets/actsheet-acts-and-gures.html (last accessedMarch 2013).

11 Consolidated and Further Continuing Appropriations Act,2012, Public Law 112-55, Sec. 511 (enacted November 18,2011, and continued or scal year 2013 in Public Law 112-175).

12 18 U.S.C. 923(g)(3)(A).

13 See: NRA of Am., Inc. v. Reno, 216 F.3d 122 (D.C. Cir. 2000).

14 Consolidated and Further Continuing Appropriations Act,2012, Public Law 112-55, Division B, Title II (enacted Novem-ber 18, 2011, and continued or scal year 2013 in PublicLaw 112-175).

15 Consolidated Appropriations Act, 2004, Public Law 108199.


17 Science, State, Justice, Commerce, and Related Agencies Ap-propriations Act, 2006, Public Law 109108.

18 Ibid.

19 The Tiahrt Amendment on Firearms Traces: ProtectingGun Owners Privacy and Law Enorcement Saety, NRA-ILA,January 15, 2013, available at http://www.nraila.org/news-issues/act-sheets/2013/tiahrt.aspx.

20 James V. Grimaldi and Sari Horwitz, Ater gun industrypressure, veil was draped over tracing data,The Wash-ington Post, October 24, 2010, available at http://www.washingtonpost.com/wp-dyn/content/article/2010/10/23/AR2010102303763_2.html.

21 Johns Hopkins Bloomberg School o Public Health, StudyFinds Federal Amendments Increased Gun Sales Divertedto Criminals, News release, January 9, 2012, available athttp://www.jhsph.edu/news/news-releases/2012/webster-milwaukee.html.



24 Consolidated Appropriations Act, 2008.

25 Alan Berlow, Current gun debate may not help beleagueredATF, The Center or Public Integrity, February 11, 2013, avail-

able at http://www.publicintegrity.org/2013/02/11/12155/current-gun-debate-may-not-help-beleaguered-at.

26 18 U.S.C. 923(g)(6).

27 Grimaldi and Horwitz, Ater gun industry pressure, veil wasdraped over tracing data.

28 Consolidated and Further Continuing Appropriations Act,2012, Public Law 112-55 (enacted November 18, 2011, andcontinued or scal year 2013 in Public Law 112-175).

29 Bureau o Alcohol, Tobacco, Firearms and Explosives, FactSheet: FFL Compliance I nspections, available at http://www.at.gov/publications/actsheets/actsheet-f-compliance.html (last accessed March 2013).

30 Berlow, Current gun debate may not help beleaguered ATF.

31 Mike Carter, Steve Miletech, and Justin Mayo, Errant GunDealer, Wary Agents Paved Way or Beltw ay Sniper Tragedy,

The Seattle Times, April 20, 2003; U.S. House o Representa-tives, Committee on the Judiciary Report to Accompany H.R.5092, at 214 (2006).

32 Ted Glanzer, East Windsor Gun Shop Subject o FederalInvestigation, Windsor Locks-East Windsor Patch, December20, 2012, available at http://windsorlocks.patch.com/articles/east-windsor-gun-shop-subject-o-ederal-investigation; alsocondential law enorcement sources.

33 Cox, Gun Owners Score Wins in Spending Bill.

34 Consolidated and Further Continuing Appropriations Act,2012, Public Law 112-55 (enacted November 18, 2011, andcontinued or scal year 2013 in Public Law 112-175).

35 18 U.S.C. 923(a).

36 Consolidated and Further Continuing Appropriations Act,2012, Public Law 112-55 (enacted November 18, 2011, and

continued or scal year 2013 in Public Law 112-175).

37 27 C.F.R. 478.11.

38 Bureau o Alcohol, Tobacco, Firearms and Explosives, Fire-arms Curios or Relics List(U.S. Department o Justice, 2007),available at http://www.at.gov/publications/rearms/curios-relics/p-5300-11-rearms-curios-or-relics-list.pd.

39 Antique Rie Could Be Key In Mannings Murder Case,KOAT-TV, November 2, 2011, available at http://www.koat.com/news/new-mexico/Antique-Rie-Could-Be-Key-In-Manning-s-Murder-Case/-/9153762/6119560/-/item/0/-/asm6i2/-/index.html.

Endnotes
http://www.nrapublications.org/index.php/12330/political-report-22/http://www.nrapublications.org/index.php/12330/political-report-22/http://www.nasa.gov/pdf/649178main_saphr5326r_20120507.pdfhttp://www.nasa.gov/pdf/649178main_saphr5326r_20120507.pdfhttp://www.whitehouse.gov/the-press-office/2013/01/16/remarks-president-and-vice-president-gun-violencehttp://www.whitehouse.gov/the-press-office/2013/01/16/remarks-president-and-vice-president-gun-violencehttp://www.whitehouse.gov/the-press-office/2013/01/16/remarks-president-and-vice-president-gun-violencehttp://www.atf.gov/publications/factsheets/factsheet-national-tracing-center.htmlhttp://www.atf.gov/publications/factsheets/factsheet-national-tracing-center.htmlhttp://www.atf.gov/publications/factsheets/factsheet-national-tracing-center.htmlhttp://www.washingtonpost.com/wp-dyn/content/article/2010/10/25/AR2010102505823_2.html?sub=ARhttp://www.washingtonpost.com/wp-dyn/content/article/2010/10/25/AR2010102505823_2.html?sub=ARhttp://www.atf.gov/publications/factsheets/factsheet-facts-and-figures.htmlhttp://www.atf.gov/publications/factsheets/factsheet-facts-and-figures.htmlhttp://www.nraila.org/news-issues/fact-sheets/2013/tiahrt.aspxhttp://www.nraila.org/news-issues/fact-sheets/2013/tiahrt.aspxhttp://www.washingtonpost.com/wp-dyn/content/article/2010/10/23/AR2010102303763_2.htmlhttp://www.washingtonpost.com/wp-dyn/content/article/2010/10/23/AR2010102303763_2.htmlhttp://www.washingtonpost.com/wp-dyn/content/article/2010/10/23/AR2010102303763_2.htmlhttp://www.jhsph.edu/news/news-releases/2012/webster-milwaukee.htmlhttp://www.jhsph.edu/news/news-releases/2012/webster-milwaukee.htmlhttp://www.publicintegrity.org/2013/02/11/12155/current-gun-debate-may-not-help-beleaguered-atfhttp://www.publicintegrity.org/2013/02/11/12155/current-gun-debate-may-not-help-beleaguered-atfhttp://www.atf.gov/publications/factsheets/factsheet-ffl-compliance.htmlhttp://www.atf.gov/publications/factsheets/factsheet-ffl-compliance.htmlhttp://www.atf.gov/publications/factsheets/factsheet-ffl-compliance.htmlhttp://windsorlocks.patch.com/articles/east-windsor-gun-shop-subject-of-federal-investigationhttp://windsorlocks.patch.com/articles/east-windsor-gun-shop-subject-of-federal-investigationhttp://www.atf.gov/publications/firearms/curios-relics/p-5300-11-firearms-curios-or-relics-list.pdfhttp://www.atf.gov/publications/firearms/curios-relics/p-5300-11-firearms-curios-or-relics-list.pdfhttp://www.koat.com/news/new-mexico/Antique-Rifle-Could-Be-Key-In-Manning-s-Murder-Case/-/9153762/6119560/-/item/0/-/asm6i2/-/index.htmlhttp://www.koat.com/news/new-mexico/Antique-Rifle-Could-Be-Key-In-Manning-s-Murder-Case/-/9153762/6119560/-/item/0/-/asm6i2/-/index.htmlhttp://www.koat.com/news/new-mexico/Antique-Rifle-Could-Be-Key-In-Manning-s-Murder-Case/-/9153762/6119560/-/item/0/-/asm6i2/-/index.htmlhttp://www.koat.com/news/new-mexico/Antique-Rifle-Could-Be-Key-In-Manning-s-Murder-Case/-/9153762/6119560/-/item/0/-/asm6i2/-/index.htmlhttp://www.koat.com/news/new-mexico/Antique-Rifle-Could-Be-Key-In-Manning-s-Murder-Case/-/9153762/6119560/-/item/0/-/asm6i2/-/index.htmlhttp://www.koat.com/news/new-mexico/Antique-Rifle-Could-Be-Key-In-Manning-s-Murder-Case/-/9153762/6119560/-/item/0/-/asm6i2/-/index.htmlhttp://www.koat.com/news/new-mexico/Antique-Rifle-Could-Be-Key-In-Manning-s-Murder-Case/-/9153762/6119560/-/item/0/-/asm6i2/-/index.htmlhttp://www.koat.com/news/new-mexico/Antique-Rifle-Could-Be-Key-In-Manning-s-Murder-Case/-/9153762/6119560/-/item/0/-/asm6i2/-/index.htmlhttp://www.atf.gov/publications/firearms/curios-relics/p-5300-11-firearms-curios-or-relics-list.pdfhttp://www.atf.gov/publications/firearms/curios-relics/p-5300-11-firearms-curios-or-relics-list.pdfhttp://windsorlocks.patch.com/articles/east-windsor-gun-shop-subject-of-federal-investigationhttp://windsorlocks.patch.com/articles/east-windsor-gun-shop-subject-of-federal-investigationhttp://www.atf.gov/publications/factsheets/factsheet-ffl-compliance.htmlhttp://www.atf.gov/publications/factsheets/factsheet-ffl-compliance.htmlhttp://www.atf.gov/publications/factsheets/factsheet-ffl-compliance.htmlhttp://www.publicintegrity.org/2013/02/11/12155/current-gun-debate-may-not-help-beleaguered-atfhttp://www.publicintegrity.org/2013/02/11/12155/current-gun-debate-may-not-help-beleaguered-atfhttp://www.jhsph.edu/news/news-releases/2012/webster-milwaukee.htmlhttp://www.jhsph.edu/news/news-releases/2012/webster-milwaukee.htmlhttp://www.washingtonpost.com/wp-dyn/content/article/2010/10/23/AR2010102303763_2.htmlhttp://www.washingtonpost.com/wp-dyn/content/article/2010/10/23/AR2010102303763_2.htmlhttp://www.washingtonpost.com/wp-dyn/content/article/2010/10/23/AR2010102303763_2.htmlhttp://www.nraila.org/news-issues/fact-sheets/2013/tiahrt.aspxhttp://www.nraila.org/news-issues/fact-sheets/2013/tiahrt.aspxhttp://www.atf.gov/publications/factsheets/factsheet-facts-and-figures.htmlhttp://www.atf.gov/publications/factsheets/factsheet-facts-and-figures.htmlhttp://www.washingtonpost.com/wp-dyn/content/article/2010/10/25/AR2010102505823_2.html?sub=ARhttp://www.washingtonpost.com/wp-dyn/content/article/2010/10/25/AR2010102505823_2.html?sub=ARhttp://www.atf.gov/publications/factsheets/factsheet-national-tracing-center.htmlhttp://www.atf.gov/publications/factsheets/factsheet-national-tracing-center.htmlhttp://www.atf.gov/publications/factsheets/factsheet-national-tracing-center.htmlhttp://www.whitehouse.gov/the-press-office/2013/01/16/remarks-president-and-vice-president-gun-violencehttp://www.whitehouse.gov/the-press-office/2013/01/16/remarks-president-and-vice-president-gun-violencehttp://www.whitehouse.gov/the-press-office/2013/01/16/remarks-president-and-vice-president-gun-violencehttp://www.nasa.gov/pdf/649178main_saphr5326r_20120507.pdfhttp://www.nasa.gov/pdf/649178main_saphr5326r_20120507.pdfhttp://www.nrapublications.org/index.php/12330/political-report-22/http://www.nrapublications.org/index.php/12330/political-report-22/


15/15

40 See: 18 U.S.C. 925(d)(3). In 1989 President George H.W.Bush signed an executive order to prevent the impor ta-tion o rearms and ammunition that are not generallyrecognized as particularly suitable or or readily adaptableto sporting purposes pursuant to the 1968 Gun Control Act.See: Executive Order No. 12,680.

41 Consolidated and Further Continuing Appropriations Act,2012, Public Law 112-55, Section 521 (enacted November18, 2011, and continued or scal year 2013 in Public Law112-175).

42 Consolidated and Further Continuing Appropriations Act,

2012, Public Law 112-55, Section 541 (enacted November18, 2011, and continued or scal year 2013 in Public Law112-175).

43 Consolidated and Further Continuing Appropriations Act,2012, Public Law 112-55, Section 520(a) (enacted November18, 2011, and continued or scal year 2013 in Public Law112-175).

44 Consolidated Appropriations Act, 2012, Public Law 112-74,Section 503 (enacted December 23, 2011, and continued orscal year 2013 in Public Law 112-175).

45 Consolidated Appropriations Act, 2012, Public Law 112-74,Section 218 (enacted December 23, 2011, and continued orscal year 2013 in Public Law 112-175).

46 Mayors Against Illegal Guns, Access Denied: How the GunLobby is Depriving Police, Policy Makers, and the Public othe Data We Need to Prevent Gun Violence (2013), available

at http://libcloud.s3.amazonaws.com/9/c1/6/1017/3/ac-cess_denied.pd.

47 Ibid., p. 1011.

48 The White House, Now Is the Time: The Presidents plan toprotect our children and our communities by reducing gunviolence (2013), available at http://www.whitehouse.gov/sites/deault/les/docs/wh_now_is_the_time_ull.pd.

49 5 U.S.C. 73217326.

50 Government Accountability Oce, Principles o FederalAppropriations Law: Annual Update o the Third Edition,GAO-11-210SP, Oce o the General Counsel, March 2011,available at http://www.gao.gov/special.pubs/appo-

rum2011/d11210sp.pd.

51 Government Accountability Oce, Principles o FederalAppropriations Law: Third Edition, Volume I, GAO-04-261SP,Oce o the General Counsel, January 2004, available athttp://gao.gov/assets/210/202437.pd.

52 SeeAppendix or a list o each appropriations riderdiscussed herein and whether they have been made perma-nent.

53 Government Accountability Oce, Principles o FederalAppropriations Law: Third Edition, Volume I .

54 Government Accountability Oce, Principles o FederalAppropriations Law: Third Edition, Volume I .

55 Jennier Steinhauer, Congressional Committees MakeSome Gun-Rights Provisions Permanent, The New YorkTimes, March 13, 2013, available at http://www.nytimes.

com/2013/03/14/us/politics/gop-senators-add-gun-protec-tions-to-nancing-bill.html?_r=0.
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