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August 6, 2009

Clunkers for Charity


Amendment 2304 to Donate Vehicles Traded In To Poor Families in the Community and to Charities

The “Cash for Clunkers” program (Clunkers) currently requires all vehicle trade-ins to be destroyed and even prohibits the selling of certain car parts like the engine. This is even true for cars that are in great condition and new cars that have low gas mileage. In fact, in a dealership in El Reno, OK, one truck that had to be destroyed had an almost new engine with less than 10,000 miles.

This requirement unfairly hurts the poor and many of the charities that fill an important need in serving the poor.

This amendment would ensure such needless destruction is not required anymore at the expense of the poor and charities and that, instead, traded-in vehicles may be donated to charities and poor families within the community and continue to serve a useful purpose in our society.

Click here for additional background information.

Read the Lutheran Services in America letter of support here.

Click here to view the amendment text. 





August 4, 2009

Coburn Amendments to the Agriculture Appropriations Bill


The Agriculture appropriations bill provides significant spending increases at a time when our country faces grave fiscal challenges.

Total Spending
FY 2010- $124.2 billion (14.5% increase over FY 2009)
FY 2009- $108.1 billion (20.8% increase over FY 2008)
Stimulus- $26.5 billion
FY 2008- $90.7 billion

Discretionary Spending
FY 2010- $23.3 billion
This represents a 12.7% increase over FY 2009 discretionary spending.

Mandatory Spending
FY 2010- $100.8 billion
This is a 15% increase over FY 2009 mandatory spending.

Amendment 2243-Stimulus Double Dipping
Programs in this bill received more than $26 billion in the 2009 Stimulus legislation. Many of these programs are now receiving another full annual appropriation for FY 2010 only a few months later. In some cases, certain programs and accounts will have received the equivalent of three years' appropriation when totaling funds from FY 2009 appropriations, the Stimulus, and now the FY 2010 appropriation.

Amendment 2244-Digital Television Funding Elimination
The transition from analog to digital broadcasting is largely complete and entirely complete among high-powered broadcasters. Transition assistance is currently being addressed by at least three existing federal initiatives. The President, in his FY 2010 Budget, proposed to eliminate USDA's Rural Development Public Television Grant Program, because it is duplicative of these existing efforts. This amendment would save taxpayers $4.9 million and streamline federal initiatives to address the digital transition.

Amendment 2245-Specialty Cheese 
The bill provides $3 million to support development and expansion of the specialty cheese industry, of which $2 million is directed to Wisconsin and $1 million to Vermont. Specialty and Artisanal cheese has become popular in the United States. This growing popularity reflects the quality of cheese production and underscores the fact that government intervention or interference is not needed for the success of this growing industry. This amendment would eliminate funding for specialty cheese and save taxpayers $5 million.

Amendment 2246-USDA Conference Spending
In 2001, USDA spent $6 million on conferences. Within five years, this amount more than tripled to $19 million in 2006. This amendment would cap the amount spent on conferences by USDA at $12 million next year, which is twice the amount spent in 2001 but million less than what the Department has been spending every year since. This amendment will ensure USDA has more than enough funds to pay for gatherings and meetings while ensuring that more federal resources are available for our nation's agriculture priorities.

Amendment 2247/2248-Competitive Bidding
The federal government awards hundreds of billions of dollars annually in contracts and grants. It is becoming a common practice for agencies and Congress to bypass the federal process for competitively awarding contracts and grants. During his campaign for President, Barack Obama pledged to change the way Washington spends taxpayers' money, in part, by eliminating no bid contracts. This amendment would require that all grants and contracts (and earmarks-#2247) awarded under this act be competitively bid. This amendment would ensure that members of Congress and the federal government are good stewards of taxpayer dollars and support the President in his efforts to eliminate no-bid contracts.

Read Dr. Coburn's oversight report on the USDA's Wasteful Conference Spending here.





July 29, 2009

Coburn's 2010 Energy and Water Appropriations


FY 2010 Energy and Water Appropriations

Total Spending: $34.27 billion
This is a 3.1% increase over the FY 2009 regular appropriations spending level.
In FY 2009, the Energy and Water appropriations bill provided a 7.7% increase over the FY 2008 level.

The bill funds 770 earmarks, costing $976.5 million.

Dr. Coburn filed the following amendment to the legislation:


Reducing DOE Energy Usage
Amendment 1879 – To reduce the appropriation for Departmental Administration of the Department of Energy so that the Department can set an example for all Americans by reducing unnecessary energy usage

The Department of Energy is designated as the lead federal agency for energy efficiency efforts. In this role, the Department coordinates energy efficiency efforts for all federal agencies, and also it is also the primary outlet for federal energy efficiency programs and enforcement for the private sector. Despite this central role, the Department is the largest consumer of energy among all federal civilian agencies (excluding the postal service) and unlike most other agencies, has actually increased its energy usage in the most recent reporting period.

The Department of Energy’s Inspector General found at least $13.8 million in wasted energy costs due to inefficient technology and poor temperature controls at the agency. This amendment would reduce administrative funds at the Department of Energy by $13.8 million in order to encourage them to lead by example in reducing their energy usage.

Click here for additional background information. 

Competitive Bidding
Amendment 1884 – Requires all contracts, grants awarded under this act be competitively bid.
This amendment would require all contracts and grants awarded under this act to be competitively bid.

Click here for additional background information. 

Presidential Terminations
Amendment 1883 – To support the President’s effort to reduce unnecessary government spending by eliminating funding for waste water environmental infrastructure projects the Administration has proposed for termination.

President Obama has called for eliminating “Environmental Infrastructure Construction” funded by the Corps (sewage and wastewater projects). According to his calculations, eliminating these projects would result in a savings of $180 million. This amendment would support the President’s budget and his efforts to reign in government spending by eliminating funding in the bill for environmental infrastructure projects and transferring the savings to the account for Flood Control and Coastal Emergencies, which provides funds for preparedness activities for natural and other disasters, response, and emergency flood fighting and rescue operations, hurricane response, and emergency shore protection work.

Amendment 1881 - To support the President’s effort to reduce unnecessary government spending by eliminating the Los Alamos Neutron Science Center Refurbishment project, which the Administration has proposed for termination.

In his FY 2010 budget, the President proposed terminating the Los Alamos Neutron Science Center Refurbishment (LANSCE) project in New Mexico stating its mission has largely been completed, and it no longer plays a critical role in scientific research.

This amendment would support the President’s budget and his efforts to reduce federal spending and eliminate the funding for this project, which the Administration has argued “is mostly used by organizations outside of NNSA who do not pay the full costs of its operations, [and as such] Operational costs must be subsidized by the National Nuclear Security Agency (NNSA).”

Amendment 1882 – To support the President’s effort to reduce unnecessary government spending by eliminating funding for low-performing Corps construction projects.

President Obama has called for eliminating “Low Performing Corps Construction Projects.” According to the Administration, eliminating these projects would result in a savings of $244 million. This amendment would support the President’s budget by reducing the Corps general construction account by $244 million in order to ensure that low-performing Corps construction projects are not funded this year.

Amendment 1880 — To support the President’s effort to reduce unnecessary government spending by reducing funding the Nuclear Power 2010 demonstration program, which the Administration has proposed for termination.

In his FY 200 budget, the President proposed terminating the Nuclear Power 2010 demonstration program, stating that the “program has largely accomplished its intended purpose to help industry overcome regulatory uncertainties,” and citing severe cost overruns. The President’s budget provides the program with $20 million “as a final contribution to this cost-shared effort with industry, which was announced in 2002.”

However, this bill funds the program at $120 million, a $100 million increase over the President’s request. This amendment would limit funding the Energy and Water appropriations bill to for the Nuclear Power 2010 demonstration program to $20 million, as requested by the President.

Public Disclosure of Reports Required in the Appropriations Bill
Amendment 1878 — To require the public disclosure of reports required in the appropriations bill


This amendment would require that any report required to be submitted by a federal agency or department to the Committee on Appropriations of either the Senate or the House of Representatives in an appropriations act be posted on the public website of that committee upon receipt by the committee.





July 9, 2009

Coburn Letter to Budget Director on Stimulus Performance Metrics


Dr. Coburn recently sent a letter to Peter Orszag that asks the administration to explain the specific performance measurements and outcomes that the administration has established for each American Recovery and Reinvestment Act (ARRA) program being implemented.  Click here to view the entire letter.



Related Resources:

Files:






July 7, 2009

HOMELAND SECURITY APPROPRIATIONS


 Total Spending: $44.28 billion

The Department of Homeland Security (DHS) appropriations bill provides a 7 percent increase for the agency over the FY 2009 spending level.

In FY 2009, DHS received a 6.2 percent increase over FY 2008.
In FY 2008, DHS received a 23.2 percent increase over FY 2007.

The DHS appropriations bill contains 23 congressional earmarks, costing $156 million.
The bill also contains 8 earmarks requested by the president, costing $160 million.

To view a map of the United States with each earmark plotted on the map, click here

Dr. Coburn's Amendments to the Homeland Security Appropriations bill:

1. Amendment ___ – Requires all contracts, grants awarded under this act be competitively bid.
This amendment would require all contracts and grants awarded under this act to be competitively bid. 

Click here for additional background on the amendment

2. Prohibit the Payment of Bonuses to Government Contractors for Poor Performance

Taxpayers are outraged that in a time of economic crisis where working families are losing their jobs and making hard choices about how they spend their money, the federal government continues to pay out bonuses and award fees for contractors who perform unsatisfactory work.

This amendment would prohibit DHS from paying out bonuses to government contractors that have failed to complete their contract work in a satisfactory manner.

The federal government has awarded billions of dollars of examples unwarranted federal bonuses over the past decade.

The Department of Homeland Security could save taxpayers millions of dollars every year by linking award fees to outcomes and adding transparency to how federal bonuses are awarded.

Click here Bonus Fee amendment background





July 6, 2009

Coburn Raises Constitutional Point of Order Against Lone Earmark in Legislative Branch Approps Bill


Legislative Branch Earmark— $200,000 for the Durham Museum in Omaha, Nebraska

The Legislative Branch Appropriations Bill provides $200,000 for the Durham Museum Photo Archive Project, located in Omaha, Nebraska.

The earmark was requested by the Chairman on the Senate Legislative Branch Appropriations Subcommittee and is the only earmark included in the legislation.

Specifically, the legislation provides $200,000 to the Durham Museum in Omaha, Nebraska through the Library of Congress’ salaries and expenses account, “for the purpose of preserving, digitizing and making available historically and culturally significant materials related to the development of Nebraska and the American West.”

According to the Committee Report, the earmark is for the “Durham Museum Photo Archive Project.”

According to its website, the Durham Museum Photo Archive Project “contains nearly 500,000 images that document the fascinating history of Omaha from its early days as a young frontier town to a unique and sophisticated city. Bustling urban scenes, grand architecture, tranquil views of parks, as well as images of Omaha’s notable personages and events are well preserved on film.”

The citizens of Omaha certainly have the right to fund this photo project with state and local resources, but providing federal funding for the Nebraska project is clearly outside the scope of the Legislative Branch Appropriations bill, which is intended to fund the daily operations of Congress located here in Washington, DC.

In 2007, the Durham Museum reported to the IRS that it had nearly $11 million ($10.917 million) in net assets at the end of the year. It is unclear why the federal government, which is currently facing an $11 trillion national debt and a $1.8 trillion deficit in 2009, would provide $200,000 for a photo project at a museum with millions of dollars in cash on hand.

Not only does an earmark for a local museum photo archive project not belong in this particular piece of legislation, but it also violates the Constitution of the United States and should not be funded by the federal government.

Article 1, Section 8 of the Constitution, known as the enumerated power clause, lists the specific law making powers granted to Congress. Nowhere in Article 1, Section 8 does it say that Congress has the power to provide money for a photo archive benefitting only a few select individuals in a particular region of the country.

Article 1, Section 9 of the Constitution grants Congress the power to appropriate federal money. Unfortunately, many proponents of directed federal dollars to state and local projects use this clause as a justification for any and all spending approved by Congress, and fail to consider other clauses of the Constitution that restrict Congress lawmaking prerogatives.

The Tenth Amendment of the Constitution clarifies even further, that “powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” In other words, this document, the Constitution, does not specifically give a power to Congress, then that power is reserved for the states or the people.

The Omaha earmark is unconstitutional according to Enumerated Powers as set out in Article I, Section 8.

Article I, Section 8 limits Congress’ power by listing a select number of powers in which Congress can act. Reviewing the enumerated powers in Article I, Section 8, there is no justification for this earmark.

The predominant view of the enumerated powers during and after the ratification of the Constitution was that spending could occur for the national general welfare as qualified and limited by the enumerated powers that followed in Article I, Section 8. Madison and Jefferson were the most notable proponents of this view.

Alexander Hamilton advanced the broader and less accepted view that the General Welfare Clause could stand independently as an authorization for congressional spending as long as the spending was for nationally applicable purposes, not for purposes with a purely local or regional benefit.

Whether the Senate accepts the Madison-Jeffersonian view or the Hamiltonian view, this earmark should not be adopted.

Madison, Veto message 1817---“To refer the power in question to the clause “to provide for common defense and general welfare” would be contrary to the established and consistent rules of interpretation, as rendering the special and careful enumeration of powers which follow the clause nugatory and improper.”



July 6, 2009

Coburn Amendment puts Senate Expenditures Online


The amendment requires the budget expenditures of every Senate office to be posted on-line in a publicly searchable format.

The Legislative Branch appropriations bill provides billions of taxpayer dollars to fund the day to day operations of Congress, including both the House of Representatives and the Senate. Unfortunately, much of the information on how Congress spends its budget is not currently available on-line for the public to review.

To remedy this, Speaker Pelosi has initiated an effort to post House expenditures on-line. However, despite the fact that the Secretary of the Senate publishes a biannual report detailing Senate office expenditures, the Senate has yet to post this information on-line as a first step toward transparency and accountability to taxpayers for how it spends their money.

Without requiring any additional burdensome reporting requirements, this amendment would require the Secretary to post on-line, all expenditures by every Senate office, in a searchable format, within 60 days after the publication of the biannual expenditures report. In addition, the Secretary would no longer be required to print bound copies of the report, which would lead to savings in printing costs. Click here to read the entire background.





June 16, 2009

Dr. Coburn Releases Stimulus Oversight Report


Senator Tom Coburn released a new report identifying 100 questionable stimulus projects. By offering 100 examples of questionable stimulus projects, worth $5.5 billion, this report does not attempt to prove that the stimulus is not working. Rather, the intent is to educate taxpayers, policymakers and the media on lessons that can be learned from some of the early missteps and prevent other questionable projects from moving forward. (Direct link to report)

As Congress debated the stimulus bill in February, there were significant concerns that billions of dollars would be wasted and the bill was rushed to passage without a single member of Congress reading it. This waste is troubling both for its short-term failure to put Americans back to work and for its long-term fiscal impact on the nation. Our current national debt exceeds $11 trillion and the Congressional Budget Office projects more than $1 trillion will be added per year to it for the next decade, in large part due to stimulus spending.

Top Ten Projects:

  1. “Free” Stimulus Money Results in Higher Utility Costs for Residents of Perkins, Oklahoma 
  2. FutureGen: The Stimulus Earmark that Wasn’t, Becomes the Costliest Pork Project in History 
  3. Little-Used “Shovel-Ready” Bridges in Rural Wisconsin Given Priority Over Widely Used Structurally Deficient Bridges 
  4. $800,000 for little-used Johnstown, Pennsylvania airport to repave a back-up runway; the “Airport for Nobody” Has Already Received Tens of Millions in Taxpayer dollars 
  5. $3.4 Million for Wildlife “Eco-Passage” in Florida; Project Still May Take Years to Finish 
  6. Nevada Non-Profit Gets Weatherization Contract After Being Fired For Same Work 
  7. Non-Existent Oklahoma Lake in Line for Over $1 Million To Construct a New Guardrail 
  8. Taxpayers Taken for a Ride: Nearly $10 Million to be Spent to Renovate a Century Old Train Station that Hasn’t Been Used in 30 Years 
  9. Ten Thousand Dead People Get Stimulus Checks, Social Security Administration Blames a Tough Deadline 
  10. Town of Union, New York, Encouraged to Spend Money It Did Not Request For a Homelessness Problem It Does Not Have

Click here to read an update following the release of the report.



Related Resources:

Further Readings:






June 2, 2009

Coburn Amendments to the Family Smoking and Prevention Act


Amendment 1225: Requires the Food and Drug Administration to regulate state-legalized marijuana in the same manner as other drugs marketed for medical purposes, as well as marijuana products intended to be consumed as a cigarette in the same way the underlying bill regulates tobacco. Also applies the “Synar Amendment” to marijuana—current law which requires States to take action against retailers that sell tobacco to minors.

Click here for additional background information on amendment 1225.

Amendment 1226: Requires GAO to perform an independent study of FDA’s tobacco regulatory activities to determine their effectiveness. Specifically, this amendment would require GAO to assess whether the express goals of this legislation are being accomplished. 

Click here for additional background information on amendment 1226.

Amendment 1227: This amendment expands on the provision in this bill that applies these regulations to Indian Tribes and eliminates a provision that would restrict the Secretary’s ability to impose “no-sale” determinations on non-complying tribal retailers.

Click here for additional background information on amendment 1227.





May 12, 2009

Coburn Gun Amendments 1067 and 1068


Coburn Amendments 1067 and 1068, both of which are currently pending to Credit Cardholders' Bill of Rights Act, would ensure that law-abiding visitors to National Park Service (NPS) and U.S. Fish and Wildlife Service (FWS) public lands can possess firearms in accordance with federal, state, and local law.

• Congressional Leadership Have Blocked Consideration of This Measure Repeatedly for Purely Partisan Political Reasons

• Gun Bans On Federal Property Were Enacted By Unelected Bureaucrats Without The Authority Of Congress

• No Other Federal Land Agency Has Enacted Anti-gun Rules Similar To The National Park Service and Fish and Wildlife Service

• This Legislation Will Protect Law-abiding Citizens Without Threatening Natural Resources Or Wildlife


For decades, regulations enacted by unelected bureaucrats at the National Park Service (NPS) and the U.S. Fish and Wildlife Service (FWS) have prohibited law abiding citizens from possessing firearms on some federal lands. The enactment of these rules pre-empted state laws, bypassed the authority of Congress, and trampled on the Constitutional rights of law abiding Americans guaranteed by the 2nd Amendment of the U.S. Constitution.

This legislation enables Congress to belatedly weigh in on this important matter.

This legislation would ensure state gun laws and citizens’ Constitutional rights are honored on federal lands by prohibiting the Department of Interior from creating or enforcing any regulations prohibiting an individual, not otherwise prohibited by law, from possessing a firearm in national parks and wildlife refuges in compliance with and as permitted by state law.

This legislation would prohibit federal bureaucrats, activist judges, and special interest groups from infringing on the right for law-abiding Americans to defend themselves and their families in national parks and refuges. This legislation does not affect current hunting and poaching rules in national parks and refuges.

While the Department of the Interior (DOI) finalized regulations permitting the possession of firearms in national parks and refuges in accordance with state law over a one-year time period, several anti-gun groups have successfully sued[1] the Department of the Interior to prevent this rule from being implemented for the time being.[2]

An activist judge blocked the final gun-in-parks rule because the Bush Administration did not conduct an environmental impact analysis of the rule change. Such an analysis was not conducted because the rule change neither authorized the discharging of conceal carry weapons, nor the poaching of animals.

DOI decided not to appeal this ruling, and is, instead, conducting a lengthy environmental review before it makes a final determination on the rule change.[3]

Even if this rule, allowing visitors to carry concealed firearms in accordance with state law, is reinstated, future Administrations or activist judges could repeal these regulations without Congressional approval. Unelected bureaucrats and judges should not continue to have the ability to revoke a constitutional right of law-abiding Americans. Passing this legislation will help ensure that such a comprehensive gun ban may never again be enacted by unelected officials.


Congressional Leadership Inappropriately Blocked Consideration of This Measure Repeatedly

Members of Congress have repeatedly attempted to bring up this measure for a clean, fair vote. Unfortunately, Congressional Leadership has gone to extreme lengths to avoid having a straight up-and-down vote on this measure.

On December 19, 2007, Majority Leader Reid entered into the record the following unanimous consent agreement:

“UNANIMOUS CONSENT AGREEMENT--S. 2483 -- (Senate - December 19, 2007)”

“Mr. REID. ‘Mr. President, I ask unanimous consent the Senate proceed to Calendar No. 546, S. 2483 , the energy lands bills, at a time to be determined by the majority leader, following consultation with the Republican leader, and that when considered, it be considered under the following limitations: that the only amendments in order be five related amendments to be offered by Senator Coburn; that upon disposition of all amendments, the bill be read a third time, and the Senate proceed to vote on passage of the bill.’

“The ACTING PRESIDENT pro tempore. ‘Without objection, it is so ordered.’”[4]

This agreement permitted five related amendments to an omnibus bill that included dozens of bill that modified national park service lands. The parliamentarian ruled legislation allowing for firearm possession in national parks in accordance with state and federal law was related and in compliance with Senator Reid’s requirement. Instead of honoring this agreement, however, the Majority Leader pulled the entire bill from the floor and reintroduced a nearly identical measure to technically “honor” the unanimous consent agreement without allowing for a vote on related firearm legislation.[5]

Repeated attempts to bring this bill to the new bill were thwarted. Consequently, a version of this bill was included at a Senate Energy and Natural Resources Committee markup along with a package of lands bill. This amendment was adopted as a stand-alone measure by an 18-5 vote[6] with the understanding that this bill would be included with the package of lands bill approved during the same markup. Despite a letter signed by five Senators on the Committee asking the chairman of the committee, “to honor this agreement and the bipartisan will of the Committee by including S. 3499 in the Omnibus Public Land Management Act of 2008,”[7] this measure was excluded yet again.

When Members of the House of Representatives were close to forcing consideration of the Protecting Americans from Violent Crime Act as an amendment to this year’s Omnibus Public Land Management Act of 2009 (almost identical to the 2008 bill), Democratic leadership in the House and Senate coordinated to pull the bill from the floor in the House and add the entire bill in the Senate as a replacement to a previously passed House bill on designating a battlefield as a historic site. While Democratic leadership in the Senate had already managed to block a vote on the Protecting Americans from Violent Crime Act, by enacting this maneuver, the House leadership was also able to block any amendments from being considered in the House.[8]

Last attempts to add firearm legislation to the Omnibus Public Land Management Act of 2009 proved unsuccessful.

This amendment seeks to finally ensure a vote and passage of this legislation.

Gun Bans On Federal Property Were Enacted By Unelected Bureaucrats Without The Authority Of Congress

In 1936 the National Park Service (NPS) established regulations banning firearms in national parks. These regulations were updated in 1983 to allow for guns to be transported through national parks if they were unloaded and stored in the trunk of cars.[9]

In 1976 the U.S. Fish and Wildlife Service (FWS) established similar regulations for federal refuges. These regulations were last updated in 1981.[10]

Congress has never endorsed or debated these gun bans.

Unfortunately, however, state laws permitting concealed carry of firearms were not recognized on federal land managed by NPS and FWS. Americans on these lands could not possess a loaded firearm in or on a motor vehicle, a boat or vessel except in specific circumstances. Firearms could only be transported in or on a motor vehicle, boat or horse if they were rendered temporarily inoperable, or packed, stored or cased in a manner that prevented their ready use.[11]

The penalties for violating the gun prohibition included a fine of $5,000 and six months in prison.

In addition to criminalizing law abiding citizens for exercising their constitutional rights, these regulations exposed the great threat of bureaucrats overstepping their authority – a threat that still exists.

These regulations and the corresponding penalties were established without any Congressional mandate or legislative approval.

It is troubling that government bureaucrats, single-interest groups, and activist judges could take away the rights of law abiding citizens guaranteed by the federal Constitution on federal property and without the consideration of the federal representatives of the people. The Supreme Court recently ruled that a complete ban on firearms is unconstitutional, yet federal bureaucrats have managed to completely ban firearms for over 70 years on all 83.6 million acres[12] of national park lands and for over 30 years on all 90.79 million acres[13] of FWS lands, except for hunting purposes.

A handful of unelected and unaccountable bureaucrats and judges should not possess the ability to overstep the authority of the U.S. Congress, the Supreme Court, or the U.S. Constitution. “There was no legislative process – [NPS and FWS] bureaucrats arbitrarily terminated this Constitutional right.”[14]

No Other Federal Land Agency Has Enacted Anti-gun Rules Similar To The National Park Service and Fish and Wildlife Service

As a spokesman for the Department of the Interior pointed out in a press release,[15] both the Bureau of Land and Management (BLM) and the U.S. Forest Service (FS) allow for the law of the state in which the federal property is located to govern firearm possession.

FS and the BLM have not experienced any difficulties as a result of allowing firearm possession.[16]

According to the BLM, “Laws and reg[ulation]s pertaining to concealing and carrying firearms are within [states’] jurisdiction and we only enforce them on public land if we have state authority by way of a local agreement. The BLM has some regulations on the use of firearms that pertain to specific areas, such as recreation sites and other areas that may be closed to shooting (but that does not make it illegal to possess a firearm in those areas).”[17]

If other land preservation agencies never had to enact regulations infringing on the second amendment – including one agency within the Department of the Interior – why did NPS and FWS, which are both within the Department of the Interior?

This Legislation Will Protect Law-abiding Citizens Without Threatening Natural Resources Or Wildlife

According to NPS and FWS, prohibiting citizens to carry legally-owned and registered firearms was necessary to prevent the poaching of animals living on NPS and FWS lands.[18] Anti-gun groups sued the Department of the Interior to repeal the implementation of the finalized rule change, claiming in part that overturning the gun ban will compromise the safety of humans and animals.[19]

The Department of Justice argued against the lawsuit, pointing out that the new rule “does not alter the environmental status quo, and will not have any significant impacts on public health and safety.”[20]

This legislation will likewise not enable or permit illegal hunting of animals on these lands. Other NPS and FWS regulations specifically governing illegal hunting will remain in place, ensuring that poaching will still be illegal.[21]

It will also not authorize the discharging of firearms or target practice in these natural reserves.

Proponents of these extreme gun restrictions have also claimed that the unconstitutional regulations are a necessary law enforcement tool against poaching and other crimes. They reason that if guns are outlawed in parks and refuges, law enforcement can use the possession of a firearm to prosecute would-be poachers.

In addition to the fact that the Second Amendment was not recognized by our founders to give law enforcement officers in national parks and refuges an additional tool to eliminate poaching, the fact that both BLM and FS have not “required” these additional regulations further proves these anti-gun regulations are unnecessary.

As the former Department of the Interior Secretary Dirk Kempthorne points out, “Since the [proposed federal regulations similarly] maintain existing prohibitions on poaching and target shooting, and carrying weapons in federal buildings, [it] would not cause a detrimental impact on visitor safety and resources.”[22]

This legislation would not void state and local laws that prohibit the possession of fire arms and do not provide state residents with conceal and carry permits. National monuments would still be governed by U.S. law that prohibits the possession of firearms at federal facilities,[23] and visitors to national parks in states with no conceal and carry laws would be required to follow state law.

By passing this bill, the Senate will be voting to increase the safety of families and discourage criminals from taking advantage of vulnerable families on federal lands managed by the Department of the Interior. Congress will also finally ensure that elected representatives, instead of federal bureaucrats, determine Second Amendment policies in this instance.