I appreciate the Judiciary Committee's invitation to speak today. I am please that the Committee is interested in finding ways to enhance the effectiveness of the National Instant Criminal Background Check System (NICS). This hearing is a step in the right direction.

As most of us are well aware, the NICS system was created following passage of the Brady Handgun Violence Prevention Act of 1993. Pursuant to this Act, the Attorney General was charged with establishing a National Instant Criminal Background Check System that any Federal Firearms Licensee (FFL) could contact for immediate information on whether the receipt of a firearm would violate state or federal law.

The Clinton Administration has spent 7 years and hundreds of millions of dollars to create a system to screen firearms purchases. In FY 2000, the NICS system's operating budget was roughly $70 million. Unfortunately, after the Government spent millions of dollars and worked for years to establish this system, there are still many flaws with this process.

While the NICS system is designed to screen perspective firearms buyers, I have many questions about its effectiveness. Recently, the General Accounting Office (GAO) completed a comprehensive audit that I requested regarding the NICS system. The GAO audit detailed the effectiveness of the NICS system for its first year -- from November 30, 1998 through November 30, 1999. The agency found that while the program does an adequate job in achieving some of its goals there are various areas that must be fixed, including:

+Unscheduled outages of the NICS System

+ For example, each and every time the National Instant Criminal Background Check System goes off-line Federal Licensed Firearms Dealers around the country are unable to do business.

+The GAO reported that, "From December 1998 through September 1999, the FBI identified more than 360 unscheduled outages associated with NICS."

+The system failed to meet its operating accountability standards two-thirds of the time.

+The lack of any credible back-up system.

+The GAO also found that from December 1998 through November 1999 1.2 million, or 28 percent, of all federal firearm checks were not instant.

Mr. Chairman, the GAO report paints a sobering picture of a failure by federal agencies to enforce existing gun laws as Congress intended. The result is that the Second Amendment rights of law abiding citizens are being infringed upon while too often criminals seep through without consequence.

While the Clinton Administration continues to publish reports highlighting the effectiveness of the NICS program, these reports fail to touch upon the lack of enforcement and prosecution of existing gun laws.

Take for example a recent Bureau of Justice Statistics Bulletin titled "Background Checks for Firearm Transfers, 1999." This publication does a wonderful job of breaking down the number of individuals who have been blocked from purchasing firearms from licensed dealers -- for instance in 1999:

+Under a federal background check 81,000 individuals were denied the ability to purchase firearms (71 percent due to a felony indictment or conviction) yet in another Bureau of Justice Statistics Special Report titled, "Federal Firearm Offenders 1992-1998" it states that in 1999 there were only 7,146 defendants charged in U.S. District courts with a firearm offense.

The real question for the Administration is why are they so pleased that 81,000 individuals were denied the ability to purchase a firearm when more importantly there were only 7,146 defendants charged with a firearms offense? I believe the American public will find it interesting that the FBI and ATF have the name and address of these felons who were denied the ability to purchase a firearm, yet there is only a dismal 11.3% chance of getting them prosecuted.

Furthermore, federal prosecutions of firearms offenders have fallen 13 percent compared to 1992. In its last full year, the Bush-Quayle Administration prosecuted 7,621 defendants charged with a firearms offense. In 1997, prosecutions under the Clinton-Gore Administration fell to 5,993. The Clinton-Gore Administration has prosecuted an average of 6,659 accused firearms offenders per year -- a 13 percent drop from 1992.

As we continue our oversight of current gun control laws, if it's found that criminals still get guns and a high number of legal gun purchases are denied, you have to question the effectiveness of additional layers of gun regulations. It is important to recognize that if this program is to be effective there must be meticulous reporting, investigation and prosecution of individuals that are screened by the FBI.

It is my hope that the Judiciary Committee will be able to work with the FBI to reduce the frequency of NICS outages and make the system more effective. Thanks again for allowing me the opportunity to appear before you today.