Senate Democrats see an opportunity to get rid of a decades-old spending policy rider that critics say has chilled research into gun violence.
Senate Democrats are now negotiating with GOP leadership on how to move forward with gun legislation and what measures could be considered as amendments to a bipartisan bill to improve a national background check system. Some Democrats have said repealing the Dickey Amendment, which prohibits federal funding from going towards studies that promote or advocate gun control research, is among the topics under discussion.
“I want the Dickey Amendment repealed, and we can do that as one of the amendments in the floor or through the appropriations process,” said Sen. Chris Murphy, D-Conn., who is negotiating with GOP leadership.
Sen. Patty Murray, D-Wash., also said that a repeal of the amendment is being considered.
“We haven’t decided a whole package if there is a package but that is certainly part of the discussion,” she said.
Sen. Ron Wyden, D-Ore., added that the Senate ought to be “getting rid of this anti-science, anti-research Dickey proposal.”
Murphy and Sen. John Cornyn, R-Texas, are sponsors of a bill to improve the National Instant Criminal Background Check System, called the Fix NICS Act. The background check system is used to determine whether someone is eligible to buy a firearm.
Cornyn told reporters Tuesday that Fix NICS could serve as a base bill to be considered in the Senate.
“One idea would be a consent agreement which would allow voting on four or five measures,” Cornyn said.
What those four or five measures are remain unclear. When asked by reporters if a vote on overturning the Dickey Amendment could be one of those measures, Cornyn responded that “it would have to be negotiated.”
The Dickey Amendment was added as a rider to a spending bill in 1996 that said the Centers for Disease Control and Prevention could not use any federal funding for research that advocates or promotes gun control. It is named after former Rep. Jay Dickey, R-Ark., who said before his death that he regretted pursuing the legislation.
However, new Health and Human Services Secretary Alex Azar backs gun violence research. Azar told a House panel two weeks ago that the amendment doesn’t impede its ability to do research.
Murray wrote in a letter to Azar on Tuesday that the agency should pursue research on the subject.
“While the Dickey Amendment may prohibit advocacy, it does not prohibit objective, evidence-based research,” Murray wrote. “Nonetheless, public health research into gun violence remains woefully inadequate.”
It remains unclear whether the Senate will bring up Fix NICS or any other gun bill as a date to do so has yet to be announced.
Senate Minority Leader Chuck Schumer is calling for more than the Fix NICS bill. For instance, he wants at least universal background check legislation to expand screening requirements on gun purchases to gun shows and Internet sales.
Murphy hinted that repealing the Dickey Amendment could be done through appropriations, but a top House Republican was skeptical.
The amendment could be stripped from a two-year spending deal called an “omnibus” Congress is expected to pass next month. However, Rep. Tom Cole, R-Okla., said he would be worried about taking out the amendment from the current omnibus since it could imperil its passage.
“I don’t want to start a big fight over gun control in a $1.2 trillion bill,” said Cole, who sits on the House Appropriations Committee and is a member of the House whip team.
Cole added that there is an opportunity to address the amendment in the next spending bill.
“CDC or NIH can do ahead the research,” Cole said. “They just can’t be in the position of advocating for gun control.”
