mr. chairman , i move to strike the last word . 
mr. chairman , this amendment eliminates the 5-year mandatory minimum for failing to properly register and the 5-year mandatory minimum for falsifying registration information , with the possibility still of 20 years . 
the amendment keeps the 20-year maximum for both crimes and leaves it to the sentencing commission and the courts to determine the gradations of seriousness and the punishment for violations based on the facts and circumstances of the violation . 
it is absurd that misdemeanants and other minor offenders who get a suspended sentence for a crime that was committed 15 years ago could get a 5-year mandatory minimum sentence for a technical violation of a registration requirement such as showing up at 5 : 30 on the last day of registration when the office closed at 5 o'clock or failing to register the fact that they are in a community college that has different sites . 
do they have to register everywhere they might take a class or just the main registration place for the community college ? 
or if they work in construction , if they register at the home office of the construction company , do they also have to register at each location where they are doing construction ? 
if they guess wrong , 5 years mandatory minimum , no discretion on the part of the judge . 
are our children going to be safer or less safe if an offender knows that he is in technical violation ? 
if he shows up to register after he has been in technical violation , he knows he is looking at a 5-year mandatory minimum . 
is he going to show up or not ? 
mr. chairman , it is also absurd that an offender would be sentenced to a minimum 5 years for giving a technically false statement regarding this registration when , under the same section of the law , there is a maximum of 8 years , no minimum sentence , for either making a false statement in connection with international or domestic terrorism . 
a false statement on terrorism , 8 years maximum , no minimum ; technical violation on registration , 5 years mandatory minimum , 20 years possibility . 
again , this amendment retains the 20-year maximum for cases such as those cited by the chairman , but it allows common sense in determining which offenders would get what sentence for what violations . 
we have been told by the sentencing commission and the judicial conference time and time again that mandatory minimum sentences violate common sense . 
for someone who deserves the time , the mandatory minimum has no effect because they will get the time . 
for those who do not deserve the time , that violates common sense . 
they will get that time anyway . 
in everyday experiences judges can see differences , great and small , in the facts and circumstances in the cases before them . 
the name of the crime is often a poor indicator of the facts and circumstances of the crime . 
so it makes sense to have a rational assessment by one who has heard and seen the evidence and facts and circumstances of the case making the appropriate decision within the guidelines set by the sentencing commission relating to the gradations in seriousness of the crime and the other characteristics . 
that is why we set up the sentencing reform act that set up the sentencing commission , and these mandatory minimums obviously violate that entire system . 
of course , under the federal system , the ones who will primarily be affected will be native americans because they try all their cases in federal courts ; and it is unfair to them and unfair to common sense where identical offenses can be committed , one by a native american , another a few miles away , the same crime and vastly different sentences because the native american is stuck in federal court with the 5-year mandatory minimum . 
these mandatory minimums violate common sense , and so i am delighted to join the gentleman from south carolina in this amendment and hope our colleagues will support it . 
