[Congressional Record Volume 162, Number 96 (Thursday, June 16, 2016)]
[Senate]
[Pages S4288-S4290]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT,
2016--Continued
Mass Shooting In Orlando and Standing Against Hatred and Intolerance
Mrs. FISCHER. Mr. President, I rise to offer my heartfelt condolences
to the victims and the families of the terrorist attack in Orlando. As
a mother, my heart breaks for the parents of the victims. As an
American, I share in a profound sense of sorrow for the loss of
innocent life.
Many questions remain unanswered. Did the terrorist communicate with
foreign terrorist groups? If so, how did they interact and what level
of support or direction did they provide? What was his path to radical
Islamism and what lessons can we learn to stop others on this path to
violence? Was his association with jihadist groups simply a superficial
one to mask deep personal hatred?
In the coming days, investigators will compile evidence to answer
these and many other questions. While there is much we do not know
about the attacks in Orlando, there are a few very important things we
do know. We know 49 people were killed, and 53 others were injured. We
know their families are suffering and we grieve with them. We know the
gay community was specifically targeted. There is something else we
know. This attack was brought against innocent people.
While knowledge of the specific circumstances of this tragedy will
hopefully help us improve our efforts to fight terrorism and
radicalization, for the victims of this horrific attack--indeed, for
many Americans--such information can seem irrelevant. This is because
the attack is an assault on the age-old Western value of social
pluralism. These are American values--ones we hold dear. These are the
principles which forbid violence on others, no matter how strongly you
may disagree with them. This is a basic conviction that unites
Americans.
We have many disagreements in our country. We have them in this
Chamber, we have them at work, and we have them around the dinner
table. Sometimes our words are harsh, sometimes our words are heated,
but we don't kill people who disagree with us. We protect their rights
to think differently. This is a key part of our identity as Americans.
The attack in Orlando reminds us that we are in the middle of a
global battle between two ways of life: one of open democracy and one
of violent jihadism. Our way--the American way--values pluralism. It
permits dissent from dominant social and political views. It protects
the freedom of expression and the freedom of religion. It defends our
shared human dignity. In our society, the value of your life is not
determined by your views. Here, your life has value because you exist.
That is good enough for us.
That is not good enough for radical Islam. Its followers do not
believe these things. They impose uniformity and destroy dissent. For
radical Islamists, there is no ``live and let live.''
Their ideology demands obedience. It allows only one way to live your
life
[[Page S4289]]
and demands that people who think differently, live differently, or
pray differently stop thinking, living, and praying as they do. Radical
Islamism does not use words to get what it wants. We observe its
methods in Syria through ISIL. There, they stone women and throw men
from buildings for violating their code.
This contempt for other cultures drives them to destroy historical
artifacts and ancient holy sites. They are exterminating entire
communities of people for practicing a different set of religious
beliefs, and they celebrate it. They are posting gruesome videos of
their heinous acts online. They are using this combination of violence
and twisted ideology as propaganda. They are seducing disaffected
individuals to join their perverse quest.
While the extent to which the Orlando shooter was influenced by this
incitement is unclear, he clearly identified with ISIL's barbaric
glorification of violence.
This is why we must unite to ensure ISIL's lasting defeat. Defeat on
the battlefield will greatly diminish the rhetorical power of their
calls to butcher, to pillage, and to defile.
However, responding to this terror is the shared responsibility of
all Americans and not reserved only for the military or law
enforcement. This was an assault on our belief in pluralism, an attack
against each of us. We all have a role in the response. Our law
enforcement and intelligence communities will no doubt lead the way,
but individual Americans can and should answer this attack.
I conclude with a call to action for every American, no matter where
they may be. Find someone with whom you deeply disagree and let them
know you value them. Seek that person out. Tell them you respect them
for who they are, regardless of your deeply held differences. We can do
this at work or at home, in the grocery store or at the doctor's
office. In our day-to-day lives, we can deliver a direct challenge to
radical Islamists. By treating each other with dignity and respect, we
can play our part in responding to this tragedy.
Basic human rights, freedom of expression, freedom of religion, and
freedom of assembly are endowed to all of us. By asserting our value of
pluralism confidently, we can stand against the forces of hatred and
intolerance.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Mr. SHELBY. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Committee-Reported Amendment Withdrawn
Mr. SHELBY. Mr. President, on behalf of the Appropriations Committee,
I withdraw the committee-reported amendment to H.R. 2578.
The PRESIDING OFFICER. The amendment is withdrawn.
Amendment No. 4685
(Purpose: In the nature of a substitute)
Mr. SHELBY. Mr. President, I offer amendment No. 4685 as a committee-
reported substitute amendment.
The PRESIDING OFFICER. The clerk will report.
The senior assistant legislative clerk read as follows:
The Senator from Alabama [Mr. Shelby] proposes an amendment
numbered 4685.
Mr. SHELBY. Mr. President, I ask unanimous consent that the reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The amendment is printed in the Record of June 15, 2016, under
``Text of Amendments.'')
Amendment No. 4720 to Amendment No. 4685
Mr. McCONNELL. Mr. President, I call up the Feinstein amendment No.
4720 to the substitute amendment.
The PRESIDING OFFICER. The clerk will report.
The senior assistant legislative clerk read as follows:
The Senator from Kentucky [Mr. McConnell], for Mrs.
Feinstein, proposes an amendment numbered 4720 to amendment
No. 4685.
Mr. McCONNELL. Mr. President, I ask unanimous consent that the
reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To authorize the Attorney General to deny requests to
transfer a firearm to known or suspected terrorists)
At the appropriate place, insert the following:
Sec. ___. Hereafter, the Attorney General may deny the
transfer of a firearm if the Attorney General determines,
based on the totality of the circumstances, that the
transferee represents a threat to public safety based on a
reasonable suspicion that the transferee is engaged, or has
been engaged, in conduct constituting, in preparation for, in
aid of, or related to terrorism, or providing material
support or resources therefor. For purposes of sections
922(t)(1), (2), (5), and (6) and 925A of title 18, United
States Code, and section 103(g) of Public Law 103-159 (18
U.S.C. 922 note), a denial by the Attorney General pursuant
to this provision shall be treated as equivalent to a
determination that receipt of a firearm would violate section
(g) or (n) of section 922 of title 18, United States Code, or
State law. A denial described in this section shall be
subject to the remedial procedures set forth in section
103(g) of Public Law 103-159 (18 U.S.C. 922 note) and the
intended transferee may pursue a remedy for an erroneous
denial of a firearm under section 925A of title 18, United
States Code. Notwithstanding any other provision of law, such
remedial procedures and judicial review shall be subject to
procedures that may be developed by the Attorney General to
prevent the unauthorized disclosure of information that
reasonably could be expected to result in damage to national
security or ongoing law enforcement operations, including but
not limited to procedures for submission of information to
the court ex parte as appropriate, consistent with due
process. The Attorney General shall establish, within the
amounts appropriated, procedures to ensure that, if an
individual who is, or within the previous 5 years has been,
under investigation for conduct related to a Federal crime of
terrorism, as defined in section 2332b(g)(5) of title 18,
United States Code, attempts to purchase a firearm, the
Attorney General or a designee of the Attorney General shall
be promptly notified of the attempted purchase.
Mr. McCONNELL. I ask for the yeas and nays on the amendment.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The yeas and nays were ordered.
Amendment No. 4749 to Amendment No. 4720
Mr. McCONNELL. Mr. President, I call up the Cornyn amendment No. 4749
to the Feinstein amendment.
The PRESIDING OFFICER. The clerk will report.
The senior assistant legislative clerk read as follows:
The Senator from Kentucky [Mr. McConnell], for Mr. Cornyn,
proposes an amendment numbered 4749 to amendment No. 4720.
Mr. McCONNELL. Mr. President, I ask unanimous consent that the
reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To Secure our Homeland from radical Islamists by Enhancing
Law enforcement Detection (``SHIELD''))
At the end add the following:
Sec. 5__. Hereafter, the Attorney General shall establish
a process by which--
(1) the Attorney General and Federal, State, and local law
enforcement are immediately notified, as appropriate, of any
request to transfer a firearm or explosive to a person who
is, or within the previous 5 years was, investigated as a
known or suspected terrorist;
(2) the Attorney General may delay the transfer of the
firearm or explosive for a period not to exceed 3 business
days and file an emergency petition in a court of competent
jurisdiction to prevent the transfer of the firearm or
explosive, and such emergency petition and subsequent hearing
shall receive the highest possible priority on the docket of
the court of competent jurisdiction and be subject to the
Classified Information Procedures Act (18 U.S.C. App.);
(3) the transferee receives actual notice of the hearing
and is provided with an opportunity to participate with
counsel and the emergency petition shall be granted if the
court finds that there is probable cause to believe that the
transferee has committed, conspired to commit, attempted to
commit, or will commit an act of terrorism, and if the
petition is denied, the Government shall be responsible for
all reasonable costs and attorneys' fees;
(4) the Attorney General may arrest and detain the
transferee for whom an emergency petition has been filed
where probable cause exists to believe that the individual
has committed, conspired to commit, or attempted to commit an
act of terrorism; and
(5) the Director of the Federal Bureau of Investigation
annually reviews and certifies the identities of known or
suspected terrorists under this section and the
appropriateness of such designation.
[[Page S4290]]
Motion to Commit with Amendment No. 4750
Mr. McCONNELL. Mr. President, I move to commit the bill to the
Judiciary Committee with instructions.
The PRESIDING OFFICER. The clerk will report the motion.
The senior assistant legislative clerk read as follows:
The Senator from Kentucky [Mr. McConnell] moves to commit
the bill to the Judiciary Committee with instructions to
report back forthwith with an amendment numbered 4750.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
Mr. McCONNELL. Mr. President, I ask for the yeas and nays on my
motion.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The yeas and nays were ordered.
Amendment No. 4751
(Purpose: To address gun violence and improve the availability of
records to the National Instant Criminal Background Check System)
Mr. McCONNELL. Mr. President, I send a Grassley amendment to the
instructions to the desk.
The PRESIDING OFFICER. The clerk will report.
The senior assistant legislative clerk read as follows:
The Senator from Kentucky [Mr. McConnell], for Mr.
Grassley, proposes an amendment numbered 4751 to the
instructions of the motion to commit.
Mr. McCONNELL. Mr. President, I ask unanimous consent that the
reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
Mr. McCONNELL. Mr. President, I ask for the yeas and nays on the
amendment.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The yeas and nays were ordered.
Amendment No. 4752 to Amendment No. 4751
Mr. McCONNELL. Mr. President, I send a second-degree amendment to the
desk.
The PRESIDING OFFICER. The clerk will report.
The senior assistant legislative clerk read as follows:
The Senator from Kentucky [Mr. McConnell] proposes an
amendment numbered 4752 to amendment No. 4751.
Mr. McCONNELL. Mr. President, I ask unanimous consent that the
reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
At the end add the following:
This Act shall take effect 1 day after the date of
enactment.
Cloture Motion
Mr. McCONNELL. Mr. President, I send a cloture motion to the desk for
the Grassley amendment.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The senior assistant legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
do hereby move to bring to a close debate on Senate amendment
No. 4751, to the instructions of the motion to commit H.R.
2578, an act making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the
fiscal year ending September 30, 2016, and for other
purposes.
Mitch McConnell, Roger F. Wicker, Thad Cochran, Tom
Cotton, Thom Tillis, John Boozman, Richard C. Shelby,
John Hoeven, Pat Roberts, Joni Ernst, Mike Rounds, John
Cornyn, John Barrasso, Deb Fischer, Johnny Isakson,
David Vitter, James M. Inhofe.
Cloture Motion
Mr. McCONNELL. Mr. President, I send a cloture motion to the desk for
the motion to commit with instructions.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
do hereby move to bring to a close debate on the McConnell
motion to commit H.R. 2578 to the Judiciary Committee with
instructions (Murphy amendment No. 4750).
Harry Reid, Jeff Merkley, Jeanne Shaheen, Kirsten E.
Gillibrand, Amy Klobuchar, Claire McCaskill, Debbie
Stabenow, Charles E. Schumer, Sherrod Brown, Mark R.
Warner, Richard Blumenthal, Tom Udall, Tammy Baldwin,
Jack Reed, Robert P. Casey, Jr., Angus King, Jr., Brian
E. Schatz.
Cloture Motion
Mr. McCONNELL. Mr. President, I send a cloture motion to the desk for
the Cornyn amendment.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
do hereby move to bring to a close debate on Senate amendment
No. 4749 to amendment No. 4720 to Calendar No. 120, H.R.
2578, an act making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the
fiscal year ending September 30, 2016, and for other
purposes.
Mitch McConnell, Tom Cotton, Thom Tillis, John Boozman,
Richard C. Shelby, John Hoeven, Pat Roberts, James M.
Inhofe, David Vitter, Joni Ernst, Mike Rounds, John
Cornyn, John Barrasso, Deb Fischer, Cory Gardner,
Shelley Moore Capito, Johnny Isakson.
Cloture Motion
Mr. McCONNELL. Mr. President, I send a cloture motion to the desk for
the Feinstein amendment.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
do hereby move to bring to a close debate on the Feinstein
amendment No. 4720 to Shelby amendment No. 4685 to H.R. 2578.
Harry Reid, Jeff Merkley, Jeanne Shaheen, Kirsten E.
Gillibrand, Amy Klobuchar, Claire McCaskill, Debbie
Stabenow, Charles E. Schumer, Sherrod Brown, Mark R.
Warner, Richard Blumenthal, Tom Udall, Tammy Baldwin,
Jack Reed, Robert P. Casey, Jr., Angus King, Jr., Brian
E. Schatz.
Mr. McCONNELL. Mr. President, I ask unanimous consent that the
mandatory quorums for the cloture motions be waived.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. McCONNELL. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Mr. McCONNELL. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________