[Congressional Record (Bound Edition), Volume 162 (2016), Part 2]
[Senate]
[Pages 1842-1846]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. REID (for himself, Mr. Durbin, Mrs. Murray, Mr. Leahy, Mr. 
        Menendez, Ms. Hirono, Mr. Franken, Mr. Udall, and Mr. Brown):
  S. 2540. A bill to provide access to counsel for unaccompanied 
children and other vulnerable populations; to the Committee on the 
Judiciary.
  Mr. REID. Mr. President, I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2540

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fair Day in Court for Kids 
     Act of 2016''.

     SEC. 2. IMPROVING IMMIGRATION COURT EFFICIENCY AND REDUCING 
                   COSTS BY INCREASING ACCESS TO LEGAL 
                   INFORMATION.

       (a) Appointment of Counsel in Certain Cases; Right to 
     Review Certain Documents in Removal Proceedings.--Section 
     240(b) of the Immigration and Nationality Act (8 U.S.C. 
     1229a(b)) is amended--
       (1) in paragraph (4)--
       (A) in subparagraph (A)--
       (i) by striking ``, at no expense to the Government,''; and
       (ii) by striking the comma at the end and inserting a 
     semicolon;
       (B) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (D) and (E), respectively;
       (C) by inserting after subparagraph (A) the following:
       ``(B) the Attorney General may appoint or provide counsel, 
     at Government expense, to aliens in immigration proceedings;
       ``(C) the alien shall, at the beginning of the proceedings 
     or as expeditiously as possible, automatically receive a 
     complete copy of all relevant documents in the possession of 
     the Department of Homeland Security, including all documents 
     (other than documents protected from disclosure by privilege, 
     including national security information referred to in 
     subparagraph (D), law enforcement sensitive information, and 
     information prohibited from disclosure pursuant to any other 
     provision of law) contained in the file maintained by the 
     Government that includes information with respect to all 
     transactions involving the alien during the immigration 
     process (commonly referred to as an `A-file'), and all 
     documents pertaining to the alien that the Department of 
     Homeland Security has obtained or received from other 
     government agencies, unless the alien waives the right to 
     receive such documents by executing a knowing and voluntary 
     written waiver in a language that he or she understands 
     fluently;''; and
       (D) in subparagraph (D), as redesignated, by striking ``, 
     and'' and inserting ``; and''; and
       (2) by adding at the end the following:
       ``(8) Failure to provide alien required documents.--In the 
     absence of a waiver under paragraph (4)(C), a removal 
     proceeding may not proceed until the alien--
       ``(A) has received the documents as required under such 
     paragraph; and
       ``(B) has been provided meaningful time to review and 
     assess such documents.''.
       (b) Clarification Regarding the Authority of the Attorney 
     General to Appoint Counsel to Aliens in Immigration 
     Proceedings.--Section 292 of the Immigration and Nationality 
     Act (8 U.S.C. 1362) is amended--
       (1) by striking ``In any'' and inserting the following:
       ``(a) In General.--In any'';
       (2) in subsection (a), as redesignated--
       (A) by striking ``(at no expense to the Government)''; and
       (B) by striking ``he shall'' and inserting ``the person 
     shall''; and
       (3) by adding at the end the following:
       ``(b) Access to Counsel.--The Attorney General may appoint 
     or provide counsel to aliens in any proceeding conducted 
     under section 235, 236, 238, 240, or 241 or any other section 
     of this Act. The Secretary of Homeland Security shall ensure 
     that aliens have access to counsel inside all immigration 
     detention and border facilities.''.
       (c) Appointment of Counsel for Unaccompanied Alien Children 
     and Vulnerable Aliens.--
       (1) In general.--Section 292 of the Immigration and 
     Nationality Act (8 U.S.C. 1362), as amended by subsection 
     (b), is further amended by adding at the end the following:
       ``(c) Unaccompanied Alien Children and Vulnerable Aliens.--
     Notwithstanding subsection (b), the Attorney General shall 
     appoint counsel, at the expense of the Government if 
     necessary, at the beginning of the proceedings or as 
     expeditiously as possible, to represent in such proceedings 
     any alien who has been determined by the Secretary of 
     Homeland Security or the Attorney General to be--
       ``(1) an unaccompanied alien child (as defined in section 
     462(g) of the Homeland Security Act on 2002 (6 U.S.C. 
     279(g)));
       ``(2) a particularly vulnerable individual, such as--
       ``(A) a person with a disability; or
       ``(B) a victim of abuse, torture, or violence; or
       ``(3) an individual whose circumstances are such that the 
     appointment of counsel is necessary to help ensure fair 
     resolution and efficient adjudication of the proceedings.
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Executive Office of Immigration 
     Review of the Department of Justice such sums as may be 
     necessary to carry out this section.''.
       (2) Rulemaking.--The Attorney General shall promulgate 
     regulations to implement section 292(c) of the Immigration 
     and Nationality Act, as added by paragraph (1), in accordance 
     with the requirements set forth in section 3006A of title 18, 
     United States Code.

     SEC. 3. ACCESS BY COUNSEL AND LEGAL ORIENTATION AT DETENTION 
                   FACILITIES.

       (a) Access to Counsel.--The Secretary of Homeland Security 
     shall facilitate access to counsel for all aliens detained in 
     facilities under the supervision of U.S. Immigration and 
     Customs Enforcement or of U.S. Customs and Border Protection, 
     including providing information to aliens in detention about 
     legal services programs at detention facilities.
       (b) Access to Legal Orientation Programs.--The Secretary of 
     Homeland Security, in consultation with the Attorney General, 
     shall establish procedures to ensure that legal orientation 
     programs are available for all detained aliens, including 
     aliens held in U.S. Customs and Border Protection facilities, 
     to inform such aliens of the basic procedures of immigration 
     hearings, their rights relating to those hearings under 
     Federal immigration laws, information that may deter such 
     aliens from filing frivolous legal claims, and any other 
     information that the Attorney General considers appropriate, 
     such as a contact list of potential legal resources and 
     providers. Access to legal orientation programs shall not be 
     limited by the alien's current immigration status, prior 
     immigration history, or potential for immigration relief.
       (c) Pilot Project for Nondetained Aliens in Removal 
     Proceedings.--The Attorney General shall develop and 
     administer a 2-year pilot program at not fewer than 2 
     immigration courts to provide nondetained aliens with pending 
     asylum claims access to legal information. At the conclusion 
     of the pilot program, the Attorney General shall submit a 
     report to the Committee on the Judiciary of the Senate and 
     the Committee on the Judiciary of the House of 
     Representatives that describes the extent to which 
     nondetained aliens are provided with access to counsel.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Executive Office of Immigration 
     Review of the Department of Justice such sums as may be 
     necessary to carry out this section.

     SEC. 4. CASE MANAGEMENT PILOT PROGRAM TO INCREASE COURT 
                   APPEARANCE RATES.

       (a) Contract Authority.--The Secretary of Homeland Security 
     shall establish a pilot program to increase the court 
     appearance rates of aliens described in paragraphs (2) and 
     (3) of section 292(c) of the Immigration and Nationality Act, 
     as added by section 2(c)(1), by contracting with 
     nongovernmental, community-based organizations to provide 
     appropriate case management services to such aliens.
       (b) Scope of Services.--Case management services provided 
     under subsection (a) shall include assisting aliens with--
       (1) accessing legal counsel;
       (2) complying with court-imposed deadlines and other legal 
     obligations;
       (3) procuring appropriate housing;
       (4) enrolling their minor children in school; and
       (5) acquiring health services, including, if needed, mental 
     health services.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Department of Homeland Security 
     such sums as may be necessary to carry out this section.

     SEC. 5. REPORT ON ACCESS TO COUNSEL.

       (a) Report.--Not later than December 31 of each year, the 
     Secretary of Homeland Security, in consultation with the 
     Attorney General, shall prepare and submit a report to the 
     Committee on the Judiciary of the Senate and the Committee on 
     the Judiciary of the House of Representatives regarding the 
     extent to which aliens described in section 292(c) of the 
     Immigration and Nationality Act, as added by section 2(c)(1), 
     have been provided access to counsel.
       (b) Contents.--Each report submitted under paragraph (a) 
     shall include, for the immediately preceding 1-year period--
       (1) the number and percentage of aliens described in 
     paragraphs (1), (2), and (3), respectively, of section 292(c) 
     of the Immigration and Nationality Act, as added by section 
     2(c)(1), who were represented by counsel, including 
     information specifying--
       (A) the stage of the legal process at which the alien was 
     represented; and

[[Page 1843]]

       (B) whether the alien was in government custody; and
       (2) the number and percentage of aliens who received legal 
     orientation presentations.
                                 ______
                                 
      By Mr. LEAHY (for himself, Ms. Collins, Mr. Durbin, and Mr. 
        Kirk):
  S. 2544. A bill to increase public safety by punishing and deterring 
firearms trafficking; to the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, I see my distinguished colleague from Maine 
on the floor. Both of us would like to speak about how for years law 
enforcement in Vermont and elsewhere have sought more effective tools 
to go after straw purchasers and gun traffickers. Straw purchasers are 
people who do not have a criminal record but who purchase firearms for 
other people, and all too often they enable violent criminals, drug 
traffickers, and terrorists to obtain guns and to circumvent the 
background check requirements of Federal law.
  This Senator finds it frustrating. I am a gun owner. I go through 
background checks, but when I think of drug traffickers getting guns 
through a straw purchaser, that is wrong. In fact, they ship guns with 
impunity across State lines, not only from Vermont to other parts of 
New England but also along the Southwest border, allowing them to 
conduct illegal gun transactions in our cities and towns. Law 
enforcement officers who have tried to stop this have been hamstrung 
because under current law there is no Federal statute specifically 
prohibiting either the practice of straw purchasing or firearms 
trafficking. So today I am reintroducing legislation with the 
distinguished Senator from Maine, Ms. Collins, to plug those gaps in 
the law. The Stop Illegal Trafficking in Firearms Act of 2016 would 
make it a Federal crime to act as a straw purchaser of firearms or to 
illegally traffic firearms. It would also establish tough penalties for 
anyone who transfers a firearm when they have reasonable cause to 
believe it would be used in a drug transaction, crime or an act of 
terrorism. It will fix a loophole in the existing law and make it clear 
that it is a crime to smuggle firearms out of the United States just as 
it is a crime to smuggle firearms into the United States. This 
legislation answers the call from law enforcement to strengthen our 
investigative and prosecutorial tools to keep guns out of the hands of 
criminals and terrorists.
  We have to do more to protect our communities. The heartbreaking 
reports of mass shootings have become all too common and no corner of 
our country is immune from the tragedies that accompany everyday gun 
violence--not even Vermont. Criminals in search of firearms exploit 
gaping loopholes in our gun laws, and they utilize straw purchasers and 
trafficking networks or unregulated gun markets. In addition, the rise 
in addiction to heroin and opioids in the Northeast has exposed a new 
so-called iron pipeline of firearms trafficking. We are seeing firearms 
serve as a currency. You can use a firearm to buy illegal drugs like 
heroin. Addicts are being directed to straw purchase firearms for 
dealers because dealers who have criminal backgrounds could not pass a 
background check. In Vermont, for example, Federal investigators are 
reporting increasing instances of straw purchasers buying guns for drug 
dealers or finding guns that were purchased in Vermont being trafficked 
to criminals in other States, such as New York, Massachusetts, and 
Connecticut, where the guns are traded for heroin or used in violent 
crimes.
  This morning the Judiciary Committee approved bipartisan legislation 
that takes a comprehensive approach to dealing with heroin and opioid 
addiction. I fought to include provisions to help law enforcement and 
to provide assistance to rural communities like we have in Vermont. 
Passing a gun trafficking bill is another way we can keep our 
communities safe.
  Remember, straw purchasing and gun trafficking is not just tied to 
drug trafficking. Even terrorists, like the suspected San Bernardino 
shooters, have utilized straw purchasers to acquire their guns. In the 
San Bernardino case, the prosecutors did not have the option of 
charging the friend of the terrorists with a straw purchasing offense. 
Instead, the only charge that was available against him for unlawfully 
purchasing the two rifles used in the mass shooting was a paperwork 
violation of making a false statement. This Senator has heard from many 
prosecutors, Republicans and Democrats alike, that these paperwork 
charges are wholly inadequate to deter or stop such dangerous conduct.
  It is time to take action. Only Congress can fill the gap. Congress 
must not become so numb to tragedy after tragedy that we fail to 
fulfill our responsibility to legislate. It is true that no one piece 
of legislation can prevent all criminals from acquiring firearms, and 
it certainly will not solve the epidemic of gun violence, but that is 
not an excuse for inaction.
  I would hope all of us would agree that criminals and terrorists 
should not have guns and that we should investigate and prosecute the 
straw purchasers and gun traffickers who help criminals and terrorists 
get guns. Law enforcement officials have complained for years that they 
lack the statutory tools to effectively investigate and deter straw 
purchasers and gun traffickers. That is why this bill has such strong 
support from law enforcement groups such as the National Fraternal 
Order of Police, the International Association of Chiefs of Police, the 
Major Cities Chiefs Association, the Federal Law Enforcement Officers 
Association, the National Tactical Officers Association, the National 
District Attorneys Association, and the Association of Prosecuting 
Attorneys. This bill builds on the progress we made last Congress when 
I worked with Senator Durbin to introduce similar legislation. I want 
to acknowledge the tireless efforts of Senator Durbin and others on 
this issue, and I am glad he is an original cosponsor of this important 
legislation.
  As are many others, I am proud to be a responsible gun owner. I enjoy 
target shooting in the backyard of my farmhouse--with a nice safe 
backdrop I might add. I am deeply committed to the fundamental and 
individual rights afforded in the Second Amendment. I know Senator 
Collins shares my commitment to protecting those constitutional rights, 
but we also share a desire to go after violent criminals, drug 
traffickers, and terrorists. We do not want to hand guns to violent 
criminals, drug traffickers, and terrorists, and if they do get guns we 
want to make sure law enforcement officials arrest the people who gave 
them the guns to keep guns out of their hands. This legislation does 
just that.
  Mr. President, I yield the floor to my good friend, the senior 
Senator from Maine.
  Ms. COLLINS. Mr. President, I am very pleased to join my colleague 
from New England, Senator Leahy, in introducing our bill, the Stop 
Illegal Trafficking in Firearms Act. Our bill would strengthen Federal 
law to make it easier for prosecutors to effectively go after gun 
traffickers while protecting fully the rights of the vast majority of 
gun owners who are law-abiding.
  The practice of straw purchasing is intended to achieve one result, 
and that is to put a gun in the hands of criminals. Today traffickers 
target individuals who can lawfully purchase firearms and then use 
those weapons to commit crimes. They exploit weaknesses in Federal law 
that make prosecuting straw purchasers difficult and punishment for 
such a crime generally minimal.
  The guns we are targeting in our bill are frequently sold and resold 
and trafficked across State lines, resulting in the proliferation of 
illegal firearms in our communities. This practice has fueled the 
violence across our southern border associated with the Mexican drug 
cartels; it has spurred gun violence in our cities; and it has 
contributed to the heroin crisis that is so devastating to our families 
and is undermining public safety in our communities.
  Current Federal law makes preventing and prosecuting these offenses 
very difficult for law enforcement. Right now, a straw purchaser can 
only be prosecuted for lying on a Federal form. Essentially, that is 
treated as if

[[Page 1844]]

it were a paperwork violation. Our bill would create new, specific 
criminal offenses for straw purchasing and trafficking in firearms. 
Instead of a slap on the wrist, these crimes would be punishable for up 
to 15 years in prison for those who knowingly purchase a firearm for a 
prohibited person or had reason to believe they would use the firearm 
in a prohibited way. For those straw purchasers who know or have 
reasonable cause to believe that the firearm would be used to commit a 
crime of violence, that crime will be punishable for up to 25 years in 
prison.
  It is not surprising that so many law enforcement groups have 
endorsed our commonsense proposal. It would provide them with an 
effective tool to fight the violence that too often goes hand in hand 
with drug trafficking. Straw purchasing and the trafficking of firearms 
puts guns directly into the hands of drug dealers and violent criminals 
who smuggle heroin into my State and so many other States. The heroin 
flooding our communities is reaching crisis proportions. In 2014, there 
were a record 208 overdose deaths in the State of Maine, including 57 
caused by heroin, and the problem is only getting worse.
  The problem of straw purchasing and drug and gun trafficking is 
directly linked to the heroin crisis. Law enforcement officers tell me 
they have seen a major influx of drug dealers coming from out of State, 
straight up I-95's ``iron pipeline'' and other interstate highways with 
direct ties to gangs in major cities and ready to sell or trade 
prescription opiates and heroin for guns.
  Oftentimes drug dealers and gang members follow a similar pattern. 
They seek out and target addicts and they trade or sell them heroin for 
guns. These gang members with criminal records cross into Maine and 
approach these drug addicts to be their straw buyers because these 
addicts usually have clean records, so they can legally purchase the 
firearms these criminals are seeking. The addict exchanges the gun for 
heroin to support his or her drug dependency, and that cycle is 
repeated time and again. Those guns might be used in out-of-State 
crimes or resold at a profit.
  Recently, I received a truly shocking briefing from Federal law 
enforcement officials about the cases in Maine that fit this pattern. 
Let me tell you about one. Gang members trafficked in crack cocaine and 
heroin between New Haven, CT, and Bangor, ME, where I live. They were 
later charged with acts of violence, including assault, armed 
robberies, attempted murder, and murder. Law enforcement's 
investigation revealed that they had gotten the firearms by trading 
narcotics for them in Bangor, ME. They then distributed these guns to 
other gang members.
  The terrorist attack in San Bernardino, CA, is another tragic example 
of how straw purchasing can lead to horrific crimes. In this case it is 
believed that the individual straw-purchased two assault rifles that 
were later used in the terrorist attack that killed 14 people. He has 
been charged with making a false statement in relation to the purchase 
of those firearms. Our bill, the Stop Illegal Trafficking in Firearms 
Act could have allowed law enforcement officials to charge this 
individual with straw purchasing and the trafficking of firearms rather 
than just a paperwork violation.
  Our bill also strengthens existing laws that prohibit gun smuggling. 
Right now it is illegal for someone to smuggle a firearm into the 
United States with the intent to engage in drug trafficking or violent 
crime.
  To combat the drug cartels operating across our southern border, we 
must also prohibit firearms from being trafficked out of the United 
States for these illegal purchases and purposes. In doing so, our bill 
would provide an important tool to combatting the trafficking 
organizations that are exporting firearms and ammunition from the 
United States and into Mexico, where they are used by drug cartels that 
are fueling the heroin crisis here at home.
  According to the Bureau of Alcohol, Tobacco, Firearms and Explosives, 
out of the nearly 105,000 firearms recovered in Mexico in the last 5 
years, more than 73,000 were sourced to the United States. Similarly, a 
large percentage of guns used in crimes in our largest cities were 
trafficked across State lines.
  Let me emphasize that our bill protects the Second Amendment rights 
of law-abiding citizens. It protects legitimate, private gun sales and 
is drafted to avoid sweeping in innocent transactions and placing 
unnecessary burdens on lawful, private sales. It expressly exempts 
certain transactions that are allowed under current law, such as gifts, 
raffles or auctions. There is absolutely nothing in our bill that 
would, for example, prohibit a father from giving a hunting rifle to 
his daughter as a gift. Furthermore, our bill expressly prohibits the 
act from being used to establish a Federal firearms registry, which I 
strongly oppose.
  This Stop Illegal Trafficking in Firearms Act takes guns out of the 
hands of criminals without infringing upon the constitutional rights of 
law-abiding citizens.
  We have had many discussions in this Chamber, in our caucuses, and in 
our committees about the heroin crisis that is gripping far too many 
families and communities in States across the Nation, including the 
State of Maine.
  We need to take a comprehensive approach that includes strengthening 
law enforcement, providing treatment, and increasing education and 
prevention efforts. This bill is one piece of the law enforcement 
puzzle as we seek to combat this terrible epidemic that is ruining so 
many lives.
  I urge our colleagues to join Senator Leahy and me in supporting our 
legislation.
                                 ______
                                 
      By Mr. KAINE (for himself and Mr. Warner):
  S. 2548. A bill to establish the 400 Years of African-American 
History Commission, and for other purposes; to the Committee on Energy 
and Natural Resources.
  Mr. KAINE. Mr. President, today I am introducing the 400 Years of 
African American History Commission Act.
  During my tenure as Governor of Virginia I presided over the 400th 
anniversary of the founding of Jamestown, VA, by the English colonists 
in 1604. Last year I attended the 450th anniversary of the founding of 
St. Augustine, FL, which celebrated Hispanic heritage. Both 
commemorations included activities sponsored by federal commissions, 
which were voted on and passed by Congress. In three years, in 2019, we 
will mark another key anniversary in American history. August 2019 will 
mark 400 years after the first documented arrival of Africans who came 
to English America by way of Point Comfort, Virginia. Although in 1619 
slavery was not yet an institution the ``20 and odd'' Africans, as it 
was recorded, were the first recorded group of Africans to be sold as 
involuntary laborers or indentured servants in the colonies.
  Having commemorated the English and Spanish heritage of our founding 
there is no reason it should be any different for the arrival and 
continuous presence of Africans and African Americans in the English 
settlements in 1619. There is no dispute that the beginning of African 
and African American presence in what is now the United States was both 
tragic and regrettable. Slavery as an institution broke up families, 
resulted in the deaths of thousands, and caused irreparable damage to 
our American psyche. Though we should never forget that period of stain 
on our history, slavery is not the only part of African American 
history. We must remember the whole story. African Americans have 
contributed to the economic, academic, social, cultural and moral well-
being of this nation.
  So today with my cosponsor Senator Mark Warner, I introduce the 400 
Years of African American History Commission Act, which would establish 
a commission that would plan programs and activities across the county 
to recognize the arrival and influence of African Americans since 1619. 
It is my hope the establishment of a ``400th'' commission would create 
an opportunity to bring continued national education about the 
significance the arrival of African Americans has made to the U.S., and 
the contributions that have been made since 1619. Additionally, the 
commission would create space to discuss race relations in

[[Page 1845]]

America and focus on dismantling the institutional systems that have 
adversely hindered African American progress.
                                 ______
                                 
      By Mr. CARDIN (for himself, Mr. Tillis, Mr. Murphy, Mr. Menendez, 
        Mrs. Shaheen, Mr. Brown, Mrs. Gillibrand, Mr. Blumenthal, Mr. 
        Coons, Ms. Mikulski, Mr. Markey, Mr. Merkley, Mrs. Boxer, Mr. 
        Casey, and Ms. Warren):
  S. 2551. A bill to help prevent acts of genocide and mass atrocities, 
which threaten national and international security, by enhancing United 
States civilian capacities to prevent and mitigate such crises; to the 
Committee on Foreign Relations.
  Mr. CARDIN. Mr. President, on April 10, 2014, I introduced the Syrian 
War Crimes Accountability Act in this Chamber. Three days earlier, the 
world had marked the 20th anniversary of the genocide in Rwanda, one of 
the most horrific events in modern history that unfolded as the world 
stood back and watched. At that time I noted that, ``[u]nfortunately, 
we have not learned the lessons of the past. We must do better to not 
only see that sort of atrocities never again occur under our watch . . 
.'' That statement was not only a reflection of my beliefs, but a 
promise to keep the issue of atrocity prevention in front of the Senate 
and the American people.
  So today, under the heavy cloud of atrocities occurring in Syria, 
South Sudan, and elsewhere, I come to address this body again. I am 
here today not to look backward about actions not taken. I am here 
today to stress that our job, our responsibility, is to make sure the 
United States has the tools--diplomatic, political, economic, and 
legal--to take effective action before atrocities occur. Essential to 
this is authorizing the Atrocities Prevention Board, and ensuring that 
the United States Government has structures in place and the mechanisms 
at hand to better prevent and respond to potential atrocities.
  President Obama, when he established the Atrocities Prevention Board 
in 2012, said that, ``preventing genocide [is] an `achievable goal' but 
one that require[s] a degree of governmental organization that matches 
the kind of methodical organization that accompanies mass killings''.
  I am introducing the Genocide and Atrocities Prevention Act of 2016 
to ensure that we do just that. I am joined in this effort by Senators 
Tillis, Murphy, Menendez, Shaheen, Brown, Gillibrand, Blumenthal, 
Coons, Mikulski, Markey, Merkley, and Boxer. This bill authorizes the 
Board, which is a transparent, accountable, high-level, interagency 
board that includes representatives at the assistant secretary level or 
higher from departments and agencies across the U.S. Government.
  The Board will meet monthly to oversee the development and 
implementation of atrocity prevention and response policy, and 
additionally address over the horizon potential atrocities through the 
use of a wide variety of tools, so that we can take effective action to 
prevent atrocities from occurring.
  This bill gives our Foreign Service Officers the training they need 
to recognize patterns of escalation and early warning signs of 
potential atrocities and conflict. With this training, we will, over 
time, build atrocity prevention into the core skillset of our people on 
the ground. They will be equipped to see the warning signs, analyze the 
events, and engage early.
  This bill also codifies the Complex Crises Fund, which has been a 
crucial tool to our ability to quickly respond to emerging crises 
overseas, including potential mass atrocities and conflict. We used the 
Complex Crises Fund in Tunisia during their Arab Spring and in Sri 
Lanka after its civil war. We've used it to respond quickly in Kenya 
and Cote d'Ivoire, where it has helped save lives.
  Importantly, this bill builds greater transparency and accountability 
into the structure of the Atrocities Prevention Board. Civil society 
will have a say, and Congress will have a greater oversight role to 
make sure we are getting this right.
  Mr. President, this is a good bill. It does good things, and places 
the United States on solid moral ground. But the moral argument alone 
is not enough. We must also remember that America's security, and that 
of our allies, is affected when civilians are slaughtered. Our security 
is impacted when desperate refugees stream across borders. Our security 
is affected when perpetrators of extraordinary violence wreak havoc on 
regional stability, destroying communities, families, and livelihoods. 
We have seen groups like ISIS systematically targeting communities on 
the basis of their ethnicity or religious beliefs and practices, 
including Yezidi, Christian, and Turkmen populations, but over sixty 
years after the Holocaust, we still lack a comprehensive framework to 
prevent and respond to mass atrocities and genocide.
  So, let this bill act as our framework, and also our call to action, 
so that when we use the phrase `never again', we know that we are 
taking meaningful preventative action.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself, Mr. Durbin, Mr. Whitehouse, and 
        Ms. Klobuchar):
  S. 2552. A bill to amend section 875(c) of title 18, United States 
Code, to include an intent requirement; to the Committee on the 
Judiciary.
  Mrs. FEINSTEIN. Mr. President, I rise to introduce the Interstate 
Threats Clarification Act, which is a necessary bill to clarify the 
``level of intent'' required to convict someone for making threats to 
injure or kidnap another person.
  I would like to thank Senators Durbin, Whitehouse, and Klobuchar for 
cosponsoring the bill.
  In June 2015, the Supreme Court issued a decision in Elonis v. United 
States, a case involving a man who was convicted for posting on 
Facebook ``crude, degrading, and violent'' threats against his co-
workers, ex-wife, law enforcement personnel, and a kindergarten class.
  The man started posting the violent and threatening posts after his 
wife of nearly 7 years left him and took with her their two young 
children.
  The threats made over Facebook caused his ex-wife to feel ``extremely 
afraid'' for her life, leading her to obtain a restraining order 
against him.
  But that did not stop the man, who then posted on Facebook to 
communicate to his ex-wife that she ``[f]old up your [restraining 
order] and put it in your pocket / Is it thick enough to stop a 
bullet?''
  That same month, he continued to make violent posts, including one 
that indicated that ``[e]nough elementary schools in a ten mile radius 
to initiate the most heinous school shooting ever imagined / And hell 
hath no fury like a crazy man in a Kindergarten class.''
  After viewing the posts, an FBI agent and another investigator 
visited the man at his home, where he was ``polite but uncooperative.'' 
After they left, he posted the following:

       Little Agent lady stood so close
       Took all the strength I had not to turn the b**** ghost
       Pull my knife, flick my wrist, and slit her throat
       Leave her bleedin' from her jugular in the arms of her 
     partner.

  The post went on to threaten what would happen if he was visited 
again by the agent, including the possible use of explosives.
  Due to these threats and others, the man was convicted for making 
threats to inflict bodily harm under Section 875(c) of Title 18.
  This law prohibits the transmission of a communication that contains 
a threat to injure or kidnap another person.
  The man appealed, saying the lower court did not apply the correct 
level of intent for a conviction.
  When the case reached the Supreme Court, the Court overturned the 
conviction.
  The Court found that the law requires the government to prove some 
type of ``wrongful'' intent by the man--``negligence'' was not enough 
for a criminal conviction under this law.
  The Court's opinion, however, left significant ambiguity regarding 
what the government must prove for a conviction under the statute.

[[Page 1846]]

  The Supreme Court simply did not specify the exact ``level of 
intent'' required for a conviction.
  Justice Alito highlighted the problem of the ambiguity in his partial 
dissent, stating, ``[a]ttorneys and judges are left to guess'' as to 
the level of intent required.
  This ambiguity has left judges and prosecutors in the dark about what 
the law requires, and has raised concerns among domestic violence 
victims because prosecutors and judges may now be hesitant to fully 
enforce the law.
  This is why Congressional action is necessary.
  The Interstate Threats Clarification Act solves this ambiguity.
  It clarifies that, under Section 875(c) of Title 18, the Government 
has three options to obtain a conviction. It can prove that a defendant 
either intended, had knowledge, or recklessly disregarded the risk, 
that the communication would be reasonably interpreted as a threat.
  This is exactly what Justice Alito said would be sufficient in his 
opinion.
  As Justice Alito stated when analyzing the statute in the context of 
the case, ``[s]omeone who acts recklessly with respect to conveying a 
threat necessarily grasps that he is not engaged in innocent conduct.''
  I agree.
  Someone who posts violent and crude threats to harm or kidnap judges, 
domestic violence victims, vulnerable members of society, military 
personnel, and law enforcement personnel, must be held accountable for 
their reckless conduct.
  This bill clarifies for judges and attorneys alike the proof required 
to convict those who make such threats to injure or kidnap such 
persons.
  I also appreciate the work done by a coalition of domestic violence 
organizations that have worked with me on the bill, including the 
National Network to End Domestic Violence, the Domestic Violence Legal 
Empowerment and Appeals Project, the National Center for Victims of 
Crime, the American Association of University Women, Futures Without 
Violence, Jewish Women International, Legal Momentum, National Alliance 
to End Sexual Violence, National Coalition Against Domestic Violence, 
the National Domestic Violence Hotline, and the National Resource 
Center on Domestic Violence.
  I also appreciate the strong support for the bill from law 
enforcement, including the National District Attorneys Association, the 
Fraternal Order of Police, the Federal Law Enforcement Officers 
Association, and the Major Cities Chiefs Association.
  This bill is necessary to clarify Federal law about criminal threats 
and ensure that those who send them are prosecuted. I urge my 
colleagues to support it.

                          ____________________