[Pages S876-S880]
From the Congressional Record Online through the 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

[[Page S877]]

``(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
(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

[[Page S878]]

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 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

[[Page S879]]

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 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.

[[Page S880]]

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.
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.

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