Amendment Text: S.Amdt.4749 — 114th Congress (2015-2016)

Shown Here:
Amendment as Proposed (06/16/2016)

This Amendment appears on page S4289 in the following article from the Congressional Record.

[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.

                          ____________________