S3880 CONGRESSIONAL RECORD — SENATE June 15, 2016 nor Florida has been able to prove any Attempts at this kind of Washington grants and cooperative agreements for the pur- real or substantial harm resulting from meddling are exactly why many of our pose of promoting exports of United States firms, the Army Corps of Engineers’ or Geor- constituents have lost trust in this without regard to sections 3702 and 3703 of title gia’s water management practices. As body. We must remove this language 44, United States Code; full medical coverage for dependent members of immediate families of em- a matter of fact, they are under court from the CJS bill or we will set a dan- ployees stationed overseas and employees tempo- direction today. gerous precedent moving forward. rarily posted overseas; travel and transportation The numbers show this. Since 1980, I yield back the remainder of my of employees of the International Trade Admin- the population of the Metro Atlanta time. istration between two points abroad, without re- water district has more than doubled I suggest the absence of a quorum. gard to section 40118 of title 49, United States from just over 2 million to over 5 mil- The PRESIDING OFFICER. The Code; employment of citizens of the United lion, and that is as a percentage of clerk will call the roll. States and aliens by contract for services; rental about 10.5 million people in the State The senior assistant legislative clerk of space abroad for periods not exceeding 10 years, and expenses of alteration, repair, or im- as a whole in 2014. Since 2000 alone, the proceeded to call the roll. provement; purchase or construction of tem- population of this metro area has Mr. MCCONNELL. Mr. President, I porary demountable exhibition structures for grown by more than 1 million. ask unanimous consent that the order use abroad; payment of tort claims, in the man- Since the formation of the Metropoli- for the quorum call be rescinded. ner authorized in the first paragraph of section tan North Georgia Water Planning Dis- The PRESIDING OFFICER. Without 2672 of title 28, United States Code, when such trict in 2001, water withdrawals in objection, it is so ordered. claims arise in foreign countries; not to exceed $294,300 for official representation expenses Metro Atlanta have decreased dramati- f cally even as the population grew by abroad; purchase of passenger motor vehicles for more than 1 million. As a matter of CONCLUSION OF MORNING official use abroad, not to exceed $45,000 per ve- BUSINESS hicle; obtaining insurance on official motor ve- fact, the consumption per capita has hicles; and rental of tie lines, $473,000,000, to re- gone down by more than one-third. The PRESIDING OFFICER. Morning main available until September 30, 2017, of This is good water management. business is closed. which $10,000,000 is to be derived from fees to be Georgia has been a good steward of retained and used by the International Trade f water resources, and this has been re- Administration, notwithstanding section 3302 of peatedly validated. In fact, Metro At- COMMERCE, JUSTICE, SCIENCE, title 31, United States Code: Provided, That, of lanta water systems have gone above AND RELATED AGENCIES APPRO- amounts provided under this heading, not less and beyond the necessary water man- PRIATIONS ACT, 2016—MOTION TO than $16,400,000 shall be for China antidumping PROCEED and countervailing duty enforcement and com- agement practices to ensure that they pliance activities: Provided further, That the are conserving as much as possible and The PRESIDING OFFICER. The provisions of the first sentence of section 105(f) efficiently properly using the water clerk will report the pending business. and all of section 108(c) of the Mutual Edu- they do withdraw. The senior assistant legislative clerk cational and Cultural Exchange Act of 1961 (22 Again, the numbers back this up. read as follows: U.S.C. 2455(f) and 2458(c)) shall apply in car- rying out these activities; and that for the pur- There are 15 counties in the metro dis- Motion to proceed to Calendar No. 120, trict. As I said before, from 2000 to 2013, pose of this Act, contributions under the provi- H.R. 2578, a bill making appropriations for sions of the Mutual Educational and Cultural water withdrawals have declined by the Departments of Commerce and Justice, more than one-third. Both Alabama Exchange Act of 1961 shall include payment for Science, and Related Agencies for the fiscal assessments for services provided as part of and Florida have consistently lost in year ending September 30, 2016, and for other these activities. court because their claims have been purposes. OFFICE OF UNITED STATES TRADE found to be baseless. Because they can- The PRESIDING OFFICER. The REPRESENTATIVE not win in court, now we see the senior question is on agreeing to the motion SALARIES AND EXPENSES Senator from Alabama trying to win to proceed. For necessary expenses of the Office of the through the appropriations process in The motion was agreed to. United States Trade Representative, including Congress. f the hire of passenger motor vehicles and the em- There is a case on this issue cur- ployment of experts and consultants as author- rently being litigated between the COMMERCE, JUSTICE, SCIENCE, ized by section 3109 of title 5, United States States in the U.S. Supreme Court that AND RELATED AGENCIES APPRO- Code, $54,250,000, of which $1,000,000 shall re- is due to be heard by a court-appointed PRIATIONS ACT, 2016 main available until expended: Provided, That special master in November of this The PRESIDING OFFICER. The section 141(a) of the Trade Act of 1974 (19 U.S.C. year. There is another case pending in 2171(a)) is amended by striking ‘‘Executive Of- clerk will report the bill. fice of the President’’ and inserting ‘‘Depart- the U.S. District Court for the District The senior assistant legislative clerk ment of Commerce’’: Provided further, That not of Columbia, and yet another one is read as follows: to exceed $124,000 shall be available for official pending in the U.S. District Court for A bill (H.R. 2578) making appropriations reception and representation expenses. the Northern District of Georgia. We for the Departments of Commerce and Jus- BUREAU OF INDUSTRY AND SECURITY need to allow the legal process to run tice, Science, and Related Agencies for the OPERATIONS AND ADMINISTRATION fiscal year ending September 30, 2016, and for its natural course on these cases. For necessary expenses for export administra- other purposes. But, again, some in this body are tion and national security activities of the De- short-circuiting that litigation The Senate proceeded to consider the partment of Commerce, including costs associ- through the appropriations process. bill, which had been reported from the ated with the performance of export administra- That is just not appropriate. This Committee on Appropriations, with an tion field activities both domestically and short-circuiting would have improper amendment to strike all after the en- abroad; full medical coverage for dependent influence on the outcomes of these acting clause and insert in lieu thereof members of immediate families of employees sta- court cases. That speaks volumes. the following: tioned overseas; employment of citizens of the We are not sent here to pick winners United States and aliens by contract for services That the following sums are appropriated, out abroad; payment of tort claims, in the manner and losers among the States. This is a of any money in the Treasury not otherwise ap- authorized in the first paragraph of section 2672 matter for the States involved to liti- propriated, for Departments of Commerce and of title 28, United States Code, when such claims gate and negotiate, as are all inter- Justice, and Science, and Related Agencies for arise in foreign countries; not to exceed $13,500 state disputes. By the way, this could the fiscal year ending September 30, 2016, and for official representation expenses abroad; set a dangerous precedent not just for for other purposes, namely: awards of compensation to informers under the these three States but for all States TITLE I Export Administration Act of 1979, and as au- that have water rights issues. DEPARTMENT OF COMMERCE thorized by section 1(b) of the Act of June 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); and pur- This is a matter for the States in- INTERNATIONAL TRADE ADMINISTRATION volved to litigate and negotiate, as are chase of passenger motor vehicles for official use OPERATIONS AND ADMINISTRATION and motor vehicles for law enforcement use with all interstate disputes. This is not a For necessary expenses for international trade special requirement vehicles eligible for pur- matter to be dealt with through the ap- activities of the Department of Commerce pro- chase without regard to any price limitation propriations process of the Federal vided for by law, and for engaging in trade pro- otherwise established by law, $106,500,000, to re- Government. motional activities abroad, including expenses of main available until expended: Provided, That

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 6333 E:\CR\FM\G15JN6.006 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE June 15, 2016 CONGRESSIONAL RECORD — SENATE S3881 the provisions of the first sentence of section services, and such fees shall be retained and present value factors published in OPM’s yearly 105(f) and all of section 108(c) of the Mutual used as offsetting collections for costs of such 300 series benefit letters and the factors that Educational and Cultural Exchange Act of 1961 spectrum services, to remain available until ex- OPM provides for USPTO’s specific use shall be (22 U.S.C. 2455(f) and 2458(c)) shall apply in pended: Provided further, That the Secretary of recognized as an imputed cost on USPTO’s fi- carrying out these activities: Provided further, Commerce is authorized to retain and use as off- nancial statements, where applicable: Provided That payments and contributions collected and setting collections all funds transferred, or pre- further, That, notwithstanding any other provi- accepted for materials or services provided as viously transferred, from other Government sion of law, all fees and surcharges assessed and part of such activities may be retained for use in agencies for all costs incurred in telecommuni- collected by USPTO are available for USPTO covering the cost of such activities, and for pro- cations research, engineering, and related ac- only pursuant to section 42(c) of title 35, United viding information to the public with respect to tivities by the Institute for Telecommunication States Code, as amended by section 22 of the the export administration and national security Sciences of NTIA, in furtherance of its assigned Leahy-Smith America Invents Act (Public Law activities of the Department of Commerce and functions under this paragraph, and such funds 112–29): Provided further, That within the other export control programs of the United received from other Government agencies shall amounts appropriated, $2,000,000 shall be trans- States and other governments. remain available until expended. ferred to the ‘‘Office of Inspector General’’ ac- ECONOMIC DEVELOPMENT ADMINISTRATION PUBLIC TELECOMMUNICATIONS FACILITIES, count for activities associated with carrying out investigations and audits related to the USPTO. ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS PLANNING AND CONSTRUCTION NATIONAL INSTITUTE OF STANDARDS AND For grants for economic development assist- For the administration of prior-year grants, TECHNOLOGY ance as provided by the Public Works and Eco- recoveries and unobligated balances of funds nomic Development Act of 1965, for trade adjust- previously appropriated are available for the SCIENTIFIC AND TECHNICAL RESEARCH AND ment assistance, and for grants authorized by administration of all open grants until their ex- SERVICES section 27 of the Stevenson-Wydler Technology piration. For necessary expenses of the National Insti- Innovation Act of 1980 (15 U.S.C. 3722), UNITED STATES PATENT AND TRADEMARK OFFICE tute of Standards and Technology (NIST), $213,000,000, to remain available until expended; SALARIES AND EXPENSES $684,700,000, to remain available until expended, of which $10,000,000 shall be for grants under of which not to exceed $9,000,000 may be trans- (INCLUDING TRANSFERS OF FUNDS) such section 27. ferred to the ‘‘Working Capital Fund’’: Pro- For necessary expenses of the United States SALARIES AND EXPENSES vided, That not to exceed $5,000 shall be for offi- Patent and Trademark Office (USPTO) provided cial reception and representation expenses: Pro- For necessary expenses of administering the for by law, including defense of suits instituted vided further, That NIST may provide local economic development assistance programs as against the Under Secretary of Commerce for In- transportation for summer undergraduate re- provided for by law, $37,000,000: Provided, That tellectual Property and Director of the USPTO, search fellowship program participants. these funds may be used to monitor projects ap- $3,272,000,000, to remain available until ex- INDUSTRIAL TECHNOLOGY SERVICES proved pursuant to title I of the Public Works pended: Provided, That the sum herein appro- Employment Act of 1976, title II of the Trade Act priated from the general fund shall be reduced For necessary expenses for industrial tech- of 1974, section 27 of the Stevenson-Wydler as offsetting collections of fees and surcharges nology services, $145,000,000, to remain available Technology Innovation Act of 1980 (15 U.S.C. assessed and collected by the USPTO under any until expended, of which $130,000,000 shall be 3722), and the Community Emergency Drought law are received during fiscal year 2016, so as to for the Hollings Manufacturing Extension Part- Relief Act of 1977. result in a fiscal year 2016 appropriation from nership, and of which $15,000,000 shall be for MINORITY BUSINESS DEVELOPMENT AGENCY the general fund estimated at $0: Provided fur- the Advanced Manufacturing Technology Con- sortia. MINORITY BUSINESS DEVELOPMENT ther, That during fiscal year 2016, should the total amount of such offsetting collections be CONSTRUCTION OF RESEARCH FACILITIES For necessary expenses of the Department of less than $3,272,000,000 this amount shall be re- Commerce in fostering, promoting, and devel- For construction of new research facilities, in- duced accordingly: Provided further, That any oping minority business enterprise, including ex- cluding architectural and engineering design, amount received in excess of $3,272,000,000 in fis- penses of grants, contracts, and other agree- and for renovation and maintenance of existing cal year 2016 and deposited in the Patent and ments with public or private organizations, facilities, not otherwise provided for the Na- Trademark Fee Reserve Fund shall remain $30,000,000. tional Institute of Standards and Technology, available until expended: Provided further, as authorized by sections 13 through 15 of the ECONOMIC AND STATISTICAL ANALYSIS That the Director of USPTO shall submit a National Institute of Standards and Technology SALARIES AND EXPENSES spending plan to the Committees on Appropria- Act (15 U.S.C. 278c–278e), $63,300,000, to remain For necessary expenses, as authorized by law, tions of the House of Representatives and the available until expended: Provided, That the of economic and statistical analysis programs of Senate for any amounts made available by the Secretary of Commerce shall include in the the Department of Commerce, $100,000,000, to re- preceding proviso and such spending plan shall budget justification materials that the Secretary main available until September 30, 2017. be treated as a reprogramming under section 505 submits to Congress in support of the Depart- of this Act and shall not be available for obliga- BUREAU OF THE CENSUS ment of Commerce budget (as submitted with the tion or expenditure except in compliance with budget of the President under section 1105(a) of CURRENT SURVEYS AND PROGRAMS the procedures set forth in that section: Pro- title 31, United States Code) an estimate for For necessary expenses for collecting, com- vided further, That any amounts reprogrammed each National Institute of Standards and Tech- piling, analyzing, preparing and publishing sta- in accordance with the preceding proviso shall nology construction project having a total tistics, provided for by law, $266,000,000: Pro- be transferred to the United States Patent and multi-year program cost of more than $5,000,000, vided, That, from amounts provided herein, Trademark Office ‘‘Salaries and Expenses’’ ac- and simultaneously the budget justification ma- funds may be used for promotion, outreach, and count: Provided further, That from amounts terials shall include an estimate of the budg- marketing activities. provided herein, not to exceed $900 shall be etary requirements for each such project for PERIODIC CENSUSES AND PROGRAMS made available in fiscal year 2016 for official re- each of the 5 subsequent fiscal years. For necessary expenses for collecting, com- ception and representation expenses: Provided NATIONAL OCEANIC AND ATMOSPHERIC piling, analyzing, preparing and publishing sta- further, That in fiscal year 2016 from the ADMINISTRATION amounts made available for ‘‘Salaries and Ex- tistics for periodic censuses and programs pro- OPERATIONS, RESEARCH, AND FACILITIES vided for by law, $862,000,000, to remain avail- penses’’ for the USPTO, the amounts necessary (INCLUDING TRANSFER OF FUNDS) able until September 30, 2017: Provided, That, to pay (1) the difference between the percentage from amounts provided herein, funds may be of basic pay contributed by the USPTO and em- For necessary expenses of activities author- used for promotion, outreach, and marketing ac- ployees under section 8334(a) of title 5, United ized by law for the National Oceanic and At- tivities: Provided further, That within the States Code, and the normal cost percentage (as mospheric Administration, including mainte- amounts appropriated, $1,551,000 shall be trans- defined by section 8331(17) of that title) as pro- nance, operation, and hire of aircraft and ves- ferred to the ‘‘Office of Inspector General’’ ac- vided by the Office of Personnel Management sels; grants, contracts, or other payments to count for activities associated with carrying out (OPM) for USPTO’s specific use, of basic pay, nonprofit organizations for the purposes of con- investigations and audits related to the Bureau of employees subject to subchapter III of chapter ducting activities pursuant to cooperative agree- of the Census. 83 of that title, and (2) the present value of the ments; and relocation of facilities, $3,242,723,000, otherwise unfunded accruing costs, as deter- to remain available until September 30, 2017, ex- NATIONAL TELECOMMUNICATIONS AND mined by OPM for USPTO’s specific use of post- cept that funds provided for cooperative en- INFORMATION ADMINISTRATION retirement life insurance and post-retirement forcement shall remain available until Sep- SALARIES AND EXPENSES health benefits coverage for all USPTO employ- tember 30, 2018: Provided, That fees and dona- For necessary expenses, as provided for by ees who are enrolled in Federal Employees tions received by the National Ocean Service for law, of the National Telecommunications and Health Benefits (FEHB) and Federal Employees the management of national marine sanctuaries Information Administration (NTIA), $38,200,000, Group Life Insurance (FEGLI), shall be trans- may be retained and used for the salaries and to remain available until September 30, 2017: ferred to the Civil Service Retirement and Dis- expenses associated with those activities, not- Provided, That, notwithstanding 31 U.S.C. ability Fund, the FEGLI Fund, and the FEHB withstanding section 3302 of title 31, United 1535(d), the Secretary of Commerce shall charge Fund, as appropriate, and shall be available for States Code: Provided further, That in addition, Federal agencies for costs incurred in spectrum the authorized purposes of those accounts: Pro- $130,164,000 shall be derived by transfer from the management, analysis, operations, and related vided further, That any differences between the fund entitled ‘‘Promote and Develop Fishery

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Projects, Interjurisdictional Fisheries Grants, disbursed to States shall be subject to a match- SEC. 105. Notwithstanding any other provision and Fish Information Networks: Provided fur- ing requirement of funds or documented in-kind of law, the Secretary may furnish services (in- ther, That of the $3,390,387,000 provided for in contributions of at least 33 percent of the Fed- cluding but not limited to utilities, telecommuni- direct obligations under this heading, eral funds. cations, and security services) necessary to sup- $3,242,723,000 is appropriated from the general FISHERMEN’S CONTINGENCY FUND port the operation, maintenance, and improve- fund, $130,164,000 is provided by transfer and For carrying out the provisions of title IV of ment of space that persons, firms, or organiza- $17,500,000 is derived from recoveries of prior Public Law 95–372, not to exceed $350,000, to be tions are authorized, pursuant to the Public year obligations: Provided further, That the Buildings Cooperative Use Act of 1976 or other total amount available for National Oceanic derived from receipts collected pursuant to that Act, to remain available until expended. authority, to use or occupy in the Herbert C. and Atmospheric Administration corporate serv- Hoover Building, Washington, DC, or other FISHERIES FINANCE PROGRAM ACCOUNT ices administrative support costs shall not ex- buildings, the maintenance, operation, and pro- ceed $222,523,000: Provided further, That any Subject to section 502 of the Congressional tection of which has been delegated to the Sec- deviation from the amounts designated for spe- Budget Act of 1974, during fiscal year 2016, obli- retary from the Administrator of General Serv- cific activities in the report accompanying this gations of direct loans may not exceed ices pursuant to the Federal Property and Ad- Act, or any use of deobligated balances of funds $24,000,000 for Individual Fishing Quota loans ministrative Services Act of 1949 on a reimburs- provided under this heading in previous years, and not to exceed $100,000,000 for traditional di- able or non-reimbursable basis. Amounts re- shall be subject to the procedures set forth in rect loans as authorized by the Merchant Ma- ceived as reimbursement for services provided section 505 of this Act: Provided further, That in rine Act of 1936. under this section or the authority under which addition, for necessary retired pay expenses DEPARTMENTAL MANAGEMENT the use or occupancy of the space is authorized, under the Retired Serviceman’s Family Protec- up to $200,000, shall be credited to the appro- tion and Survivor Benefits Plan, and for pay- SALARIES AND EXPENSES priation or fund which initially bears the costs ments for the medical care of retired personnel For necessary expenses for the management of of such services. and their dependents under the Dependents the Department of Commerce provided for by Medical Care Act (10 U.S.C. 55), such sums as law, including not to exceed $4,500 for official SEC. 106. Nothing in this title shall be con- may be necessary. reception and representation, $56,000,000: Pro- strued to prevent a grant recipient from deter- ring child pornography, copyright infringement, PROCUREMENT, ACQUISITION AND CONSTRUCTION vided, That within amounts provided, the Sec- retary of Commerce may use up to $2,500,000 to or any other unlawful activity over its net- For procurement, acquisition and construction engage in activities to provide businesses and works. of capital assets, including alteration and modi- communities with information about and refer- SEC. 107. The Administrator of the National fication costs, of the National Oceanic and At- rals to relevant Federal, State, and local govern- Oceanic and Atmospheric Administration is au- mospheric Administration, $2,079,494,000, to re- ment programs. thorized to use, with their consent, with reim- main available until September 30, 2018, except bursement and subject to the limits of available that funds provided for acquisition and con- OFFICE OF INSPECTOR GENERAL appropriations, the land, services, equipment, struction of vessels and construction of facilities For necessary expenses of the Office of In- personnel, and facilities of any department, shall remain available until expended: Provided, spector General in carrying out the provisions of agency, or instrumentality of the United States, That of the $2,092,494,000 provided for in direct the Inspector General Act of 1978 (5 U.S.C. or of any State, local government, Indian tribal obligations under this heading, $2,079,494,000 is App.), $30,596,000. government, Territory, or possession, or of any appropriated from the general fund and GENERAL PROVISIONS—DEPARTMENT OF political subdivision thereof, or of any foreign $13,000,000 is provided from recoveries of prior COMMERCE government or international organization, for year obligations: Provided further, That any de- SEC. 101. During the current fiscal year, appli- purposes related to carrying out the responsibil- viation from the amounts designated for specific cable appropriations and funds made available ities of any statute administered by the National activities in the report accompanying this Act, to the Department of Commerce by this Act shall Oceanic and Atmospheric Administration. or any use of deobligated balances of funds pro- be available for the activities specified in the vided under this heading in previous years, SEC. 108. Notwithstanding section 14 of the Act of October 26, 1949 (15 U.S.C. 1514), to the Act of June 18, 1934 (commonly known as the shall be subject to the procedures set forth in extent and in the manner prescribed by the Act, section 505 of this Act: Provided further, That ‘‘Foreign Trade Zones Act’’) (48 Stat. 998, chap- and, notwithstanding 31 U.S.C. 3324, may be ter 590; 19 U.S.C. 81n), none of the funds pro- the Secretary of Commerce shall include in used for advanced payments not otherwise au- budget justification materials that the Secretary vided for in this Act, or any other appropria- thorized only upon the certification of officials tions Act, for the Department of Commerce shall submits to Congress in support of the Depart- designated by the Secretary of Commerce that ment of Commerce budget (as submitted with the be available to enforce or carry out any activi- such payments are in the public interest. ties under 15 CFR 400.43. budget of the President under section 1105(a) of SEC. 102. During the current fiscal year, ap- SEC. 109. (a) None of the funds made available title 31, United States Code) an estimate for propriations made available to the Department by this Act or any other appropriations Act may each National Oceanic and Atmospheric Admin- of Commerce by this Act for salaries and ex- be used by the Secretary of Commerce to manage istration procurement, acquisition or construc- penses shall be available for hire of passenger fisheries in the Gulf of Mexico unless such man- tion project having a total of more than motor vehicles as authorized by 31 U.S.C. 1343 agement is subject to the boundaries for coastal $5,000,000 and simultaneously the budget jus- and 1344; services as authorized by 5 U.S.C. States set out under subsection (b). tification shall include an estimate of the budg- 3109; and uniforms or allowances therefor, as etary requirements for each such project for authorized by law (5 U.S.C. 5901–5902). (b) Notwithstanding any other provision of each of the 5 subsequent fiscal years: Provided SEC. 103. Not to exceed 5 percent of any ap- law, for the purpose of fisheries management further, That, within the amounts appropriated, propriation made available for the current fiscal the seaward boundary of a coastal State in the $1,302,000 shall be transferred to the ‘‘Office of year for the Department of Commerce in this Act Gulf of Mexico is a line 9 nautical miles seaward Inspector General’’ account for activities associ- may be transferred between such appropria- from the baseline from which the territorial sea ated with carrying out investigations and audits tions, but no such appropriation shall be in- of the United States is measured. related to satellite procurement, acquisition and creased by more than 10 percent by any such SEC. 110. The National Technical Information construction. transfers: Provided, That any transfer pursuant Service shall not charge any customer for a copy PACIFIC COASTAL SALMON RECOVERY to this section shall be treated as a reprogram- of any report or document generated by the Leg- For necessary expenses associated with the ming of funds under section 505 of this Act and islative Branch unless the Service has provided restoration of Pacific salmon populations, shall not be available for obligation or expendi- information to the customer on how an elec- $65,000,000, to remain available until September ture except in compliance with the procedures tronic copy of such report or document may be 30, 2017: Provided, That, of the funds provided set forth in that section: Provided further, That accessed and downloaded for free online. herein, the Secretary of Commerce may issue the Secretary of Commerce shall notify the Com- Should a customer still require the Service to grants to the States of Washington, Oregon, mittees on Appropriations at least 15 days in ad- provide a printed or digital copy of the report or Idaho, Nevada, California, and Alaska, and to vance of the acquisition or disposal of any cap- document, the charge shall be limited to recov- the Federally recognized tribes of the Columbia ital asset (including land, structures and equip- ering the Service’s cost of processing, reproduc- River and Pacific Coast (including Alaska), for ment) not specifically provided for in this Act or ing, and delivering such report or document. projects necessary for conservation of salmon any other law appropriating funds for the De- SEC. 111. To carry out the responsibilities of and steelhead populations that are listed as partment of Commerce. the National Oceanic and Atmospheric Adminis- threatened or endangered, or that are identified SEC. 104. The requirements set forth by section tration (NOAA), the Administrator of NOAA is by a State as at-risk to be so listed, for main- 105 of the Commerce, Justice, Science, and Re- authorized to: (1) enter into grants and coopera- taining populations necessary for exercise of lated Agencies Appropriations Act, 2012 (Public tive agreements with; (2) use on a non-reimburs- tribal treaty fishing rights or native subsistence Law 112–55), as amended by section 105 of title able basis land, services, equipment, personnel, fishing, or for conservation of Pacific coastal I of division B of Public Law 113–6, are hereby and facilities provided by; and (3) receive and salmon and steelhead habitat, based on guide- adopted by reference and made applicable with expend funds made available on a consensual

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basis from: a Federal agency, State or subdivi- LEGAL ACTIVITIES rived from the United States Trustee System sion thereof, local government, tribal govern- SALARIES AND EXPENSES, GENERAL LEGAL Fund: Provided, That, notwithstanding any ment, territory, or possession or any subdivi- ACTIVITIES other provision of law, deposits to the Fund sions thereof: Provided, That funds received for For expenses necessary for the legal activities shall be available in such amounts as may be permitting and related regulatory activities pur- of the Department of Justice, not otherwise pro- necessary to pay refunds due depositors: Pro- suant to this section shall be deposited under vided for, including not to exceed $20,000 for ex- vided further, That, notwithstanding any other the heading ‘‘National Oceanic and Atmos- penses of collecting evidence, to be expended provision of law, $162,000,000 of offsetting collec- pheric Administration—Operations, Research, under the direction of, and to be accounted for tions pursuant to section 589a(b) of title 28, and Facilities’’ and shall remain available until solely under the certificate of, the Attorney United States Code, shall be retained and used September 30, 2018 for such purposes: Provided General; and rent of private or Government- for necessary expenses in this appropriation and further, That all funds within this section and owned space in the District of Columbia, shall remain available until expended: Provided their corresponding uses are subject to section $885,000,000, of which not to exceed $20,000,000 further, That the sum herein appropriated from 505 of this Act. for litigation support contracts shall remain the Fund shall be reduced as such offsetting col- SEC. 112. The Secretary of Commerce may available until expended: Provided, That of the lections are received during fiscal year 2016, so waive the requirement for bonds under 40 U.S.C. amount provided for INTERPOL Washington as to result in a final fiscal year 2016 appropria- 3131 with respect to contracts for the construc- dues payments, not to exceed $685,000 shall re- tion from the Fund estimated at $63,908,000. tion, alteration, or repair of vessels, regardless main available until expended: Provided fur- SALARIES AND EXPENSES, FOREIGN CLAIMS of the terms of the contracts as to payment or ther, That of the total amount appropriated, not SETTLEMENT COMMISSION title, when the contract is made under the Coast to exceed $9,000 shall be available to INTERPOL For expenses necessary to carry out the activi- and Geodetic Survey Act of 1947 (33 U.S.C. 883a Washington for official reception and represen- ties of the Foreign Claims Settlement Commis- et seq.). tation expenses: Provided further, That not- sion, including services as authorized by section SEC. 113. Amounts provided by this Act or by withstanding section 205 of this Act, upon a de- 3109 of title 5, United States Code, $2,374,000. any prior appropriations Act that remain avail- termination by the Attorney General that emer- FEES AND EXPENSES OF WITNESSES able for obligation, for necessary expenses of the gent circumstances require additional funding For fees and expenses of witnesses, for ex- programs of the Economics and Statistics Ad- for litigation activities of the Civil Division, the penses of contracts for the procurement and su- ministration of the Department of Commerce, in- Attorney General may transfer such amounts to pervision of expert witnesses, for private counsel cluding amounts provided for programs of the ‘‘Salaries and Expenses, General Legal Activi- expenses, including advances, and for expenses Bureau of Economic Analysis and the U.S. Cen- ties’’ from available appropriations for the cur- of foreign counsel, $270,000,000, to remain avail- sus Bureau, shall be available for expenses of rent fiscal year for the Department of Justice, as able until expended, of which not to exceed cooperative agreements with appropriate enti- may be necessary to respond to such cir- $16,000,000 is for construction of buildings for ties, including any Federal, State, or local gov- cumstances: Provided further, That any transfer protected witness safesites; not to exceed ernmental unit, or institution of higher edu- pursuant to the preceding proviso shall be treat- $3,000,000 is for the purchase and maintenance cation, to aid and promote statistical, research, ed as a reprogramming under section 505 of this of armored and other vehicles for witness secu- and methodology activities which further the Act and shall not be available for obligation or rity caravans; and not to exceed $13,000,000 is purposes for which such amounts have been expenditure except in compliance with the pro- for the purchase, installation, maintenance, and made available. cedures set forth in that section: Provided fur- upgrade of secure telecommunications equip- This title may be cited as the ‘‘Department of ther, That of the amount appropriated, such ment and a secure automated information net- Commerce Appropriations Act, 2016’’. sums as may be necessary shall be available to work to store and retrieve the identities and lo- the Civil Rights Division for salaries and ex- TITLE II cations of protected witnesses: Provided, That penses associated with the election monitoring amounts made under this heading may not be DEPARTMENT OF JUSTICE program under section 8 of the Voting Rights transferred pursuant to section 205 of this Act. GENERAL ADMINISTRATION Act of 1965 (52 U.S.C. 10305) and to reimburse SALARIES AND EXPENSES, COMMUNITY RELATIONS SALARIES AND EXPENSES the Office of Personnel Management for such salaries and expenses: Provided further, That of SERVICE For expenses necessary for the administration the amounts provided under this heading for the For necessary expenses of the Community Re- of the Department of Justice, $109,000,000, of election monitoring program, $3,390,000 shall re- lations Service, $14,446,000: Provided, That not- which not to exceed $4,000,000 for security and main available until expended. withstanding section 205 of this Act, upon a de- construction of Department of Justice facilities In addition, for reimbursement of expenses of termination by the Attorney General that emer- shall remain available until expended. the Department of Justice associated with proc- gent circumstances require additional funding JUSTICE INFORMATION SHARING TECHNOLOGY essing cases under the National Childhood Vac- for conflict resolution and violence prevention For necessary expenses for information shar- cine Injury Act of 1986, not to exceed $9,358,000, activities of the Community Relations Service, ing technology, including planning, develop- to be appropriated from the Vaccine Injury the Attorney General may transfer such ment, deployment and departmental direction, Compensation Trust Fund. amounts to the Community Relations Service, $25,842,000, to remain available until expended: SALARIES AND EXPENSES, ANTITRUST DIVISION from available appropriations for the current Provided, That the Attorney General may trans- For expenses necessary for the enforcement of fiscal year for the Department of Justice, as may fer up to $34,400,000 to this account, from funds antitrust and kindred laws, $162,246,000, to re- be necessary to respond to such circumstances: made available to the Department of Justice in main available until expended: Provided, That Provided further, That any transfer pursuant to this Act for information technology, to remain notwithstanding any other provision of law, the preceding proviso shall be treated as a re- available until expended, for enterprise-wide in- fees collected for premerger notification filings programming under section 505 of this Act and formation technology initiatives: Provided fur- under the Hart-Scott-Rodino Antitrust Improve- shall not be available for obligation or expendi- ther, That the transfer authority in the pre- ments Act of 1976 (15 U.S.C. 18a), regardless of ture except in compliance with the procedures ceding proviso is in addition to any other trans- the year of collection (and estimated to be set forth in that section. fer authority contained in this Act. $124,000,000 in fiscal year 2016), shall be re- ASSETS FORFEITURE FUND tained and used for necessary expenses in this ADMINISTRATIVE REVIEW AND APPEALS For expenses authorized by subparagraphs appropriation, and shall remain available until (B), (F), and (G) of section 524(c)(1) of title 28, (INCLUDING TRANSFER OF FUNDS) expended: Provided further, That the sum here- United States Code, $20,514,000, to be derived For expenses necessary for the administration in appropriated from the general fund shall be from the Department of Justice Assets Forfeiture of pardon and clemency petitions and immigra- reduced as such offsetting collections are re- Fund. tion-related activities, $411,072,000, of which ceived during fiscal year 2016, so as to result in UNITED STATES MARSHALS SERVICE a final fiscal year 2016 appropriation from the $4,000,000 shall be derived by transfer from the SALARIES AND EXPENSES Executive Office for Immigration Review fees de- general fund estimated at $38,246,000. For necessary expenses of the United States posited in the ‘‘Immigration Examinations Fee’’ SALARIES AND EXPENSES, UNITED STATES Marshals Service, $1,195,000,000, of which not to account: Provided, That, of the amount avail- ATTORNEYS able for the Executive Office for Immigration exceed $6,000 shall be available for official re- For necessary expenses of the Offices of the ception and representation expenses, and not to Review, not to exceed $15,000,000 shall remain United States Attorneys, including inter-govern- available until expended. exceed $15,000,000 shall remain available until mental and cooperative agreements, expended. OFFICE OF INSPECTOR GENERAL $1,973,000,000: Provided, That of the total CONSTRUCTION amount appropriated, not to exceed $7,200 shall For necessary expenses of the Office of In- For construction in space controlled, occupied spector General, $89,000,000, including not to ex- be available for official reception and represen- tation expenses: Provided further, That not to or utilized by the United States Marshals Serv- ceed $10,000 to meet unforeseen emergencies of a ice for prisoner holding and related support, confidential character. exceed $25,000,000 shall remain available until expended. $9,800,000, to remain available until expended. UNITED STATES PAROLE COMMISSION UNITED STATES TRUSTEE SYSTEM FUND FEDERAL PRISONER DETENTION SALARIES AND EXPENSES For necessary expenses of the United States (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the United States Trustee Program, as authorized, $225,908,000, to For necessary expenses related to United Parole Commission as authorized, $13,308,000. remain available until expended and to be de- States prisoners in the custody of the United

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 6333 E:\CR\FM\A15JN6.001 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE S3884 CONGRESSIONAL RECORD — SENATE June 15, 2016 States Marshals Service as authorized by section conducting drug education and training pro- 1345 of title 31, United States Code, or any other 4013 of title 18, United States Code, grams, including travel and related expenses for provision of law, up to $540,000 may be used to $1,454,414,000, to remain available until ex- participants in such programs and the distribu- pay expenses associated with reentry programs pended: Provided, That not to exceed $20,000,000 tion of items of token value that promote the to assist inmates in preparation for successful shall be considered ‘‘funds appropriated for goals of such programs, $2,033,320,000; of which return to the community, including prison insti- State and local law enforcement assistance’’ not to exceed $75,000,000 shall remain available tution and Residential Reentry Center programs pursuant to section 4013(b) of title 18, United until expended and not to exceed $90,000 shall that involve inmates’ family members and sig- States Code: Provided further, That the United be available for official reception and represen- nificant others, community sponsors, and volun- States Marshals Service shall be responsible for tation expenses. teers. managing the Justice Prisoner and Alien Trans- BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND BUILDINGS AND FACILITIES portation System: Provided further, That any EXPLOSIVES For planning, acquisition of sites and con- unobligated balances available from funds ap- SALARIES AND EXPENSES struction of new facilities; purchase and acqui- propriated under the heading ‘‘General Admin- For necessary expenses of the Bureau of Alco- sition of facilities and remodeling, and equip- istration, Detention Trustee’’ shall be trans- hol, Tobacco, Firearms and Explosives, for ping of such facilities for penal and correctional ferred to and merged with the appropriation training of State and local law enforcement use, including all necessary expenses incident under this heading. agencies with or without reimbursement, includ- thereto, by contract or force account; and con- NATIONAL SECURITY DIVISION ing training in connection with the training and structing, remodeling, and equipping necessary SALARIES AND EXPENSES acquisition of canines for explosives and fire buildings and facilities at existing penal and For expenses necessary to carry out the activi- accelerants detection; and for provision of lab- correctional institutions, including all necessary ties of the National Security Division, oratory assistance to State and local law en- expenses incident thereto, by contract or force $93,000,000, of which not to exceed $5,000,000 for forcement agencies, with or without reimburse- account, $106,000,000, to remain available until information technology systems shall remain ment, $1,201,000,000, of which not to exceed expended, and of which not less than $81,000,000 available until expended: Provided, That not- $36,000 shall be for official reception and rep- shall be available only for modernization, main- withstanding section 205 of this Act, upon a de- resentation expenses, not to exceed $1,000 shall tenance and repair, and of which not to exceed termination by the Attorney General that emer- be available for the payment of attorneys’ fees $14,000,000 shall be available to construct areas gent circumstances require additional funding as provided by section 924(d)(2) of title 18, for inmate work programs: Provided, That labor for the activities of the National Security Divi- United States Code, and not to exceed of United States prisoners may be used for work sion, the Attorney General may transfer such $20,000,000 shall remain available until ex- performed under this appropriation. amounts to this heading from available appro- pended: Provided, That none of the funds ap- FEDERAL PRISON INDUSTRIES, INCORPORATED priations for the current fiscal year for the De- propriated herein shall be available to inves- The Federal Prison Industries, Incorporated, partment of Justice, as may be necessary to re- tigate or act upon applications for relief from is hereby authorized to make such expenditures spond to such circumstances: Provided further, Federal firearms disabilities under section 925(c) within the limits of funds and borrowing au- That any transfer pursuant to the preceding of title 18, United States Code: Provided further, thority available, and in accord with the law, proviso shall be treated as a reprogramming That such funds shall be available to investigate and to make such contracts and commitments under section 505 of this Act and shall not be and act upon applications filed by corporations without regard to fiscal year limitations as pro- available for obligation or expenditure except in for relief from Federal firearms disabilities vided by section 9104 of title 31, United States compliance with the procedures set forth in that under section 925(c) of title 18, United States Code, as may be necessary in carrying out the section. Code: Provided further, That no funds made program set forth in the budget for the current INTERAGENCY LAW ENFORCEMENT available by this or any other Act may be used fiscal year for such corporation. to transfer the functions, missions, or activities INTERAGENCY CRIME AND DRUG ENFORCEMENT of the Bureau of Alcohol, Tobacco, Firearms LIMITATION ON ADMINISTRATIVE EXPENSES, For necessary expenses for the identification, and Explosives to other agencies or Depart- FEDERAL PRISON INDUSTRIES, INCORPORATED investigation, and prosecution of individuals as- ments. Not to exceed $2,700,000 of the funds of the sociated with the most significant drug traf- FEDERAL PRISON SYSTEM Federal Prison Industries, Incorporated, shall ficking and affiliated money laundering organi- be available for its administrative expenses, and SALARIES AND EXPENSES zations not otherwise provided for, to include for services as authorized by section 3109 of title inter-governmental agreements with State and (INCLUDING TRANSFER OF FUNDS) 5, United States Code, to be computed on an ac- local law enforcement agencies engaged in the For necessary expenses of the Federal Prison crual basis to be determined in accordance with investigation and prosecution of individuals in- System for the administration, operation, and the corporation’s current prescribed accounting volved in organized crime drug trafficking, maintenance of Federal penal and correctional system, and such amounts shall be exclusive of $507,194,000, of which $50,000,000 shall remain institutions, and for the provision of technical depreciation, payment of claims, and expendi- available until expended: Provided, That any assistance and advice on corrections related tures which such accounting system requires to amounts obligated from appropriations under issues to foreign governments, $6,848,000,000: be capitalized or charged to cost of commodities this heading may be used under authorities Provided, That the Attorney General may trans- acquired or produced, including selling and available to the organizations reimbursed from fer to the Department of Health and Human shipping expenses, and expenses in connection this appropriation. Services such amounts as may be necessary for with acquisition, construction, operation, main- FEDERAL BUREAU OF INVESTIGATION direct expenditures by that Department for med- tenance, improvement, protection, or disposition ical relief for inmates of Federal penal and cor- of facilities and other property belonging to the SALARIES AND EXPENSES rectional institutions: Provided further, That corporation or in which it has an interest. For necessary expenses of the Federal Bureau the Director of the Federal Prison System, STATE AND LOCAL LAW ENFORCEMENT of Investigation for detection, investigation, and where necessary, may enter into contracts with ACTIVITIES prosecution of crimes against the United States, a fiscal agent or fiscal intermediary claims proc- OFFICE ON VIOLENCE AGAINST WOMEN $8,433,492,000, of which not to exceed essor to determine the amounts payable to per- $216,900,000 shall remain available until ex- sons who, on behalf of the Federal Prison Sys- VIOLENCE AGAINST WOMEN PREVENTION AND pended: Provided, That not to exceed $184,500 tem, furnish health services to individuals com- PROSECUTION PROGRAMS shall be available for official reception and rep- mitted to the custody of the Federal Prison Sys- For grants, contracts, cooperative agreements, resentation expenses. tem: Provided further, That not to exceed $5,400 and other assistance for the prevention and CONSTRUCTION shall be available for official reception and rep- prosecution of violence against women, as au- For necessary expenses, to include the cost of resentation expenses: Provided further, That not thorized by the Omnibus Crime Control and Safe equipment, furniture, and information tech- to exceed $50,000,000 shall remain available for Streets Act of 1968 (42 U.S.C. 3711 et seq.) (‘‘the nology requirements, related to construction or necessary operations until September 30, 2017: 1968 Act’’); the Violent Crime Control and Law acquisition of buildings, facilities and sites by Provided further, That, of the amounts provided Enforcement Act of 1994 (Public Law 103–322) purchase, or as otherwise authorized by law; for contract confinement, not to exceed (‘‘the 1994 Act’’); the Victims of Child Abuse Act conversion, modification and extension of Fed- $20,000,000 shall remain available until ex- of 1990 (Public Law 101–647) (‘‘the 1990 Act’’); erally-owned buildings; preliminary planning pended to make payments in advance for grants, the Prosecutorial Remedies and Other Tools to and design of projects; and operation and main- contracts and reimbursable agreements, and end the Exploitation of Children Today Act of tenance of secure work environment facilities other expenses: Provided further, That the Di- 2003 (Public Law 108–21); the Juvenile Justice and secure networking capabilities; $108,982,000, rector of the Federal Prison System may accept and Delinquency Prevention Act of 1974 (42 to remain available until expended. donated property and services relating to the U.S.C. 5601 et seq.) (‘‘the 1974 Act’’); the Victims operation of the prison card program from a of Trafficking and Violence Protection Act of DRUG ENFORCEMENT ADMINISTRATION not-for-profit entity which has operated such 2000 (Public Law 106–386) (‘‘the 2000 Act’’); the SALARIES AND EXPENSES program in the past, notwithstanding the fact Violence Against Women and Department of For necessary expenses of the Drug Enforce- that such not-for-profit entity furnishes services Justice Reauthorization Act of 2005 (Public Law ment Administration, including not to exceed under contracts to the Federal Prison System re- 109–162) (‘‘the 2005 Act’’); and the Violence $70,000 to meet unforeseen emergencies of a con- lating to the operation of pre-release services, Against Women Reauthorization Act of 2013 fidential character pursuant to section 530C of halfway houses, or other custodial facilities: (Public Law 113–4) (‘‘the 2013 Act’’); and for re- title 28, United States Code; and expenses for Provided further, That, notwithstanding section lated victims services, $479,000,000, to remain

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 6333 E:\CR\FM\A15JN6.001 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE June 15, 2016 CONGRESSIONAL RECORD — SENATE S3885 available until expended, of which $245,000,000 (15) $500,000 is for a national clearinghouse $1,009,000,000, to remain available until ex- shall be derived by transfer from amounts avail- that provides training and technical assistance pended as follows— able for obligation in this Act from the Fund es- on issues relating to sexual assault of American (1) $382,000,000 for the Edward Byrne Memo- tablished by section 1402 of chapter XIV of title Indian and Alaska Native women; and rial Justice Assistance Grant program as author- II of Public Law 98–473 (42 U.S.C. 10601), not- (16) $5,000,000 is for grants to assist tribal gov- ized by subpart 1 of part E of title I of the 1968 withstanding section 1402(d) of such Act of 1984: ernments in exercising special domestic violence Act (except that section 1001(c), and the special Provided, That except as otherwise provided by criminal jurisdiction, as authorized by section rules for Puerto Rico under section 505(g) of title law, not to exceed 5 percent of funds made 904 of the 2013 Act: Provided, That the grant I of the 1968 Act shall not apply for purposes of available under this heading may be used for conditions in section 40002(b) of the 1994 Act this Act), of which, notwithstanding such sub- expenses related to evaluation, training, and shall apply to this program. part 1, $15,000,000 is for a Preventing Violence technical assistance: Provided further, That of OFFICE OF JUSTICE PROGRAMS Against Law Enforcement Officer Resilience the amount provided— and Survivability Initiative (VALOR), RESEARCH, EVALUATION AND STATISTICS (1) $215,000,000 is for grants to combat violence $10,000,000 is for an initiative to support evi- against women, as authorized by part T of the For grants, contracts, cooperative agreements, dence-based policing, $2,500,000 is for an initia- 1968 Act; and other assistance authorized by title I of the tive to enhance prosecutorial decision-making, (2) $30,000,000 is for transitional housing as- Omnibus Crime Control and Safe Streets Act of $15,000,000 is for an Edward Byrne Memorial sistance grants for victims of domestic violence, 1968 (‘‘the 1968 Act’’); the Juvenile Justice and criminal justice innovation program, $20,000,000 dating violence, stalking, or sexual assault as Delinquency Prevention Act of 1974 (‘‘the 1974 is for a competitive matching grant program for authorized by section 40299 of the 1994 Act; Act’’); the Missing Children’s Assistance Act (42 purchases of body-worn cameras for State, local (3) $3,000,000 is for the National Institute of U.S.C. 5771 et seq.); the Prosecutorial Remedies and tribal law enforcement, and $2,400,000 is for Justice for research and evaluation of violence and Other Tools to end the Exploitation of Chil- the operationalization, maintenance and expan- against women and related issues addressed by dren Today Act of 2003 (Public Law 108–21); the sion of the National Missing and Unidentified grant programs of the Office on Violence Justice for All Act of 2004 (Public Law 108–405); Persons System; Against Women, which shall be transferred to the Violence Against Women and Department of (2) $75,000,000 for the State Criminal Alien As- ‘‘Research, Evaluation and Statistics’’ for ad- Justice Reauthorization Act of 2005 (Public Law sistance Program, as authorized by section ministration by the Office of Justice Programs; 109–162) (‘‘the 2005 Act’’); the Victims of Child 241(i)(5) of the Immigration and Nationality Act (4) $11,000,000 is for a grant program to pro- Abuse Act of 1990 (Public Law 101–647); the Sec- (8 U.S.C. 1231(i)(5)): Provided, That no jurisdic- vide services to advocate for and respond to ond Chance Act of 2007 (Public Law 110–199); tion shall request compensation for any cost youth victims of domestic violence, dating vio- the Victims of Crime Act of 1984 (Public Law 98– greater than the actual cost for Federal immi- lence, sexual assault, and stalking; assistance to 473); the Adam Walsh Child Protection and gration and other detainees housed in State and children and youth exposed to such violence; Safety Act of 2006 (Public Law 109–248) (‘‘the local detention facilities; programs to engage men and youth in pre- Adam Walsh Act’’); the PROTECT Our Chil- (3) $41,000,000 for Drug Courts, as authorized venting such violence; and assistance to middle dren Act of 2008 (Public Law 110–401); subtitle D by section 1001(a)(25)(A) of title I of the 1968 and high school students through education of title II of the Homeland Security Act of 2002 Act; and other services related to such violence: Pro- (Public Law 107–296) (‘‘the 2002 Act’’); the NICS (4) $10,000,000 for mental health courts and vided, That unobligated balances available for Improvement Amendments Act of 2007 (Public adult and juvenile collaboration program the programs authorized by sections 41201, Law 110–180); the Violence Against Women Re- grants, as authorized by parts V and HH of title 41204, 41303 and 41305 of the 1994 Act, prior to authorization Act of 2013 (Public Law 113–4) I of the 1968 Act, and the Mentally Ill Offender its amendment by the 2013 Act, shall be avail- (‘‘the 2013 Act’’); and other programs, Treatment and Crime Reduction Reauthoriza- able for this program: Provided further, That 10 $117,000,000, to remain available until expended, tion and Improvement Act of 2008 (Public Law percent of the total amount available for this of which— 110–416); grant program shall be available for grants (1) $41,000,000 is for criminal justice statistics (5) $12,000,000 for grants for Residential Sub- under the program authorized by section 2015 of programs, and other activities, as authorized by stance Abuse Treatment for State Prisoners, as the 1968 Act: Provided further, That the defini- part C of title I of the 1968 Act; authorized by part S of title I of the 1968 Act; tions and grant conditions in section 40002 of (2) $36,000,000 is for research, development, (6) $4,000,000 for the Capital Litigation Im- the 1994 Act shall apply to this program; and evaluation programs, and other activities as provement Grant Program, as authorized by sec- (5) $51,000,000 is for grants to encourage arrest authorized by part B of title I of the 1968 Act tion 426 of Public Law 108–405, and for grants policies as authorized by part U of the 1968 Act, and subtitle D of title II of the 2002 Act; for wrongful conviction review; of which $4,000,000 is for a homicide reduction (3) $35,000,000 is for regional information (7) $13,000,000 for economic, high technology initiative; sharing activities, as authorized by part M of and Internet crime prevention grants, including (6) $35,000,000 is for sexual assault victims as- title I of the 1968 Act; and as authorized by section 401 of Public Law 110– sistance, as authorized by section 41601 of the (4) $5,000,000 is for activities to strengthen and 403, of which not more than $2,500,000 is for in- 1994 Act; enhance the practice of forensic sciences, of tellectual property enforcement grants, includ- (7) $35,000,000 is for rural domestic violence which $4,000,000 is for transfer to the National ing as authorized by Section 401 of Public Law and child abuse enforcement assistance grants, Institute of Standards and Technology to sup- 110–403; as authorized by section 40295 of the 1994 Act; port Scientific Area Committees. (8) $3,000,000 for a student loan repayment as- (8) $20,000,000 is for grants to reduce violent sistance program pursuant to section 952 of Pub- STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE crimes against women on campus, as authorized lic Law 110–315; by section 304 of the 2005 Act; For grants, contracts, cooperative agreements, (9) $20,000,000 for sex offender management (9) $45,000,000 is for legal assistance for vic- and other assistance authorized by the Violent assistance, as authorized by the Adam Walsh tims, as authorized by section 1201 of the 2000 Crime Control and Law Enforcement Act of 1994 Act, and related activities; Act; (Public Law 103–322) (‘‘the 1994 Act’’); the Om- (10) $22,500,000 for the matching grant pro- (10) $5,000,000 is for enhanced training and nibus Crime Control and Safe Streets Act of 1968 gram for law enforcement armor vests, as au- services to end violence against and abuse of (‘‘the 1968 Act’’); the Justice for All Act of 2004 thorized by section 2501 of title I of the 1968 Act: women in later life, as authorized by section (Public Law 108–405); the Victims of Child Abuse Provided, That $1,500,000 is transferred directly 40802 of the 1994 Act; Act of 1990 (Public Law 101–647) (‘‘the 1990 to the National Institute of Standards and (11) $16,000,000 is for grants to support fami- Act’’); the Trafficking Victims Protection Reau- Technology’s Office of Law Enforcement Stand- lies in the justice system, as authorized by sec- thorization Act of 2005 (Public Law 109–164); the ards for research, testing and evaluation pro- tion 1301 of the 2000 Act: Provided, That unobli- Violence Against Women and Department of grams; gated balances available for the programs au- Justice Reauthorization Act of 2005 (Public Law (11) $1,000,000 for the National Sex Offender thorized by section 1301 of the 2000 Act and sec- 109–162) (‘‘the 2005 Act’’); the Adam Walsh Public Website; tion 41002 of the 1994 Act, prior to their amend- Child Protection and Safety Act of 2006 (Public (12) $8,500,000 for competitive and evidence- ment by the 2013 Act, shall be available for this Law 109–248) (‘‘the Adam Walsh Act’’); the Vic- based programs to reduce gun crime and gang program; tims of Trafficking and Violence Protection Act violence; (12) $6,000,000 is for education and training to of 2000 (Public Law 106–386); the NICS Improve- (13) $55,000,000 for grants to States to upgrade end violence against and abuse of women with ment Amendments Act of 2007 (Public Law 110– criminal and mental health records for the Na- disabilities, as authorized by section 1402 of the 180); subtitle D of title II of the Homeland Secu- tional Instant Criminal Background Check Sys- 2000 Act; rity Act of 2002 (Public Law 107–296) (‘‘the 2002 tem, of which no less than $12,000,000 shall be (13) $500,000 is for the National Resource Cen- Act’’); the Second Chance Act of 2007 (Public for grants made under the authorities of the ter on Workplace Responses to assist victims of Law 110–199); the Prioritizing Resources and NICS Improvement Amendments Act of 2007 domestic violence, as authorized by section 41501 Organization for Intellectual Property Act of (Public Law 110–180); of the 1994 Act; 2008 (Public Law 110–403); the Victims of Crime (14) $15,000,000 for Paul Coverdell Forensic (14) $1,000,000 is for analysis and research on Act of 1984 (Public Law 98–473); the Mentally Ill Sciences Improvement Grants under part BB of violence against Indian women, including as Offender Treatment and Crime Reduction Reau- title I of the 1968 Act; authorized by section 904 of the 2005 Act: Pro- thorization and Improvement Act of 2008 (Public (15) $125,000,000 for DNA-related and forensic vided, That such funds may be transferred to Law 110–416); the Violence Against Women Re- programs and activities, of which— ‘‘Research, Evaluation and Statistics’’ for ad- authorization Act of 2013 (Public Law 113–4) (A) $117,000,000 is for a DNA analysis and ca- ministration by the Office of Justice Programs; (‘‘the 2013 Act’’); and other programs, pacity enhancement program and for other

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 6333 E:\CR\FM\A15JN6.001 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE S3886 CONGRESSIONAL RECORD — SENATE June 15, 2016 local, State, and Federal forensic activities, in- technical assistance to assist small, nonprofit (2) $187,000,000 is for grants under section 1701 cluding the purposes authorized under section 2 organizations with the Federal grants process: of title I of the 1968 Act (42 U.S.C. 3796dd) for of the DNA Analysis Backlog Elimination Act of Provided, That of the amounts provided under the hiring and rehiring of additional career law 2000 (Public Law 106–546) (the Debbie Smith this paragraph, $500,000 shall be for a competi- enforcement officers under part Q of such title DNA Backlog Grant Program): Provided, That tive demonstration grant program to support notwithstanding subsection (i) of such section: up to 4 percent of funds made available under emergency planning among State, local and Provided, That, notwithstanding section 1704(c) this paragraph may be used for the purposes de- tribal juvenile justice residential facilities; of such title (42 U.S.C. 3796dd–3(c)), funding for scribed in the DNA Training and Education for (2) $75,000,000 for youth mentoring grants; hiring or rehiring a career law enforcement offi- Law Enforcement, Correctional Personnel, and (3) $40,000,000 for delinquency prevention, as cer may not exceed $125,000 unless the Director Court Officers program (Public Law 108–405, authorized by section 505 of the 1974 Act, of of the Office of Community Oriented Policing section 303); which, pursuant to sections 261 and 262 there- Services grants a waiver from this limitation: (B) $4,000,000 is for the purposes described in of— Provided further, That within the amounts ap- the Kirk Bloodsworth Post-Conviction DNA (A) $10,000,000 shall be for the Tribal Youth propriated under this paragraph, $30,000,000 is Testing Program (Public Law 108–405, section Program; for improving tribal law enforcement, including 412); and (B) $5,000,000 shall be for gang and youth vio- hiring, equipment, training, and anti-meth- (C) $4,000,000 is for Sexual Assault Forensic lence education, prevention and intervention, amphetamine activities: Provided further, That Exam Program grants, including as authorized and related activities; of the amounts appropriated under this para- by section 304 of Public Law 108–405; (4) $68,000,000 for missing and exploited chil- graph, $10,000,000 is for community policing de- (16) $41,000,000 for a grant program for com- dren programs, including as authorized by sec- velopment activities in furtherance of the pur- munity-based sexual assault response reform; tions 404(b) and 405(a) of the 1974 Act (except poses in section 1701: Provided further, That (17) $68,000,000 for offender reentry programs that section 102(b)(4)(B) of the PROTECT Our within the amounts appropriated under this and research, as authorized by the Second Children Act of 2008 (Public Law 110–401) shall paragraph, $10,000,000 is for the collaborative Chance Act of 2007 (Public Law 110–199), with- not apply for purposes of this Act); reform model of technical assistance in further- (5) $500,000 for an Internet site providing in- out regard to the time limitations specified at ance of the purposes in section 1701; section 6(1) of such Act, of which not to exceed formation and resources on children of incarcer- (3) $7,000,000 is for competitive grants to State $6,000,000 is for a program to improve State, ated parents; law enforcement agencies in States with high local, and tribal probation or parole supervision (6) $2,000,000 for competitive grants focusing seizures of precursor chemicals, finished meth- efforts and strategies, and $5,000,000 is for Chil- on girls in the juvenile justice system; and amphetamine, laboratories, and laboratory dren of Incarcerated Parents Demonstrations to (7) $2,500,000 for a program to improve juve- dump seizures: Provided, That funds appro- enhance and maintain parental and family rela- nile indigent defense: priated under this paragraph shall be utilized tionships for incarcerated parents as a reentry Provided, That not more than 10 percent of each for investigative purposes to locate or inves- or recidivism reduction strategy: Provided, That amount may be used for research, evaluation, tigate illicit activities, including precursor diver- up to $7,500,000 of funds made available in this and statistics activities designed to benefit the sion, laboratories, or methamphetamine traf- paragraph may be used for performance-based programs or activities authorized: Provided fur- fickers; and awards for Pay for Success projects, of which ther, That not more than 2 percent of the up to $5,000,000 shall be for Pay for Success pro- amounts designated under paragraphs (1) (4) $7,000,000 is for competitive grants to state- grams implementing the Permanent Supportive through (3) may be used for training and tech- wide law enforcement agencies in States with Housing Model; nical assistance: Provided further, That the two high rates of primary treatment admissions for (18) $5,000,000 for a veterans treatment courts preceding provisos shall not apply to grants and heroin and other opioids: Provided, That these program; projects administered pursuant to sections 261 funds shall be utilized for investigative purposes (19) $7,000,000 for a program to monitor pre- and 262 of the 1974 Act and to missing and ex- to locate or investigate illicit activities, includ- scription drugs and scheduled listed chemical ploited children programs. ing activities related to the distribution of her- products; PUBLIC SAFETY OFFICER BENEFITS oin or unlawful distribution of prescription (20) $22,000,000 for a justice reinvestment ini- opioids, or unlawful heroin and prescription For payments and expenses authorized under tiative, for activities related to criminal justice opioid traffickers through statewide collabora- section 1001(a)(4) of title I of the Omnibus Crime reform and recidivism reduction; tion. Control and Safe Streets Act of 1968, such sums (21) $4,000,000 for additional replication sites as are necessary (including amounts for admin- GENERAL PROVISIONS—DEPARTMENT OF JUSTICE employing the Project HOPE Opportunity Pro- istrative costs), to remain available until ex- bation with Enforcement model implementing SEC. 201. In addition to amounts otherwise pended; and $16,300,000 for payments authorized swift and certain sanctions in probation, and made available in this title for official reception by section 1201(b) of such Act and for edu- for a research project on the effectiveness of the and representation expenses, a total of not to cational assistance authorized by section 1218 of model; and exceed $50,000 from funds appropriated to the (22) $75,000,000 for the Comprehensive School such Act, to remain available until expended: Department of Justice in this title shall be avail- Safety Initiative, and for related hiring: Pro- Provided, That notwithstanding section 205 of able to the Attorney General for official recep- vided, That section 213 of this Act shall not this Act, upon a determination by the Attorney tion and representation expenses. apply with respect to the amount made avail- General that emergent circumstances require ad- SEC. 202. None of the funds appropriated by able in this paragraph: ditional funding for such disability and edu- this title shall be available to pay for an abor- Provided, That, if a unit of local government cation payments, the Attorney General may tion, except where the life of the mother would uses any of the funds made available under this transfer such amounts to ‘‘Public Safety Officer be endangered if the fetus were carried to term, heading to increase the number of law enforce- Benefits’’ from available appropriations for the or in the case of rape: Provided, That should ment officers, the unit of local government will Department of Justice as may be necessary to re- this prohibition be declared unconstitutional by achieve a net gain in the number of law enforce- spond to such circumstances: Provided further, a court of competent jurisdiction, this section ment officers who perform non-administrative That any transfer pursuant to the preceding shall be null and void. public sector safety service. proviso shall be treated as a reprogramming SEC. 203. None of the funds appropriated under section 505 of this Act and shall not be JUVENILE JUSTICE PROGRAMS under this title shall be used to require any per- available for obligation or expenditure except in For grants, contracts, cooperative agreements, son to perform, or facilitate in any way the per- compliance with the procedures set forth in that formance of, any abortion. and other assistance authorized by the Juvenile section. Justice and Delinquency Prevention Act of 1974 SEC. 204. Nothing in the preceding section (‘‘the 1974 Act’’); the Omnibus Crime Control COMMUNITY ORIENTED POLICING SERVICES shall remove the obligation of the Director of the and Safe Streets Act of 1968 (‘‘the 1968 Act’’); COMMUNITY ORIENTED POLICING SERVICES Bureau of Prisons to provide escort services nec- the Violence Against Women and Department of PROGRAMS essary for a female inmate to receive such serv- Justice Reauthorization Act of 2005 (Public Law For activities authorized by the Violent Crime ice outside the Federal facility: Provided, That 109–162) (‘‘the 2005 Act’’); the Missing Children’s Control and Law Enforcement Act of 1994 (Pub- nothing in this section in any way diminishes Assistance Act (42 U.S.C. 5771 et seq.); the Pros- lic Law 103–322); the Omnibus Crime Control the effect of section 203 intended to address the ecutorial Remedies and Other Tools to end the and Safe Streets Act of 1968 (‘‘the 1968 Act’’); philosophical beliefs of individual employees of Exploitation of Children Today Act of 2003 and the Violence Against Women and Depart- the Bureau of Prisons. (Public Law 108–21); the Victims of Child Abuse ment of Justice Reauthorization Act of 2005 SEC. 205. Not to exceed 5 percent of any ap- Act of 1990 (Public Law 101–647) (‘‘the 1990 (Public Law 109–162) (‘‘the 2005 Act’’), propriation made available for the current fiscal Act’’); the Adam Walsh Child Protection and $212,000,000, to remain available until expended: year for the Department of Justice in this Act Safety Act of 2006 (Public Law 109–248) (‘‘the Provided, That any balances made available may be transferred between such appropria- Adam Walsh Act’’); the PROTECT Our Chil- through prior year deobligations shall only be tions, but no such appropriation, except as oth- dren Act of 2008 (Public Law 110–401); the Vio- available in accordance with section 505 of this erwise specifically provided, shall be increased lence Against Women Reauthorization Act of Act: Provided further, That of the amount pro- by more than 10 percent by any such transfers: 2013 (Public Law 113–4) (‘‘the 2013 Act’’); and vided under this heading— Provided, That any transfer pursuant to this other juvenile justice programs, $253,500,000, to (1) $11,000,000 is for anti-methamphetamine- section shall be treated as a reprogramming of remain available until expended as follows— related activities, which shall be transferred to funds under section 505 of this Act and shall not (1) $65,500,000 for programs authorized by sec- the Drug Enforcement Administration upon en- be available for obligation except in compliance tion 221 of the 1974 Act, and for training and actment of this Act; with the procedures set forth in that section.

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SEC. 206. Funds appropriated by this or any bursement programs may be used by such Office lence Against Women, including funds appro- other Act under the heading ‘‘Bureau of Alco- to provide training and technical assistance; priated in previous appropriations acts that re- hol, Tobacco, Firearms, and Explosives, Salaries (2) up to 2 percent of funds made available for main available for obligation. and Expenses’’ shall be available for retention grant or reimbursement programs under such SEC. 219. Discretionary funds that are made pay for any employee who would otherwise be headings, except for amounts appropriated spe- available in this Act for the Office of Justice subject to a reduction in pay upon termination cifically for research, evaluation, or statistical Programs may be used to participate in Perform- of the Bureau’s Personnel Management Dem- programs administered by the National Institute ance Partnership Pilots authorized under sec- onstration Project (as transferred to the Attor- of Justice and the Bureau of Justice Statistics, tion 526 of division H of Public Law 113–76, sec- ney General by section 1115 of the Homeland Se- shall be transferred to and merged with funds tion 524 of division G of Public Law 113–235, and curity Act of 2002, Public Law 107–296 (28 U.S.C. provided to the National Institute of Justice and such authorities as are enacted for Performance 599B)): Provided, That such retention pay shall the Bureau of Justice Statistics, to be used by Partnership Pilots in an appropriations Act for comply with section 5363 of title 5, United States them for research, evaluation, or statistical pur- fiscal year 2016. Code, and related Office of Personnel Manage- poses, without regard to the authorizations for This title may be cited as the ‘‘Department of ment regulations, except as provided in this sec- such grant or reimbursement programs; and Justice Appropriations Act, 2016’’. (3) up to 7 percent of funds made available for tion: Provided further, That such retention pay TITLE III shall be paid at the employee’s rate of pay im- grant or reimbursement programs: (1) under the mediately prior to the termination of the dem- heading ‘‘State and Local Law Enforcement As- SCIENCE onstration project and shall not be subject to the sistance’’; or (2) under the headings ‘‘Research, OFFICE OF SCIENCE AND TECHNOLOGY POLICY limitation set forth in section 5304(g)(1) of title Evaluation, and Statistics’’ and ‘‘Juvenile Jus- For necessary expenses of the Office of 5, United States Code, and related regulations. tice Programs’’, to be transferred to and merged Science and Technology Policy, in carrying out SEC. 207. None of the funds made available with funds made available under the heading the purposes of the National Science and Tech- under this title may be used by the Federal Bu- ‘‘State and Local Law Enforcement Assistance’’, nology Policy, Organization, and Priorities Act reau of Prisons or the United States Marshals shall be available for tribal criminal justice as- of 1976 (42 U.S.C. 6601 et seq.), hire of passenger Service for the purpose of transporting an indi- sistance without regard to the authorizations motor vehicles, and services as authorized by vidual who is a prisoner pursuant to conviction for such grant or reimbursement programs. section 3109 of title 5, United States Code, not to SEC. 214. Upon request by a grantee for whom for crime under State or Federal law and is clas- exceed $2,250 for official reception and represen- the Attorney General has determined there is a sified as a maximum or high security prisoner, tation expenses, and rental of conference rooms fiscal hardship, the Attorney General may, with other than to a prison or other facility certified in the District of Columbia, $5,555,000. by the Federal Bureau of Prisons as appro- respect to funds appropriated in this or any priately secure for housing such a prisoner. other Act making appropriations for fiscal years NATIONAL AERONAUTICS AND SPACE SEC. 208. (a) None of the funds appropriated 2013 through 2016 for the following programs, ADMINISTRATION by this Act may be used by Federal prisons to waive the following requirements: SCIENCE purchase cable television services, or to rent or (1) For the adult and juvenile offender State For necessary expenses, not otherwise pro- purchase audiovisual or electronic media or and local reentry demonstration projects under vided for, in the conduct and support of science equipment used primarily for recreational pur- part FF of title I of the Omnibus Crime Control research and development activities, including poses. and Safe Streets Act of 1968 (42 U.S.C. research, development, operations, support, and (b) Subsection (a) does not preclude the rent- 3797w(g)(1)), the requirements under section services; maintenance and repair, facility plan- al, maintenance, or purchase of audiovisual or 2976(g)(1) of such part. ning and design; space flight, spacecraft con- (2) For State, Tribal, and local reentry courts electronic media or equipment for inmate train- trol, and communications activities; program under part FF of title I of such Act of 1968 (42 ing, religious, or educational programs. management; personnel and related costs, in- SEC. 209. None of the funds made available U.S.C. 3797w–2(e)(1) and (2)), the requirements cluding uniforms or allowances therefor, as au- under this title shall be obligated or expended under section 2978(e)(1) and (2) of such part. thorized by sections 5901 and 5902 of title 5, for any new or enhanced information tech- (3) For the prosecution drug treatment alter- United States Code; travel expenses; purchase nology program having total estimated develop- natives to prison program under part CC of title and hire of passenger motor vehicles; and pur- ment costs in excess of $100,000,000, unless the I of such Act of 1968 (42 U.S.C. 3797q–3), the re- chase, lease, charter, maintenance, and oper- Deputy Attorney General and the investment re- quirements under section 2904 of such part. ation of mission and administrative aircraft, view board certify to the Committees on Appro- (4) For grants to protect inmates and safe- $5,295,000,000, to remain available until Sep- priations of the House of Representatives and guard communities as authorized by section 6 of tember 30, 2017: Provided, That the formulation the Senate that the information technology pro- the Prison Rape Elimination Act of 2003 (42 and development costs (with development cost as gram has appropriate program management con- U.S.C. 15605(c)(3)), the requirements of section defined under section 30104 of title 51, United trols and contractor oversight mechanisms in 6(c)(3) of such Act. States Code) for the James Webb Space Tele- place, and that the program is compatible with SEC. 215. Notwithstanding any other provision scope shall not exceed $8,000,000,000: Provided the enterprise architecture of the Department of of law, section 20109(a) of subtitle A of title II further, That should the individual identified Justice. of the Violent Crime Control and Law Enforce- under subsection (c)(2)(E) of section 30104 of SEC. 210. The notification thresholds and pro- ment Act of 1994 (42 U.S.C. 13709(a)) shall not title 51, United States Code, as responsible for cedures set forth in section 505 of this Act shall apply to amounts made available by this or any the James Webb Space Telescope determine that apply to deviations from the amounts designated other Act. the development cost of the program is likely to for specific activities in this Act and in the ac- SEC. 216. None of the funds made available exceed that limitation, the individual shall im- companying report and to any use of under this Act, other than for the national in- mediately notify the Administrator and the in- deobligated balances of funds provided under stant criminal background check system estab- crease shall be treated as if it meets the 30 per- this title in previous years. lished under section 103 of the Brady Handgun SEC. 211. None of the funds appropriated by Violence Prevention Act (18 U.S.C. 922 note), cent threshold described in subsection (f) of sec- this Act may be used to plan for, begin, con- may be used by a Federal law enforcement offi- tion 30104. tinue, finish, process, or approve a public-pri- cer to facilitate the transfer of an operable fire- AERONAUTICS vate competition under the Office of Manage- arm to an individual if the Federal law enforce- For necessary expenses, not otherwise pro- ment and Budget Circular A–76 or any successor ment officer knows or suspects that the indi- vided for, in the conduct and support of aero- administrative regulation, directive, or policy vidual is an agent of a drug cartel, unless law nautics research and development activities, in- for work performed by employees of the Bureau enforcement personnel of the United States con- cluding research, development, operations, sup- of Prisons or of Federal Prison Industries, In- tinuously monitor or control the firearm at all port, and services; maintenance and repair, fa- corporated. times. cility planning and design; space flight, space- SEC. 212. Notwithstanding any other provision SEC. 217. No funds provided in this Act shall craft control, and communications activities; of law, no funds shall be available for the sal- be used to deny the Inspector General of the De- program management; personnel and related ary, benefits, or expenses of any United States partment of Justice timely access to all records, costs, including uniforms or allowances there- Attorney assigned dual or additional respon- documents, and other materials in the custody for, as authorized by sections 5901 and 5902 of sibilities by the Attorney General or his designee or possession of the Department or to prevent or title 5, United States Code; travel expenses; pur- that exempt that United States Attorney from impede the Inspector General’s access to such chase and hire of passenger motor vehicles; and the residency requirements of section 545 of title records, documents and other materials, unless purchase, lease, charter, maintenance, and op- 28, United States Code. in accordance with an express limitation of sec- eration of mission and administrative aircraft, SEC. 213. At the discretion of the Attorney tion 6(a) of the Inspector General Act, as $524,700,000, to remain available until September General, and in addition to any amounts that amended, consistent with the plain language of 30, 2017. otherwise may be available (or authorized to be the Inspector General Act, as amended. The In- made available) by law, with respect to funds spector General of the Department of Justice SPACE TECHNOLOGY appropriated by this title under the headings shall report to the Committees on Appropria- For necessary expenses, not otherwise pro- ‘‘Research, Evaluation and Statistics’’, ‘‘State tions within five calendar days any failures to vided for, in the conduct and support of space and Local Law Enforcement Assistance’’, and comply with this requirement. technology research and development activities, ‘‘Juvenile Justice Programs’’— SEC. 218. Section 8(e) of Public Law 108–79 (42 including research, development, operations, (1) up to 3 percent of funds made available to U.S.C. 15607(e)) shall not apply to funds appro- support, and services; maintenance and repair, the Office of Justice Programs for grant or reim- priated to or administered by the Office on Vio- facility planning and design; space flight,

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Space Flight Capabilities, and Exploration Ca- funds are independent of the asteroid ren- SAFETY, SECURITY AND MISSION SERVICES pabilities appropriations accounts shall remain dezvous mission or satellite servicing demonstra- For necessary expenses, not otherwise pro- available through fiscal year 2025 for the liq- tion activities on the International Space Sta- vided for, in the conduct and support of science, uidation of valid obligations incurred during the tion. aeronautics, space technology, exploration, period of fiscal year 2001 through fiscal year EXPLORATION space operations and education research and 2013. For necessary expenses, not otherwise pro- development activities, including research, de- NATIONAL SCIENCE FOUNDATION vided for, in the conduct and support of explo- velopment, operations, support, and services; RESEARCH AND RELATED ACTIVITIES ration research and development activities, in- maintenance and repair, facility planning and For necessary expenses in carrying out the cluding research, development, operations, sup- design; space flight, spacecraft control, and National Science Foundation Act of 1950 (42 port, and services; maintenance and repair, fa- communications activities; program manage- U.S.C. 1861 et seq.), and Public Law 86–209 (42 cility planning and design; space flight, space- ment; personnel and related costs, including U.S.C. 1880 et seq.); services as authorized by craft control, and communications activities; uniforms or allowances therefor, as authorized section 3109 of title 5, United States Code; main- program management; personnel and related by sections 5901 and 5902 of title 5, United States tenance and operation of aircraft and purchase costs, including uniforms or allowances there- Code; travel expenses; purchase and hire of pas- of flight services for research support; acquisi- for, as authorized by sections 5901 and 5902 of senger motor vehicles; not to exceed $63,000 for tion of aircraft; and authorized travel; title 5, United States Code; travel expenses; pur- official reception and representation expenses; $5,933,645,000, to remain available until Sep- chase and hire of passenger motor vehicles; and and purchase, lease, charter, maintenance, and tember 30, 2017, of which not to exceed purchase, lease, charter, maintenance, and op- operation of mission and administrative aircraft, $540,000,000 shall remain available until ex- eration of mission and administrative aircraft, $2,784,000,000, to remain available until Sep- pended for polar research and operations sup- $3,831,200,000, to remain available until Sep- tember 30, 2017. port, and for reimbursement to other Federal tember 30, 2017: Provided, That not less than CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE agencies for operational and science support $1,200,000,000 shall be for the Orion Multi-Pur- AND RESTORATION and logistical and other related activities for the pose Crew Vehicle: Provided further, That not For necessary expenses for construction of fa- United States Antarctic program: Provided, less than $2,310,000,000 shall be for the Space cilities including repair, rehabilitation, revital- That receipts for scientific support services and Launch System, which shall have a lift capa- ization, and modification of facilities, construc- materials furnished by the National Research bility not less than 130 metric tons and which tion of new facilities and additions to existing Centers and other National Science Foundation shall have an upper stage and other core ele- facilities, facility planning and design, and res- supported research facilities may be credited to ments developed simultaneously: Provided fur- toration, and acquisition or condemnation of this appropriation. ther, That of the funds made available for the real property, as authorized by law, and envi- MAJOR RESEARCH EQUIPMENT AND FACILITIES Space Launch System, $1,900,000,000 shall be for ronmental compliance and restoration, CONSTRUCTION launch vehicle development and $410,000,000 $352,800,000, to remain available until September For necessary expenses for the acquisition, shall be for exploration ground systems: Pro- 30, 2021: Provided, That proceeds from leases de- vided further, That the National Aeronautics construction, commissioning, and upgrading of posited into this account shall be available for a major research equipment, facilities, and other and Space Administration (NASA) shall provide period of 5 years to the extent and in amounts to the Committees on Appropriations of the such capital assets pursuant to the National as provided in annual appropriations Acts: Pro- Science Foundation Act of 1950 (42 U.S.C. 1861 House of Representatives and the Senate, con- vided further, That such proceeds referred to in current with the annual budget submission, a 5 et seq.), including authorized travel, the preceding proviso shall be available for obli- $200,310,000, to remain available until expended. year budget profile and funding projection that gation for fiscal year 2016 in an amount not to EDUCATION AND HUMAN RESOURCES adheres to a 70 percent Joint Confidence Level exceed $6,905,600: Provided further, That each (JCL) and is consistent with the Key Decision annual budget request shall include an annual For necessary expenses in carrying out Point C (KDP–C) for the Space Launch System estimate of gross receipts and collections and science, mathematics and engineering education and with the future KDP–C for the Orion Multi- proposed use of all funds collected pursuant to and human resources programs and activities Purpose Crew Vehicle: Provided further, That section 20145 of title 51, United States Code. pursuant to the National Science Foundation funds made available for the Orion Multi-Pur- Act of 1950 (42 U.S.C. 1861 et seq.), including OFFICE OF INSPECTOR GENERAL pose Crew Vehicle and Space Launch System services as authorized by section 3109 of title 5, are in addition to funds provided for these pro- For necessary expenses of the Office of In- United States Code, authorized travel, and rent- grams under the ‘‘Construction and Environ- spector General in carrying out the Inspector al of conference rooms in the District of Colum- mental Compliance and Restoration’’ heading: General Act of 1978, $37,400,000, of which bia, $866,000,000, to remain available until Sep- Provided further, That $321,200,000 shall be for $500,000 shall remain available until September tember 30, 2017. 30, 2017. exploration research and development. AGENCY OPERATIONS AND AWARD MANAGEMENT ADMINISTRATIVE PROVISIONS SPACE OPERATIONS For agency operations and award manage- For necessary expenses, not otherwise pro- Funds for any announced prize otherwise au- ment necessary in carrying out the National vided for, in the conduct and support of space thorized shall remain available, without fiscal Science Foundation Act of 1950 (42 U.S.C. 1861 operations research and development activities, year limitation, until the prize is claimed or the et seq.); services authorized by section 3109 of including research, development, operations, offer is withdrawn. title 5, United States Code; hire of passenger Not to exceed 5 percent of any appropriation support and services; space flight, spacecraft motor vehicles; uniforms or allowances therefor, made available for the current fiscal year for control and communications activities, includ- as authorized by sections 5901 and 5902 of title the National Aeronautics and Space Adminis- ing operations, production, and services; main- 5, United States Code; rental of conference tration in this Act may be transferred between tenance and repair, facility planning and de- rooms in the District of Columbia; and reim- such appropriations, but no such appropriation, sign; program management; personnel and re- bursement of the Department of Homeland Secu- except as otherwise specifically provided, shall lated costs, including uniforms or allowances rity for security guard services; $325,000,000: be increased by more than 10 percent by any therefor, as authorized by sections 5901 and 5902 Provided, That not to exceed $8,250 is for official such transfers. Balances so transferred shall be of title 5, United States Code; travel expenses; reception and representation expenses: Provided merged with and available for the same pur- purchase and hire of passenger motor vehicles; further, That contracts may be entered into poses and the same time period as the appro- and purchase, lease, charter, maintenance and under this heading in fiscal year 2016 for main- priations to which transferred. Any transfer operation of mission and administrative aircraft, tenance and operation of facilities and for other pursuant to this provision shall be treated as a $4,756,400,000, to remain available until Sep- services to be provided during the next fiscal reprogramming of funds under section 505 of tember 30, 2017. year. this Act and shall not be available for obligation EDUCATION except in compliance with the procedures set OFFICE OF THE NATIONAL SCIENCE BOARD For necessary expenses, not otherwise pro- forth in that section. For necessary expenses (including payment of vided for, in the conduct and support of aero- The spending plan required by this Act shall salaries, authorized travel, hire of passenger space and aeronautical education research and be provided by NASA at the theme, program, motor vehicles, the rental of conference rooms in development activities, including research, de- project and activity level. The spending plan, as the District of Columbia, and the employment of

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experts and consultants under section 3109 of INTERNATIONAL TRADE COMMISSION through procurement contract, pursuant to sec- title 5, United States Code) involved in carrying SALARIES AND EXPENSES tion 3109 of title 5, United States Code, shall be out section 4 of the National Science Founda- For necessary expenses of the International limited to those contracts where such expendi- tion Act of 1950 (42 U.S.C. 1863) and Public Law Trade Commission, including hire of passenger tures are a matter of public record and available 86–209 (42 U.S.C. 1880 et seq.), $4,370,000: Pro- motor vehicles and services as authorized by sec- for public inspection, except where otherwise vided, That not to exceed $2,500 shall be avail- tion 3109 of title 5, United States Code, and not provided under existing law, or under existing able for official reception and representation ex- to exceed $2,250 for official reception and rep- Executive order issued pursuant to existing law. SEC. 504. If any provision of this Act or the penses. resentation expenses, $84,500,000, to remain application of such provision to any person or OFFICE OF INSPECTOR GENERAL available until expended. circumstances shall be held invalid, the remain- For necessary expenses of the Office of In- LEGAL SERVICES CORPORATION der of the Act and the application of each provi- spector General as authorized by the Inspector PAYMENT TO THE LEGAL SERVICES CORPORATION sion to persons or circumstances other than General Act of 1978, $14,450,000, of which For payment to the Legal Services Corpora- those as to which it is held invalid shall not be $400,000 shall remain available until September tion to carry out the purposes of the Legal Serv- affected thereby. 30, 2017. ices Corporation Act of 1974, $385,000,000, of SEC. 505. None of the funds provided under ADMINISTRATIVE PROVISION which $353,000,000 is for basic field programs this Act, or provided under previous appropria- and required independent audits; $4,500,000 is tions Acts to the agencies funded by this Act Not to exceed 5 percent of any appropriation for the Office of Inspector General, of which that remain available for obligation or expendi- made available for the current fiscal year for such amounts as may be necessary may be used ture in fiscal year 2016, or provided from any ac- the National Science Foundation in this Act to conduct additional audits of recipients; counts in the Treasury of the United States de- may be transferred between such appropria- $18,500,000 is for management and grants over- rived by the collection of fees available to the tions, but no such appropriation shall be in- sight; $4,000,000 is for client self-help and infor- agencies funded by this Act, shall be available creased by more than 10 percent by any such mation technology; $4,000,000 is for a Pro Bono for obligation or expenditure through a re- transfers. Any transfer pursuant to this section Innovation Fund; and $1,000,000 is for loan re- programming of funds that: (1) creates or initi- shall be treated as a reprogramming of funds payment assistance: Provided, That the Legal ates a new program, project or activity; (2) under section 505 of this Act and shall not be Services Corporation may continue to provide eliminates a program, project or activity; (3) in- available for obligation except in compliance locality pay to officers and employees at a rate creases funds or personnel by any means for with the procedures set forth in that section. no greater than that provided by the Federal any project or activity for which funds have This title may be cited as the ‘‘Science Appro- Government to Washington, DC-based employ- been denied or restricted; (4) relocates an office priations Act, 2016’’. ees as authorized by section 5304 of title 5, or employees; (5) reorganizes or renames offices, TITLE IV United States Code, notwithstanding section programs or activities; (6) contracts out or RELATED AGENCIES 1005(d) of the Legal Services Corporation Act (42 privatizes any functions or activities presently U.S.C. 2996(d)): Provided further, That the au- performed by Federal employees; (7) augments COMMISSION ON CIVIL RIGHTS thorities provided in section 205 of this Act shall existing programs, projects or activities in excess SALARIES AND EXPENSES be applicable to the Legal Services Corporation: of $500,000 or 10 percent, whichever is less, or re- duces by 10 percent funding for any program, For necessary expenses of the Commission on Provided further, That, for the purposes of sec- project or activity, or numbers of personnel by Civil Rights, including hire of passenger motor tion 505 of this Act, the Legal Services Corpora- 10 percent; or (8) results from any general sav- vehicles, $9,200,000: Provided, That none of the tion shall be considered an agency of the United ings, including savings from a reduction in per- funds appropriated in this paragraph shall be States Government. sonnel, which would result in a change in exist- used to employ in excess of eight full-time indi- ADMINISTRATIVE PROVISION—LEGAL SERVICES ing programs, projects or activities as approved viduals under Schedule C of the Excepted Serv- CORPORATION by Congress; unless the House and Senate Com- ice: Provided further, That none of the funds None of the funds appropriated in this Act to mittees on Appropriations are notified 15 days appropriated in this paragraph shall be used to the Legal Services Corporation shall be ex- in advance of such reprogramming of funds. reimburse Commissioners for more than 75 pended for any purpose prohibited or limited by, SEC. 506. (a) If it has been finally determined billable days, with the exception of the chair- or contrary to any of the provisions of, sections by a court or Federal agency that any person person, who is permitted 125 billable days: Pro- 501, 502, 503, 504, 505, and 506 of Public Law intentionally affixed a label bearing a ‘‘Made in vided further, That none of the funds appro- 105–119, and all funds appropriated in this Act America’’ inscription, or any inscription with priated in this paragraph shall be used for any to the Legal Services Corporation shall be sub- the same meaning, to any product sold in or activity or expense that is not explicitly author- ject to the same terms and conditions set forth shipped to the United States that is not made in ized by section 3 of the Civil Rights Commission in such sections, except that all references in the United States, the person shall be ineligible Act of 1983 (42 U.S.C. 1975a). sections 502 and 503 to 1997 and 1998 shall be to receive any contract or subcontract made EQUAL EMPLOYMENT OPPORTUNITY COMMISSION deemed to refer instead to 2015 and 2016, respec- with funds made available in this Act, pursuant tively. SALARIES AND EXPENSES to the debarment, suspension, and ineligibility MARINE MAMMAL COMMISSION procedures described in sections 9.400 through For necessary expenses of the Equal Employ- SALARIES AND EXPENSES 9.409 of title 48, Code of Federal Regulations. ment Opportunity Commission as authorized by (b)(1) To the extent practicable, with respect title VII of the Civil Rights Act of 1964, the Age For necessary expenses of the Marine Mam- mal Commission as authorized by title II of the to authorized purchases of promotional items, Discrimination in Employment Act of 1967, the funds made available by this Act shall be used Equal Pay Act of 1963, the Americans with Dis- Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), $3,431,000. to purchase items that are manufactured, pro- abilities Act of 1990, section 501 of the Rehabili- duced, or assembled in the United States, its ter- STATE JUSTICE INSTITUTE tation Act of 1973, the Civil Rights Act of 1991, ritories or possessions. the Genetic Information Non-Discrimination Act SALARIES AND EXPENSES (2) The term ‘‘promotional items’’ has the (GINA) of 2008 (Public Law 110–233), the ADA For necessary expenses of the State Justice In- meaning given the term in OMB Circular A–87, Amendments Act of 2008 (Public Law 110–325), stitute, as authorized by the State Justice Insti- Attachment B, Item (1)(f)(3). and the Lilly Ledbetter Fair Pay Act of 2009 tute Authorization Act of 1984 (42 U.S.C. 10701 SEC. 507. (a) The Departments of Commerce (Public Law 111–2), including services as au- et seq.) $5,121,000, of which $500,000 shall re- and Justice, the National Science Foundation, thorized by section 3109 of title 5, United States main available until September 30, 2017: Pro- and the National Aeronautics and Space Ad- Code; hire of passenger motor vehicles as au- vided, That not to exceed $2,250 shall be avail- ministration shall provide to the Committees on thorized by section 1343(b) of title 31, United able for official reception and representation ex- Appropriations of the House of Representatives States Code; nonmonetary awards to private penses: Provided further, That, for the purposes and the Senate a quarterly report on the status citizens; and up to $29,500,000 for payments to of section 505 of this Act, the State Justice Insti- of balances of appropriations at the account State and local enforcement agencies for author- tute shall be considered an agency of the United level. For unobligated, uncommitted balances ized services to the Commission, $364,500,000: States Government. and unobligated, committed balances the quar- Provided, That the Commission is authorized to TITLE V terly reports shall separately identify the make available for official reception and rep- amounts attributable to each source year of ap- GENERAL PROVISIONS resentation expenses not to exceed $2,250 from propriation from which the balances were de- available funds: Provided further, That the (INCLUDING RESCISSIONS) rived. For balances that are obligated, but unex- Commission may take no action to implement SEC. 501. No part of any appropriation con- pended, the quarterly reports shall separately any workforce repositioning, restructuring, or tained in this Act shall be used for publicity or identify amounts by the year of obligation. reorganization until such time as the Commit- propaganda purposes not authorized by the (b) The report described in subsection (a) shall tees on Appropriations of the House of Rep- Congress. be submitted within 30 days of the end of each resentatives and the Senate have been notified SEC. 502. No part of any appropriation con- quarter. of such proposals, in accordance with the re- tained in this Act shall remain available for ob- (c) If a department or agency is unable to ful- programming requirements of section 505 of this ligation beyond the current fiscal year unless fill any aspect of a reporting requirement de- Act: Provided further, That the Chair is author- expressly so provided herein. scribed in subsection (a) due to a limitation of a ized to accept and use any gift or donation to SEC. 503. The expenditure of any appropria- current accounting system, the department or carry out the work of the Commission. tion under this Act for any consulting service agency shall fulfill such aspect to the maximum

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extent practicable under such accounting system SEC. 513. Any funds provided in this Act used priated or otherwise made available under this and shall identify and describe in each quar- to implement E-Government Initiatives shall be Act or any other Act may be expended or obli- terly report the extent to which such aspect is subject to the procedures set forth in section 505 gated by a department, agency, or instrumen- not fulfilled. of this Act. tality of the United States to pay administrative SEC. 508. Any costs incurred by a department SEC. 514. (a) The Inspectors General of the De- expenses or to compensate an officer or em- or agency funded under this Act resulting from, partment of Commerce, the Department of Jus- ployee of the United States in connection with or to prevent, personnel actions taken in re- tice, the National Aeronautics and Space Ad- requiring an export license for the export to sponse to funding reductions included in this ministration, the National Science Foundation, Canada of components, parts, accessories or at- Act shall be absorbed within the total budgetary and the Legal Services Corporation shall con- tachments for firearms listed in Category I, sec- resources available to such department or agen- duct audits, pursuant to the Inspector General tion 121.1 of title 22, Code of Federal Regula- cy: Provided, That the authority to transfer Act (5 U.S.C. App.), of grants or contracts for tions (International Trafficking in Arms Regu- funds between appropriations accounts as may which funds are appropriated by this Act, and lations (ITAR), part 121, as it existed on April 1, be necessary to carry out this section is provided shall submit reports to Congress on the progress 2005) with a total value not exceeding $500 in addition to authorities included elsewhere in of such audits, which may include preliminary wholesale in any transaction, provided that the this Act: Provided further, That use of funds to findings and a description of areas of particular conditions of subsection (b) of this section are carry out this section shall be treated as a re- interest, within 180 days after initiating such an met by the exporting party for such articles. programming of funds under section 505 of this audit and every 180 days thereafter until any (b) The foregoing exemption from obtaining Act and shall not be available for obligation or such audit is completed. an export license— expenditure except in compliance with the pro- (b) Within 60 days after the date on which an (1) does not exempt an exporter from filing cedures set forth in that section: Provided fur- audit described in subsection (a) by an Inspector any Shipper’s Export Declaration or notification ther, That for the Department of Commerce, this General is completed, the Secretary, Attorney letter required by law, or from being otherwise section shall also apply to actions taken for the General, Administrator, Director, or President, eligible under the laws of the United States to care and protection of loan collateral or grant as appropriate, shall make the results of the possess, ship, transport, or export the articles property. audit available to the public on the Internet enumerated in subsection (a); and SEC. 509. None of the funds provided by this website maintained by the Department, Admin- (2) does not permit the export without a li- Act shall be available to promote the sale or ex- istration, Foundation, or Corporation, respec- cense of— port of tobacco or tobacco products, or to seek tively. The results shall be made available in re- (A) fully automatic firearms and components the reduction or removal by any foreign country dacted form to exclude— and parts for such firearms, other than for end of restrictions on the marketing of tobacco or to- (1) any matter described in section 552(b) of use by the Federal Government, or a Provincial bacco products, except for restrictions which are title 5, United States Code; and or Municipal Government of Canada; not applied equally to all tobacco or tobacco (2) sensitive personal information for any in- (B) barrels, cylinders, receivers (frames) or dividual, the public access to which could be products of the same type. complete breech mechanisms for any firearm used to commit identity theft or for other inap- SEC. 510. (a) Notwithstanding any other provi- listed in Category I, other than for end use by propriate or unlawful purposes. sion of law, amounts deposited or available in the Federal Government, or a Provincial or Mu- the Fund established by section 1402 of chapter (c) Any person awarded a grant or contract funded by amounts appropriated by this Act nicipal Government of Canada; or XIV of title II of Public Law 98–473 (42 U.S.C. (C) articles for export from Canada to another shall submit a statement to the Secretary of 10601) in any fiscal year in excess of foreign destination. Commerce, the Attorney General, the Adminis- $2,602,000,000 shall not be available for obliga- (c) In accordance with this section, the Dis- trator, Director, or President, as appropriate, tion until the following fiscal year: trict Directors of Customs and postmasters shall certifying that no funds derived from the grant (b) Notwithstanding section 1402(d) of such permit the permanent or temporary export with- or contract will be made available through a Act of 1984, of the amounts available from the out a license of any unclassified articles speci- subcontract or in any other manner to another Fund for obligation, the following amounts fied in subsection (a) to Canada for end use in shall be available without fiscal year limita- person who has a financial interest in the per- son awarded the grant or contract. Canada or return to the United States, or tem- tion— porary import of Canadian-origin items from (1) to the Assistant Attorney General for the (d) The provisions of the preceding sub- sections of this section shall take effect 30 days Canada for end use in the United States or re- Office of Justice Programs— turn to Canada for a Canadian citizen. (A) $50,000,000 for victim services programs for after the date on which the Director of the Of- fice of Management and Budget, in consultation (d) The President may require export licenses victims of trafficking as authorized by section under this section on a temporary basis if the 107(b)(2) of Public Law 106–386, or programs au- with the Director of the Office of Government Ethics, determines that a uniform set of rules President determines, upon publication first in thorized under Public Law 113–4; the Federal Register, that the Government of (B) $16,000,000 for an initiative relating to and requirements, substantially similar to the requirements in such subsections, consistently Canada has implemented or maintained inad- children exposed to violence; equate import controls for the articles specified (C) $12,000,000 for the court-appointed special apply under the executive branch ethics pro- in subsection (a), such that a significant diver- advocate program, as authorized by section 217 gram to all Federal departments, agencies, and sion of such articles has and continues to take of the Victims of Child Abuse Act of 1990; entities. (D) $15,000,000 for supplemental victims’ serv- SEC. 515. None of the funds appropriated or place for use in international terrorism or in the ices and other victim-related programs and ini- otherwise made available under this Act may be escalation of a conflict in another nation. The tiatives, including research and statistics, and used by the Departments of Commerce and Jus- President shall terminate the requirements of a for tribal assistance for victims of violence; tice, the National Aeronautics and Space Ad- license when reasons for the temporary require- (E) $20,000,000 for programs authorized by the ministration, or the National Science Founda- ments have ceased. Victims of Child Abuse Act of 1990; tion to acquire a high-impact information sys- SEC. 518. Notwithstanding any other provision (F) $3,000,000 for child abuse training pro- tem, as defined for security categorization in the of law, no department, agency, or instrumen- grams for judicial personnel and practitioners, National Institute of Standards and Tech- tality of the United States receiving appro- as authorized by section 222 of the Victims of nology’s (NIST) Federal Information Processing priated funds under this Act or any other Act Child Abuse Act of 1990; and Standard Publication 199, ‘‘Standards for Secu- shall obligate or expend in any way such funds (G) $18,000,000 for community-based violence rity Categorization of Federal Information and to pay administrative expenses or the compensa- prevention initiatives, including for public Information Systems’’ unless the agency has— tion of any officer or employee of the United health approaches to reducing shootings and vi- (1) reviewed the supply chain risk for the in- States to deny any application submitted pursu- olence. formation systems against criteria developed by ant to 22 U.S.C. 2778(b)(1)(B) and qualified pur- (2) to the Director of the Office for Victims of NIST to inform acquisition decisions for high- suant to 27 CFR section 478.112 or .113, for a Crime, $52,000,000 for assistance to Indian tribes impact information systems within the Federal permit to import United States origin ‘‘curios or only for supplementing victims’ services and Government and against international stand- relics’’ firearms, parts, or ammunition. other victim-related programs and initiatives. ards and guidelines, including those developed SEC. 519. None of the funds made available in (3) to the Department of Justice Office of In- by NIST; this Act may be used to include in any new bi- spector General, $10,000,000 for oversight and (2) reviewed the supply chain risk from the lateral or multilateral trade agreement the text auditing purposes. presumptive awardee against available and rel- of— SEC. 511. None of the funds made available to evant threat information provided by the Fed- (1) paragraph 2 of article 16.7 of the United the Department of Justice in this Act may be eral Bureau of Investigation and other appro- States-Singapore Free Trade Agreement; used to discriminate against or denigrate the re- priate agencies; and (2) paragraph 4 of article 17.9 of the United ligious or moral beliefs of students who partici- (3) developed, in consultation with NIST and States-Australia Free Trade Agreement; or pate in programs for which financial assistance supply chain risk management experts, a mitiga- (3) paragraph 4 of article 15.9 of the United is provided from those funds, or of the parents tion strategy for any identified risks. States-Morocco Free Trade Agreement. or legal guardians of such students. SEC. 516. None of the funds made available in SEC. 520. None of the funds made available in SEC. 512. None of the funds made available in this Act shall be used in any way whatsoever to this Act may be used to authorize or issue a na- this Act may be transferred to any department, support or justify the use of torture by any offi- tional security letter in contravention of any of agency, or instrumentality of the United States cial or contract employee of the United States the following laws authorizing the Federal Bu- Government, except pursuant to a transfer made Government. reau of Investigation to issue national security by, or transfer authority provided in, this Act or SEC. 517. (a) Notwithstanding any other provi- letters: The Right to Financial Privacy Act; The any other appropriations Act. sion of law or treaty, none of the funds appro- Electronic Communications Privacy Act; The

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None of the funds made available in (4) In the preceding 3 fiscal years, details on the program manager of a project within the ju- this Act may be used to send or otherwise pay the total number of expired grant accounts with risdiction of the Departments of Commerce or for the attendance of more than 50 employees undisbursed balances (on the first day of each Justice, the National Aeronautics and Space Ad- from a Federal department or agency, who are fiscal year) for the department, agency, or in- ministration, or the National Science Founda- stationed in the United States, at any single strumentality and the total finances that have tion totaling more than $75,000,000 has reason- conference occurring outside the United States not been obligated to a specific project remain- able cause to believe that the total program cost unless such conference is a law enforcement ing in the accounts. has increased by 10 percent or more, the pro- training or operational conference for law en- SEC. 532. None of the funds made available by gram manager shall immediately inform the re- forcement personnel and the majority of Federal this Act may be used to pay the salaries or ex- spective Secretary, Administrator, or Director. employees in attendance are law enforcement penses of personnel to deny, or fail to act on, an The Secretary, Administrator, or Director shall personnel stationed outside the United States. application for the importation of any model of notify the House and Senate Committees on Ap- SEC. 527. None of the funds appropriated or shotgun if— propriations within 30 days in writing of such otherwise made available in this Act may be (1) all other requirements of law with respect increase, and shall include in such notice: the used in a manner that is inconsistent with the to the proposed importation are met; and date on which such determination was made; a principal negotiating objective of the United (2) no application for the importation of such statement of the reasons for such increases; the States with respect to trade remedy laws to pre- model of shotgun, in the same configuration, action taken and proposed to be taken to control serve the ability of the United States— had been denied by the Attorney General prior future cost growth of the project; changes made (1) to enforce vigorously its trade laws, in- to January 1, 2011, on the basis that the shot- in the performance or schedule milestones and cluding antidumping, countervailing duty, and gun was not particularly suitable for or readily safeguard laws; the degree to which such changes have contrib- adaptable to sporting purposes. (2) to avoid agreements that— uted to the increase in total program costs or SEC. 533. (a) None of the funds made available (A) lessen the effectiveness of domestic and in this Act may be used to maintain or establish procurement costs; new estimates of the total international disciplines on unfair trade, espe- project or procurement costs; and a statement a computer network unless such network blocks cially dumping and subsidies; or the viewing, downloading, and exchanging of validating that the project’s management struc- (B) lessen the effectiveness of domestic and ture is adequate to control total project or pro- pornography. international safeguard provisions, in order to (b) Nothing in subsection (a) shall limit the curement costs. ensure that United States workers, agricultural SEC. 522. Funds appropriated by this Act, or use of funds necessary for any Federal, State, producers, and firms can compete fully on fair tribal, or local law enforcement agency or any made available by the transfer of funds in this terms and enjoy the benefits of reciprocal trade Act, for intelligence or intelligence related ac- other entity carrying out criminal investiga- concessions; and tions, prosecution, or adjudication activities. tivities are deemed to be specifically authorized (3) to address and remedy market distortions SEC. 534. The Departments of Commerce and by the Congress for purposes of section 504 of that lead to dumping and subsidization, includ- the National Security Act of 1947 (50 U.S.C. 414) Justice, the National Aeronautics and Space Ad- ing overcapacity, cartelization, and market-ac- ministration, and the National Science Founda- during fiscal year 2016 until the enactment of cess barriers. tion shall submit spending plans, signed by the the Intelligence Authorization Act for fiscal SEC. 528. None of the funds appropriated or year 2016. otherwise made available in this Act may be respective department or agency head, to the SEC. 523. None of the funds appropriated or used to transfer, release, or assist in the transfer Committees on Appropriations of the House of otherwise made available by this Act may be or release to or within the United States, its ter- Representatives and the Senate within 45 days used to enter into a contract in an amount ritories, or possessions Khalid Sheikh Moham- after the date of enactment of this Act. SEC. 535. (a) The head of any executive greater than $5,000,000 or to award a grant in med or any other detainee who— excess of such amount unless the prospective (1) is not a United States citizen or a member branch department, agency, board, commission, contractor or grantee certifies in writing to the of the Armed Forces of the United States; and or office funded by this Act shall submit annual agency awarding the contract or grant that, to (2) is or was held on or after June 24, 2009, at reports to the Inspector General or senior ethics the best of its knowledge and belief, the con- the United States Naval Station, Guantanamo official for any entity without an Inspector tractor or grantee has filed all Federal tax re- Bay, Cuba, by the Department of Defense. General, regarding the costs and contracting turns required during the three years preceding SEC. 529. (a) None of the funds appropriated procedures related to each conference held by the certification, has not been convicted of a or otherwise made available in this Act may be any such department, agency, board, commis- criminal offense under the Internal Revenue used to construct, acquire, or modify any facil- sion, or office during fiscal year 2016 for which Code of 1986, and has not, more than 90 days ity in the United States, its territories, or posses- the cost to the United States Government was prior to certification, been notified of any un- sions to house any individual described in sub- more than $100,000. (b) Each report submitted shall include, for paid Federal tax assessment for which the liabil- section (c) for the purposes of detention or im- each conference described in subsection (a) held ity remains unsatisfied, unless the assessment is prisonment in the custody or under the effective during the applicable period— the subject of an installment agreement or offer control of the Department of Defense. (b) The prohibition in subsection (a) shall not (1) a description of its purpose; in compromise that has been approved by the apply to any modification of facilities at United (2) the number of participants attending; Internal Revenue Service and is not in default, States Naval Station, Guantanamo Bay, Cuba. (3) a detailed statement of the costs to the or the assessment is the subject of a non-frivo- (c) An individual described in this subsection United States Government, including— lous administrative or judicial proceeding. is any individual who, as of June 24, 2009, is lo- (A) the cost of any food or beverages; (RESCISSIONS) cated at United States Naval Station, Guanta- (B) the cost of any audio-visual services; SEC. 524. (a) Of the unobligated balances namo Bay, Cuba, and who— (C) the cost of employee or contractor travel to available to the Department of Justice, the fol- (1) is not a citizen of the United States or a and from the conference; and lowing funds are hereby rescinded, not later member of the Armed Forces of the United (D) a discussion of the methodology used to than September 30, 2016, from the following ac- States; and determine which costs relate to the conference; counts in the specified amounts— (2) is— and (1) ‘‘Working Capital Fund’’, $55,000,000; (A) in the custody or under the effective con- (4) a description of the contracting procedures (2) ‘‘Legal Activities, Assets Forfeiture Fund’’, trol of the Department of Defense; or used including— $362,945,000, of which $58,945,000 is permanently (B) otherwise under detention at United (A) whether contracts were awarded on a rescinded; States Naval Station, Guantanamo Bay, Cuba. competitive basis; and (3) ‘‘United States Marshals Service, Federal SEC. 530. To the extent practicable, funds (B) a discussion of any cost comparison con- Prisoner Detention’’, $69,500,000; made available in this Act should be used to ducted by the departmental component or office (4) ‘‘Federal Bureau of Investigations, Sala- purchase light bulbs that are ‘‘Energy Star’’ in evaluating potential contractors for the con- ries and Expenses’’, $80,000,000; qualified or have the ‘‘Federal Energy Manage- ference. (5) ‘‘State and Local Law Enforcement Activi- ment Program’’ designation. (c) Within 15 days of the date of a conference ties, Office on Violence Against Women, Vio- SEC. 531. The Director of the Office of Man- held by any executive branch department, agen- lence Against Women Prevention and Prosecu- agement and Budget shall instruct any depart- cy, board, commission, or office funded by this tion Programs’’, $5,020,000; and ment, agency, or instrumentality of the United Act during fiscal year 2016 for which the cost to (6) ‘‘State and Local Law Enforcement Activi- States receiving funds appropriated under this the United States Government was more than ties, Community Oriented Policing Services’’, Act to track undisbursed balances in expired $20,000, the head of any such department, agen- $10,000,000. grant accounts and include in its annual per- cy, board, commission, or office shall notify the (b) The Department of Justice shall submit to formance plan and performance and account- Inspector General or senior ethics official for the Committees on Appropriations of the House ability reports the following: any entity without an Inspector General, of the of Representatives and the Senate a report no (1) Details on future action the department, date, location, and number of employees attend- later than September 1, 2016, specifying the agency, or instrumentality will take to resolve ing such conference. amount of each rescission made pursuant to undisbursed balances in expired grant accounts. (d) A grant or contract funded by amounts subsection (a). (2) The method that the department, agency, appropriated by this or any other appropria- SEC. 525. None of the funds made available in or instrumentality uses to track undisbursed tions Act may not be used for the purpose of de- this Act may be used to purchase first class or balances in expired grant accounts. fraying the costs of a banquet or conference

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 6333 E:\CR\FM\A15JN6.001 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE S3892 CONGRESSIONAL RECORD — SENATE June 15, 2016 that is not directly and programmatically re- This Act may be cited as the ‘‘Commerce, Jus- As chairman of the Commerce, Jus- lated to the purpose for which the grant or con- tice, Science, and Related Agencies Appropria- tice, Science Subcommittee, I worked tract was awarded, such as a banquet or con- tions Act, 2016’’. with my colleagues to provide critical ference held in connection with planning, train- The PRESIDING OFFICER. The ma- funding for the U.S. Departments of ing, assessment, review, or other routine pur- jority leader. poses related to a project funded by the grant or Commerce and Justice, the National contract. AMENDMENT NO. 4685 Aeronautics and Space Administration, (e) None of the funds made available in this or (Purpose: In the nature of a substitute) and the National Science Foundation, any other appropriations Act may be used for Mr. MCCONNELL. Mr. President, I among others. travel and conference activities that are not in call up the substitute amendment No. The Commerce-Justice-Science bill compliance with Office of Management and 4685 to H.R. 2578. before us meets the subcommittee’s al- Budget Memorandum M–12–12 dated May 11, The PRESIDING OFFICER. The location of $56.3 billion in discretionary 2012 or any subsequent revisions to that memo- clerk will report. spending. This level is $563 million randum. The senior assistant legislative clerk above the fiscal year 2016 enacted SEC. 536. None of the funds made available by this Act may be obligated or expended to imple- read as follows: amount and is $1.6 billion above the ment the Arms Trade Treaty until the Senate The Senator from Kentucky [Mr. MCCON- budget request. However, when taking approves a resolution of ratification for the NELL], for Mr. SHELBY, proposes an amend- out scorekeeping adjustments and com- Treaty. ment numbered 4685. paring true spending, this bill is actu- SEC. 537. The head of any executive branch Mr. MCCONNELL. I ask unanimous ally $1.83 million below the President’s department, agency, board, commission, or of- consent that the reading of the amend- request. fice funded by this Act shall require that all ment be dispensed with. The committee has made difficult contracts within their purview that provide The PRESIDING OFFICER. Is there but I believe responsible decisions to award fees link such fees to successful acquisi- objection? craft a bill that stays within the 2-year tion outcomes, specifying the terms of cost, Without objection, it is so ordered. schedule, and performance. budget agreement that was agreed to (The amendment is printed in today’s SEC. 538. Notwithstanding any other provision last fall. Within these budgetary of this Act, none of the funds appropriated or RECORD under ‘‘Text of Amendments.’’) boundaries, I believe the committee otherwise made available by this Act may be The PRESIDING OFFICER. The Sen- has achieved a careful balance between used to pay award or incentive fees for con- ator from Alabama. the competing priorities of law en- tractor performance that has been judged to be AMENDMENT NO. 4686 TO AMENDMENT NO. 4685 forcement, national security, economic below satisfactory performance or for perform- Mr. SHELBY. Mr. President, I call up development, scientific research, and ance that does not meet the basic requirements amendment No. 4686 to the substitute space exploration. of a contract. amendment. The bill also funds the Department of SEC. 539. None of the funds made available by this Act may be used to enter into a contract, The PRESIDING OFFICER. The Commerce at $9.3 billion, which keeps memorandum of understanding, or cooperative clerk will report. our next generation of weather sat- agreement with, make a grant to, or provide a The senior assistant legislative clerk ellites on schedule and ensures that the loan or loan guarantee to, any corporation that read as follows: National Weather Service can continue was convicted of a felony criminal violation The Senator from Alabama [Mr. SHELBY] to provide timely warnings for severe under any Federal law within the preceding 24 proposes an amendment numbered 4686 to weather. months, where the awarding agency is aware of amendment No. 4685. To help NOAA modernize the way it the conviction, unless a Federal agency has Mr. SHELBY. I ask unanimous con- manages fisheries, the bill continues to considered suspension or debarment of the cor- sent that the reading of the amend- provide strong funding for NOAA to ex- poration and has made a determination that this further action is not necessary to protect ment be dispensed with. pand its adoption of electronic moni- the interests of the Government. The PRESIDING OFFICER. Is there toring and reporting in order to in- SEC. 540. None of the funds made available by objection? crease coverage of our Nation’s fish- this Act may be used to enter into a contract, Without objection, it is so ordered. eries and reduce costs for our commer- memorandum of understanding, or cooperative The amendment is as follows: cial fishermen. agreement with, make a grant to, or provide a (Purpose: To make a technical correction) The red snapper fishery is vital to loan or loan guarantee to, any corporation that On page 23, beginning on line 15, strike fishermen and businesses across my has any unpaid Federal tax liability that has ‘‘U.S. Census Bureau,’’ and insert ‘‘Bureau of State of Alabama and the rest of the been assessed, for which all judicial and admin- the Census,’’. istrative remedies have been exhausted or have Gulf Coast States. I am pleased this lapsed, and that is not being paid in a timely The PRESIDING OFFICER. The Sen- bill continues several provisions that manner pursuant to an agreement with the au- ator from Alabama. will help respond to the challenges fac- thority responsible for collecting the tax liabil- Mr. SHELBY. Mr. President, I rise ing anyone who wants to fish for gulf ity, where the awarding agency is aware of the this morning to encourage my col- red snapper. unpaid tax liability, unless the agency has con- leagues on both sides of the aisle to This committee remains supportive sidered suspension or debarment of the corpora- support H.R. 2578, the Commerce, Jus- of science and innovation by maintain- tion and has made a determination that this tice, Science, and Related Agencies ap- ing healthy funding for the National further action is not necessary to protect the in- propriations bill for fiscal year 2017. Science Foundation, while preserving a terests of the Government. Before I discuss this bill, I want to balanced space program within NASA. SEC. 541. None of the funds made available under this Act may be used in contravention of take a few minutes to extend my con- The budget request that NASA pre- section 7606 (‘‘Legitimacy of Industrial Hemp dolences to all who lost loved ones in sented to Congress included, I believe, Research’’) of the Agricultural Act of 2014 (Pub- the horrific act of terrorism that took a disingenuous combination of discre- lic Law 113–79) by the Department of Justice or place over the weekend in Orlando, FL. tionary spending and an unprecedented the Drug Enforcement Administration. The unthinkable act of violence under- amount of funding disguised as manda- SEC. 542. None of the funds made available in scores how critical it is for the Na- tory spending. The truth is that this Act to the Department of Justice may be tion’s law enforcement to have the NASA’s request only totaled $18.2 bil- used, with respect to any of the States of Ala- bama, Alaska, Arizona, California, Colorado, tools they need to prevent future inci- lion—a cut of $1 billion from what Con- Connecticut, Delaware, Florida, Georgia, Ha- dents and protect the American people. gress provided last year. These cuts, if waii, Illinois, Iowa, Kentucky, Louisiana, This bill funds important functions they were enacted, would erode ongo- Maine, Maryland, Massachusetts, Michigan, that are vital to our Nation’s security, ing science missions, delay exploration Minnesota, Mississippi, Missouri, Montana, Ne- including law enforcement, immigra- launches, and stifle American innova- vada, New Hampshire, New Jersey, New Mexico, tion enforcement, cyber security, and tion. New York, North Carolina, Oklahoma, Oregon, severe-weather forecasting. I believe In contrast to the budget request, the Rhode Island, South Carolina, Tennessee, this bill reflects our strong bipartisan bill now before us funds NASA at $19.3 Texas, Utah, Vermont, Virginia, Washington, relationship on the Committee on Ap- billion, preserving the funding Con- and Wisconsin, or with respect to either the Dis- trict of Columbia or Guam, to prevent any of propriations, and I thank my col- gress provided in 2016. This level makes them from implementing their own laws that au- leagues across the aisle for working it possible for the agency to continue thorize the use, distribution, possession, or cul- with us to move the bill out of the supporting ongoing science and explo- tivation of medical marijuana. committee. ration missions, especially the Space

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A15JN6.001 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE June 15, 2016 CONGRESSIONAL RECORD — SENATE S3893 Launch System and the Orion capsule United States of America to protect have the prosecutors, law enforcement, development, which are both in critical our citizens, to make sure that we are and coordinated intelligence commu- stages of development. the country of innovation and dis- nities to make the case against ter- The bill maintains strong funding for covery, and that we do this in a way rorism. We fund the Office of the U.S. the Department of Justice at $29.2 bil- that is also fiscally responsible. In Attorneys at $51 million, and we also lion, and the bill provides either the order to have bipartisanship, you must make sure that when we catch the bad budget request or at least a 1.5-percent start with friendship. Senator SHELBY guys they go to Federal prison. increase for all Federal law enforce- and I have developed that over the Also, we help local law enforcement ment operations to support men and years based on mutual respect, candor, to train and respond to the active women on the frontlines of preserving civility, and consultation. I was look- shooter incidents. In the last decade, public safety. The bill before us also in- ing forward to bringing the bill based we have had to respond to 160 incidents cludes essential cyber security funding on context. in which there was an active shooter through the Department in order to This will be the last subcommittee trying to commit mass murder. Over- protect our Nation and to track down, bill that I will bring to the Senate. all, the bill contains a 1-percent in- arrest, and prosecute child predators to With my retirement at the end of this crease for Federal law enforcement. It keep our communities safe. session, I will be leaving. But this sub- is what we could do with our budget al- I want to point out that this bill pro- committee is one that I have chaired location, but that is not enough. Our vides $2.96 billion for victims of violent for a number of years, and I have tight allocation means we can’t afford crime from the Crime Victims Fund, or worked with such wonderful colleagues the resources to respond to the threats CVF, which meets the 3-year average of on the other side of the aisle. So there of America and stay within the budget deposits into the fund and is a metric was a whole sense of excitement in caps. The FBI needs the right tools, the the Committee on the Budget re- bringing the bill to the floor. People right technology, and the right train- quested. As a result, overall funding for were working together to bring some- ing to stop terrorists before they act to victims and victim-related grant pro- thing before our colleagues in a spirit uncover these lone-wolf and organized grams—which are widely supported by of, No. 1, meeting America’s needs, operations. That is why later on in the many members of this committee as being fiscally responsible, and showing bill, I will offer an amendment for well as Members of the Senate—remain that with mutual respect we can get a emergency funding for the FBI to add at or above the 2016 levels. mutual job done. But that excitement $170 million to fight terrorism, whether I believe this bill strikes a balance ended. It ended Sunday morning when I it originates overseas or here in the between the competing priorities of woke up and, to my horror and shock, United States. We have helped with law enforcement, terrorism prevention, saw what had happened in Orlando. emergency supplemental funding for research, scientific advancement, and Orlando, I saw, was bleeding. The the FBI before, every year between 2001 U.S. competitiveness. I think we have LGBT community was bleeding. The and 2008, but the threat is growing with basically a transparent product that Latino community was bleeding. Amer- emergencies now. accommodates the Senate’s priorities ica was bleeding. It was a terrible act But Sunday’s attack was also a hate and addresses the needs of our Nation. of terrorism and hate, killing 49 inno- crime. No hate crime should be toler- I urge my colleagues at the proper time cent people, with a death toll possibly ated against any community or any to support the bill’s swift passage. on the rise, at a nightclub in Orlando. group, ever. America’s strength lies in I yield the floor. This was just terrible. I knew it wasn’t its diversity. We also have to stay to- The PRESIDING OFFICER. The Sen- the first time a terrorist with hate in gether, and we have to stand strong in ator from Maryland. his heart and a gun in his hand had denouncing prejudice and violence di- Ms. MIKULSKI. Mr. President, I, too, mowed down his fellow citizens with a rected at any group. We must speak rise in support of the Commerce-Jus- high-powered weapon. It seemed too out against hate in any form. tice-Science appropriations bill. As my hard to believe, yet I noted that last I, too, want to express my condo- colleague, the chair of the sub- Friday it was 1 year since the murder lences to those people who died in Or- committee, the Senator from Alabama, at Charleston. Innocent Americans lando. I also want to express my condo- Mr. SHELBY, said, the CJS bill does pro- going about their lives have been mur- lences to their family members, to the vide $56.3 billion to fund the Depart- dered in churches, schools, movie thea- injured, and to all who will bear the ment of Commerce and its many agen- ters, at work. They have names like permanent impact of this. cies, the Justice Department, the Na- Newtown, Aurora, and San Bernardino. This bill is also a way of showing tional Science Foundation, and the Na- America wants to know: What are we that we are serious about hate crimes. tional Aeronautics and Space Adminis- doing to keep America safe? The bill that Senator SHELBY and I tration. It meets the Bipartisan Budget I want to say to America, first of all, brought here maintains funding for the Act of 2015. Every account is pretty that in the underlying bill we really Civil Rights Division of $148 million to much at the level we funded last year. worked hard to make America safe. enforce anti-discrimination laws. We It is a bipartisan bill, it is free from The Senate CJS bill includes $3.7 bil- worked with Assistant Attorney Gen- poison pill riders, and it was reported lion to protect Americans from ter- eral Gupta and her colleagues to keep 30 to 0 from the committee. I support rorism and to respond to growing schools, workplaces, and companies the underlying bill and look forward to threats and incidents. With Senator safe and free from intolerance and dis- moving it through the Senate. SHELBY leading the way and working crimination. But again, there, we need What a difference a few days make. with me, we worked to help the FBI more help, and I hope to add $30 mil- When I left the Senate on Thursday to transform from fighting bank robbers lion to that agency to fight discrimina- return to Maryland to be with my con- to fighting ISIL and lone wolves. The tion. Hearing the strong cries across stituents, I was so excited about join- bulk of the Department of Justice, or the country, I know there will be those ing with Senator SHELBY to bring the DOJ, counterterrorism funding is for who will be calling for action on gun Commerce-Justice-Science appropria- the FBI—$3.5 billion to uncover and control. Senator FEINSTEIN and others tions bill to the floor. I was excited disrupt plots against America. For ex- will speak later on today on that. about it for several reasons—not only ample, we fund the Joint Terrorism In terms of what just happened—it about the legislation, but what the leg- Task Force, where all the agencies happened in Orlando, but it happened islation and what we brought here ac- work together in 104 cities. We make in Newtown and so on—I think we have tually meant. sure we have a watch list through the a good response in the bill, and I think First of all, we actually were going Terrorist Screening Center of indi- there are good pending amendments. to bring a bill that was bipartisan, and vidual investigations resulting in ar- But I also want to speak to the other I was going to join with my colleague rests for those who seek to join ISIL in part of the bill. One of my big issues is of so many years, Senator SHELBY of Syria. This legislation, this appropria- jobs—jobs today and jobs tomorrow. In Alabama, where we have worked to- tions bill before us, also funds some- this legislation, working again with gether, where we have tried to come up thing called the National Security Di- my colleague, we put money into this with how we meet the needs of the vision—$95 million to make sure we for jobs and innovation.

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.009 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE S3894 CONGRESSIONAL RECORD — SENATE June 15, 2016 Why is innovation so important? For tration and the Economic Development the person who has just purchased the the companies in the S&P 500, about 80 Administration. weapon had been on the terrorist watch percent of their value comes from in- I look forward to a robust amend- list? It is common sense. I don’t think tangible assets—patents and trade- ment process to address the issues re- that even the NRA can object to this— marks and research software—not lated to safety and security and other and they are accustomed to getting bricks and mortar and inventory. That aspects of the bill. I hope our col- their way around here—because this means that through innovation, com- leagues will come forth to debate— does not in any way inhibit the pur- panies need new knowledge to invent there are no restrictions here—and chase of that firearm. This is after the new products and to have new jobs. We then to offer amendments. Now is the fact of the purchase that a notification want to win not only the Nobel Prizes, time to seize the moment. is given to the NCIS system—the Na- but we want to win the markets, and I look forward to working with my tional Instant Criminal Background we have to start with research. That is colleague Senator SHELBY and all of Check System—that this person was why we fund the National Science our colleagues to move this bill. I once under investigation by the FBI Foundation at $7.5 billion, supporting think at the end of the day, we can be and/or put on the terrorism watch list. more than 11,000 research grants, and very proud of what we are doing to pro- It seems to me this is common sense. the National Institute of Standards tect America on many different levels. Had that law been in place, 50 people— and Technology at $974 million to I yield the floor. 49 innocent victims—would not be make sure that it sets our standards The PRESIDING OFFICER. The Sen- dead, and there would not be another for products to be sold everywhere in ator from Florida. 50, some of whom are fighting for their the world. Those are American stand- Mr. NELSON. Mr. President, I com- lives. ards, not Chinese standards. We are not mend the chairman and ranking mem- I will also say we have already buying Chinese mammogram equip- ber for many, many things. I want to hotlined a resolution that my col- ment. We are not buying Chinese say to the ranking member, Senator league Senator RUBIO and I have intro- equipment to make our cars lighter MIKULSKI, that we are going to miss duced expressing the condolence to Or- and safer. Also, we are doing important her upon her retirement. As one who is lando, condemning the terrorist at- work there on cyber security. near and dear to our Nation’s space tack, giving our support for the fami- Also, we have the National Oceanic program, both civilian and military, lies and friends of those affected, and and Atmospheric Administration. I am their leadership has been extraor- applauding the dedication of the law very proud of the work they do in dinary. enforcement who responded and the terms of fisheries and our oceans and MASS SHOOTING IN ORLANDO interagency officials. certainly their work in the Chesapeake I want to talk about Orlando. Since I I will also say what I repeated in my Bay. But we also have the very impor- didn’t have time to blow this up, I remarks Monday afternoon, as I had tant weather prediction, where, again, want people to see this small print, just returned from South Orange Ave- working with the other side of the where my finger is on an AR–15. A nue, the street in Orlando not far from aisle, we made sure they had the right similar weapon is what the shooter the nightclub and not far from ORMC, computational capacity to be able to Mateen used called a Sig Sauer, and it the hospital where so many of those do the weather forecasting that we has some designation of letters. It has victims are still in critical condition: need. a collapsible stock. That is probably We are healing. It is going to take a Hurricane season is upon us. We need why he was able to conceal it as he long time, but one of the things in the to pinpoint when a hurricane is coming went into the nightclub late in the healing process that we need is the ex- to be able to save lives and be able to evening while some people were leav- pression of unity instead of division. save property. Every mile of evacu- ing. It was last call. There was prob- It was a marvelous sight in the tem- ation costs $1 million. The more accu- ably some reduction of heightened porary command center, set up in the rate we can be, the earlier we can be, awareness because the evening was middle of Orange Avenue, to see the the more lives we will be able to save over. State, local, and Federal level all and also protect property. That is what The AR–15 is an extremely lethal working together seamlessly, with the they do. military weapon which, like the mili- FBI taking the lead. That is how gov- Then, of course, there is NASA. My tary M–16, can shoot a bullet called a ernment is supposed to respond. colleague from Alabama, Senator .223, or it can shoot a bullet that is a How is a society supposed to respond? SHELBY, and I have worked a number of little larger and more powerful called a Was it on Sunday when we opened our years on the national space agency. We .300 AAC Blackout, all the more that Orlando office to try to help with the have worked so hard for a balanced will do damage tearing into flesh. incoming calls, all of which were sup- space program—human space flight, re- This tragedy in my State, in the port; was it like the ceremony two liable space transportation, aero- town in which I live, could have been nights ago at the First Baptist Church nautical and space science. We have in- prevented, since he had been on the of Orlando, where it was one of unity spired new discovery. We have helped terrorist watch list for over 2 calendar and the members of the Muslim com- promote innovation. We have looked at years. While he was questioned three munity were prayed for by the other new stars from the Hubble. We have times—in 2013 and 2014—upon that faith communities in that church set- looked at new planets using Pluto. We questioning, the FBI saw no prosecut- ting; or was it in the 400 calls we had in have spawned a new satellite servicing able evidence to continue and closed our Orlando office on Monday, the day industry. We have also looked out for the case. after—95 percent of which were ex- the planet. Whether it is in Huntsville, As the Director of the FBI said, pressing hate, anti-gay, anti-immi- AL, or at the Goddard Space Flight ‘‘Once an investigation is closed there grant, anti any gun control, anti what- Center, we have really moved this is then no notification of any sort that ever it was, expressing not a message work. is triggered by that person then at- of unity but a message of division? We need our science agencies to in- tempting to purchase a firearm,’’ when This Senator had just been elected in vent and to be able to sell their prod- the case or cases were closed as incon- 2000. In the first year of my tenure in ucts, but we also want to protect ideas clusive. That was FBI Director Comey. the Senate, 9/11 happened. What I saw and innovation. That is why we fund Therefore, I have introduced legisla- was remarkable. This Senate came to- the Patent and Trademark Office. Sen- tion that would—if you have been ques- gether to crowd around the Senators ator SHELBY and I believe that private tioned about a possible terrorist act— from New York, Connecticut, and New property needs to be protected. But in- much more so if you have been put on Jersey, offering them the unity of the tellectual property is private property, the terrorist watch list but have been Nation. At the time that we were still and we want to make sure that our taken off because, as the Director said, under the terror watch on that very Patent and Trademark Office really is that case was closed as inconclusive, evening of September 11, 2001, the able to be not a bottleneck but a path- his words—when you go to purchase a Members of Congress in this Senate way to protecting this. We also pro- gun, you can purchase that gun legally. and the House said: We don’t care. We mote the International Trade Adminis- Why shouldn’t the FBI be notified that are going to the center steps on the

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.010 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE June 15, 2016 CONGRESSIONAL RECORD — SENATE S3895 east front of the U.S. Capitol Building, Many of these vehicles were bought The Senator from Florida said that was and we broke out in unison singing under programs that uniquely allow ei- the reason for the decision that was ‘‘God Bless America.’’ We were showing ther funding or equipment to be trans- made by the FBI Director. ‘‘Inconclu- our unity. ferred. When you see those holes in the sive’’ is not a good enough answer. I Where is that unity now? It is being wall where victims got out and law en- would think that if there is a reason an expressed in pockets around this coun- forcement officials got in, that was the individual is on that list, there should try, and it is being expressed to those very kind of vehicle that many in this be a conclusive reason that person is grieving in Orlando. We must do more. Congress were critical of just a couple taken off the list and not an inconclu- I yield the floor. of years ago when those same vehicles sive reason for being taken off the list. The PRESIDING OFFICER (Mr. SUL- were being used to save lives, bring I suggest we need to be thoughtful LIVAN). The Senator from Missouri. people out who had been injured in our here. When the government can put Mr. BLUNT. Mr. President, I want to country, and we heard a lot about the people on the list outside the normal follow up on the remarks of our friend militarization of the police. We didn’t justice system and because the govern- Senator NELSON from Florida. hear any of that over the weekend, and ment has put your name on a list, Let me first say a couple of things thank goodness we didn’t hear that. somehow you lose rights you might about the bill that is on the floor. This I am pleased the Senate has re- otherwise have—that is the kind of is a challenging bill to bring to the sponded to Senator RUBIO and Senator thing we wouldn’t assume our govern- floor. Senator SHELBY is the chairman NELSON’s resolution that expresses our ment would be able to do. To put some- of the committee. He has done a great gratitude for those who helped in this body on a list who needs to be watched job on bringing a bill to the floor. It is tragedy, gratitude to the law enforce- is a different thing, and how they get not the bill he would have written if he ment community, gratitude to first re- on and off that list is a different de- were writing the bill by himself. Sen- sponders, gratitude to people in the bate. But just the idea that we could ator MIKULSKI has done the same thing. community who stepped forward to do- have a government put your name or By having these bills on the floor, we nate blood, people in Orlando and my name or the name of anybody lis- have a chance to let all the Senators around the country who sent in na- tening to this on a list and that be- express their views by offering amend- tional support groups to offer coun- cause you are on that list, certain ments and voting on amendments. seling at a time when a lot of coun- things could happen that wouldn’t hap- This bill has some excellent things in seling is necessary. pen otherwise, is concerning to me. it at a critical time and pursues a na- It is hard to imagine what it would Senator STABENOW and I have been tional network of manufacturing cen- have been like to be in that nightclub. working for a long time now to try to ters. A couple of years ago, Senator It is hard to imagine what it would create an opportunity for States—back BROWN and I were able to get Advanced have been like. One father I heard yes- to the counseling element of this—to Manufacturing Centers of Excellence terday had a message from his son, treat all health care, including mental into the law in a way that the Com- over his son’s iPhone, that he thought health care, the same. We have a bill, merce Department could do things that was the last time he would ever hear the Expand Excellence in Mental they otherwise are not able to do. This from his son, and only hours later he Health Act, where we have had 24 fully funds an important program that saw a video of his son. He was one of States that have applied for the grant the administration zeros out every the people who was being helped out of process to make a proposal to the Fed- year. The victims of child abuse advo- the building. Only then did he know his eral Government that would allow cacy centers are centers where kids can son was alive. them to try this program for a couple go who have either been the victims of A lot of counseling needs to happen of years so they can see what happens. a crime or the witness to a crime and for a lot of people who lost their loved The 8 to 24 States that are able to do have the interview that needs to be had ones, people who have lost people who this will likely find out that not only and have it one time, in almost all mean so much to them. Forty-nine in- is this the right thing to do on all cases by somebody who knows what nocent people were killed on Sunday. fronts, but it is the right thing to do in they are doing—a forensic interview Fifty-three people are still suffering in- terms of health care costs generally. If that puts that crime on the record in a juries, and many more people are suf- we treat mental health care like we way that kids don’t have to constantly fering the trauma of what happens treat all other health care, all of those relive that moment because somebody when you are there or when this is costs will go down. who might be very good at inter- your community or this is your family. The last bill President Kennedy viewing adults isn’t very good at inter- We need to be thinking about that, and signed into law was the Community viewing kids, someone who doesn’t un- the resolution recognizes that. Mental Health Act at the end of Octo- derstand how traumatic that moment People need help at times like this. ber 1963. The law was meant to free the is if you are 2, 5, or 15. After a tragedy such as this, we are al- thousands of Americans who suffered Senator COONS and I were able to put most certain to hear two debates; one from mental illness and were institu- legislation on the books that extended is about the Second Amendment, and tionalized. The only problem was that that program a few years ago, and I am one is about how big of a problem is once those mental health institutions grateful to see the program fully fund- the mental health problem of this. We closed, no other alternatives had been ed, even though I am annually puzzled have now added to this debate Orlando, made available in the way they should by why the Justice Department says San Bernardino, and other places have been. According to the National we don’t need these programs for these around the world. We now have to deal Institutes of Health, one in four adult victims. That is taken care of here. with radical Islamic terrorism being Americans has a diagnosable and al- Lots of things happened, as we should used as a motivator, those who have most always treatable mental health be focusing on the law enforcement taken faith out of any rational concept issue, and they say that one in nine community. Once again, after what of faith and have used it as an excuse adult Americans has a mental health happened Sunday morning, we are for violence. issue that impacts how they live every praising the law enforcement commu- We will have debates about the no-fly day. nity. We are praising the equipment list and terror watch list. By the way, This brings me to one of the points I they have. I haven’t heard anybody those are two very different lists. The wanted to be sure to make today. We critical of the fact that there were ar- no-fly list is a relatively small list. always talk about mental health after mored vehicles—not armed vehicles The terror watch list has about 1 mil- one of these tragedies occurs. People but armored vehicles—there, the lion people on it. with a mental health issue are much BearCat they used that could perforate As a member of the Intelligence more likely to be the victim of a crime the wall. Those weren’t in the State Committee, I am still waiting to hear a than they are to be the perpetrator of capital, and the local police didn’t have better explanation as to why a terror a crime. As we have this discussion, we to call and ask: Is it OK if we get the suspect was taken off the list other want to be careful that we don’t drive armored vehicle brought down here than them coming to the conclusion people further away from an interest in from Tallahassee? They had a vehicle. that the interview was inconclusive. seeking treatment.

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.012 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE S3896 CONGRESSIONAL RECORD — SENATE June 15, 2016 If one out of four adult Americans other industrialized nation in the No one can guarantee that a shooting has a diagnosable mental health issue, world. There is something fundamen- won’t occur. No set of laws can allow this is not unique. If one out of nine tally different happening in the United us to say with certainty that there adult Americans has a diagnosable States that causes us to have these won’t still be killings in Chicago, New mental health issue that impacts how catastrophic-level mass shootings on Haven, and Los Angeles. There is no they live every day, we should be talk- almost a monthly basis. In 2015 it legislative guarantee that there won’t ing about this as a health care issue. caused us to have 372 mass shootings. be another Omar Mateen. But the idea Clearly, somebody who does irrational The definition of a mass shooting is that we haven’t even tried or proffered things may have a mental health con- when four or more people are shot at ideas on this floor and debated them is cern, but we don’t ever want to make any one time. Every day results in 80 offensive to those of us who have lived the mistake that mental health and or more people being killed by guns through these tragedies. crime are somehow the same thing. through domestic violence, accidental I have great respect for the product I will repeat this one more time: If shootings, and homicides. that Chairman SHELBY and Ranking you have a mental health issue, you It won’t surprise you to know that Member MIKULSKI have put on the are much more likely to be the victim for those of us who represent Con- floor. I know this isn’t going to make of a crime than the perpetrator of a necticut, the failure of this body to do me popular with many of my col- crime. anything at all in the face of that con- leagues or with the leadership of this For far too long, we have allowed the tinued slaughter isn’t just painful to body, but I don’t think we should pro- law enforcement community and the us, it is unconscionable. I can’t tell you ceed with debate on amendments to emergency rooms in this country to be how hard it is to look into the eyes of this bill until we have figured out a the de facto mental health care deliv- the families of those little boys and way to come together on—at the very ery system. We are doing significant girls who were killed in Sandy Hook least—two simple ideas that enjoy the and helpful things in this bill for law and tell them that almost 4 years later, support of 80 to 90 percent of Ameri- enforcement. Let’s look for other op- we have done nothing at all to reduce cans. These two ideas, two pieces of portunities to do the right thing for the likelihood that that will happen legislation, would have been poten- law enforcement by being sure that we again to another family. I shudder to tially dispositive and impactful with take one of their daily obligations—the think what it will be like for Senator respect to the case in Orlando. Senator FEINSTEIN has introduced mental health care delivery system ob- NELSON 4 years from now to talk to the one of those pieces of legislation which ligation—and look for every way we parents of those who were killed this would simply say that if you are on a can to minimize that by creating op- past weekend in Orlando and tell them that 4 years after Orlando and 8 years terror watch list, you shouldn’t be able portunities to have mental health care after Newtown, Congress has been ut- to buy a weapon. I heard one of my col- treated like all other forms of health terly silent. leagues talk about reservations about care. I have stood on this floor dozens of this legislation, but I am certain there I yield the floor. The PRESIDING OFFICER. The Sen- times talking about this subject. I is a way to bridge any divide we have ator from Connecticut. often come down to tell the story of on how to administer that protection the voices of the victims of these gun in a way that could bring Republicans GUN VIOLENCE homicides and mass shootings just to and Democrats together. Mr. MURPHY. Mr. President, first, I make sure people know who these vic- Second, in order to make that protec- extend my thanks to Chairman SHELBY tims are. They are real people with tion meaningful, we also need to make and Ranking Member MIKULSKI for put- families. This isn’t new to me, but I am sure that wherever a would-be shooter ting together a truly bipartisan bill. I at my wit’s end. I have had enough. I buys a gun, he goes through a back- am honored to be a member of the Ap- have had enough of the ongoing slaugh- ground check. If you put terrorists or propriations Committee and honored to ter of innocents, and I have had enough suspected terrorists on a list of those support this bipartisan compromise. of the inaction in this body. who are prohibited to buy guns, it This was a difficult bill to put to- Every shooting is different. There are doesn’t do much good when around half gether, but they did very good work to a different set of facts around every of all gun purchases today are made make this a product both sides could single shooting. The story in Newtown outside of the background check sys- support. I thank them for allowing me was about a deeply mentally ill indi- tem. to be a part of that process. vidual who had been isolated in his Let’s say that the Orlando shooter Second, let me acknowledge the re- school and neighborhood. It was a was on a list that prohibited him from marks of Senator MIKULSKI, who noted story about a young man who had a buying a weapon and he went to a store that in many ways the world and the fascination with violent content and and was denied that AR–15-style weap- country have changed since this bill violent video games. It was a story of a on because he was on that list. But all was scheduled to come to the floor. young man who had access to a very he would have to do is go to a weekend Our hearts break collectively in this powerful weapon and who was able to gun show or go online, and he would be country for the citizens of Orlando. In shoot and kill 20 kids. able to get that weapon without a particular, for those of us from Con- The shooting in Orlando has a dif- background check. So if you really necticut, our hearts break for the peo- ferent set of facts as well. There is want to prevent terrorists or would-be ple of Orlando because we know in a clearly a terrorist connection. It is a terrorists or suspected terrorists from very real way about the pain that ex- story about radicalization. It is also a obtaining weapons, you have to pass ists there today, and we also know how story about a very ill, very confused legislation that puts those on the ter- that pain is really never-ending. The young man. It is a story of access to a rorist watch list on the list of those ripples of that pain are unceasing and very powerful weapon. It is a story who are prohibited to buy guns; give unrelenting, and they span genera- about interaction with the FBI and the them an ability to get off that list if tions, neighborhoods, and years. New- holes in the network of surveillance they are on there without reason, but town is still putting itself back to- and checks that we need to discuss. put them on that list as a default. Sec- gether and probably will be for a long Every set of facts is different, but ond, we have to expand the sales that time, and the same goes for Orlando. what unites all of these shootings— are subject to background checks to Our hearts break for what that commu- from Littleton, to Aurora, to Newtown, make sure that we are creating a web nity is going through. to Blacksburg, to Orlando—is that the that catches that potential terrorist The world is different today than it weapon of choice in every case is a gun, when he tries to buy that weapon. was at the end of last week. There is a often a very powerful gun, an AR–15 or I am prepared to stand on this floor newfound imperative for this body to AR–15 style of gun that was designed and talk about the need for this body find a way to come together and take for the military and law enforcement to come together on keeping terrorists action to try to do our part to stem to kill as many people as quickly as away from getting guns—through those this epidemic of gun violence and in possible. What unites all of these inci- two measures—for, frankly, as long as particular this epidemic of mass shoot- dents is our failure to do anything I can, because I know we can come to- ings that plagues this Nation like no about it. gether on this issue. I know there is

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.014 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE June 15, 2016 CONGRESSIONAL RECORD — SENATE S3897 other really important business to be ticular class the word was ‘‘monkey’’ weapon. We can’t know that for sure, done here. I know other people have and, every so often, we would have a but we certainly can say that it would amendments they would like to call up. student stand up and yell ‘‘monkey.’’ have been less likely that he would I know there are other issues that Sen- That was a safe word. The teachers had have been able to get that weapon and ators would like to raise. But having worked out that if a conversation carry out this crime had those laws— come through the experience of New- started in class about the shooting, again, supported by the vast majority town, I have had enough. about maybe what one kid had seen of the American public—been in effect. It has been 4 years and nothing has and another student didn’t want to be And by acting, by coming together and been done, despite the fact that 90 per- a part of that conversation—because finding a way to act on these two non- cent of the American public wants us we remember there were survivors controversial measures, I think we also to act. The vast majority of gun own- from these classrooms as well as from send an important signal to the Amer- ers want us to expand the reach of the classroom next door—if one kid ican public and to would-be murderers background checks. Polls suggest that didn’t want to be in that conversation, that we are serious about stemming 80 percent of Americans believe that then that one child would stand up and this epidemic. people on a terrorist watch list say ‘‘monkey’’ at the top of their I think people notice when we remain shouldn’t be able to buy guns. There is lungs, and a teacher would come over silent. I know it is unintentional, but no controversy out there about these and break up that conversation. I don’t it almost seems to some people as if we two provisions. We can work it out. We know why, but I think about that a don’t care about what happens when we can work it out today. lot—about a little kid standing up and don’t try to do anything about it. I un- We got a majority of the Senate to screaming ‘‘monkey’’ in the middle of derstand that we have deep disagree- support Manchin-Toomey. That legisla- the classroom, just as a reminder of ments about how to proceed, but with tion still exists. Senator SCHUMER has how the trauma of these events doesn’t the exception of one week in 2013, we introduced other legislation. Senator end. have not brought a debate to this floor FEINSTEIN has introduced a bill to keep They say in cities across America in which we try to hash out our dif- terrorists from getting guns. I am cer- that when one American is shot, there ferences. The Republican leadership tain there are ways that it can be made are 20 people surrounding them— didn’t announce in the wake of Orlando better. friends, family members including that we are going to spend this week As someone who represents the com- aunts, uncles, children—who experi- working on trying to enact measures munity of Sandy Hook, which is still ence post-traumatic stress after that to make sure that another mass shoot- grieving today, I am going to stand on event. Studies suggest that there are 20 ing doesn’t happen. And there is a fun- this floor and talk about our experi- people that experience levels of trau- damental disconnect with the Amer- ence at Sandy Hook and Orlando’s ex- ma. Often in our cities, that leads to a ican people when these tragedies con- perience and the need to come together cycle of violence; the anger that comes tinue to occur and we just move for- on this issue of making sure that dan- from a loved one being killed often ward with business as usual. gerous people who have designs on leads to someone else getting killed as So I am going to remain on this floor mass murder don’t get dangerous weap- well. It is part of the reason why, over until we get some signal, some sign ons, as long as I can, so that we can Memorial Day weekend in Chicago, that we can come together on these allow time to try to figure out a path there were over 60 people who were two measures, that we can get a path forward, to bring this body together on shot. forward on addressing this epidemic in the issue of changing our gun laws so So this grief is never-ending for com- a meaningful, bipartisan way. that they reflect the will of 90 percent munities like Newtown, which is why I Orlando is the worst mass shooting of the American people. I know what I am as passionate today as I was in the in American history. A gunman shot am suggesting is extreme, but we have days and weeks following, and why, for and killed 49 people and shot and in- had enough of inaction in Connecticut. me, Orlando was a breaking point. I jured at least 53 others outside of I just don’t want the Senator from just look at myself in the mirror and I Pulse, a gay nightclub in Orlando. At Florida, who just spoke, to say to those think—as we will hear from some of about 2 o’clock in the morning on Sun- families 4 years from now that he our colleagues who will interject with day, a gunman opened fire inside Pulse, couldn’t do anything either. questions and who have reached a a large gay nightclub in downtown Or- Let me tell my colleagues what I breaking point as well—that we lando. It opened in 2004. The owner mean about how this affects Sandy couldn’t proceed with business as usual started it to, frankly, promote aware- Hook in an ongoing way and why I in the Senate this week, that we ness of the area’s lesbian, gay, bisex- couldn’t help myself but to come down couldn’t do what we have largely done ual, and transgender community, and and take this stand today. The families after mass shooting after mass shoot- they host monthly LGBT-related edu- that are dealing with this grief in Or- ing; we couldn’t go on and debate other cation events. There was one lando are spread out all over the coun- issues and ignore the fact that the vast ununiformed Orlando police officer try and all over the greater Orlando majority of Americans—80 to 90 per- working security at the nightclub, area. It is awful. We just can’t imag- cent—want us to take this action, and along with a number of other private ine—I certainly can’t imagine—what it that it would be impactful. security officers. The police officer is like to lose a child. These are young Now, again, you can say what I am working security exchanged fire with men and women who died in that proposing today wouldn’t have changed the gunman after this incident began. nightclub. But it is something different the result in Sandy Hook because this The gunman proceeded to retreat back to lose a 6- or 7-year-old. It is some- individual in Sandy Hook did buy the into the nightclub and take the re- thing different when four or five of weapon with a background check maining club-goers hostage, where he those kids lived on one road in New- through a legal means—his mother. I held them for three hours until 5 a.m. town. All of a sudden, overnight, four understand that. There is no one A SWAT team comprised of true heroes or five kids disappear. They are gone. change in law that is going to apply to stormed the club with stun grenades It is something different when all of every situation. But it potentially and an armored vehicle. The gunman the other kids in that school heard would have been impactful in Orlando. was killed in the resulting firefight. those gun shots. They had to flee, step- As I am sure Senator FEINSTEIN will One officer was injured. Law enforce- ping over the bodies of the administra- explain later today, there is a possi- ment rescued approximately 30 hos- tors and their teachers. bility that if her bill had been in effect, tages. That pain stays with you for a long the FBI could have put this individual In a press conference at about 10:30 time as a community, such that in the on a list that would have prohibited that morning—we all remember this— months and months after what hap- him from buying a weapon. And had we the police indicated that 50 people were pened in Sandy Hook occurred, you expanded background checks to make killed and 53 more were injured. The could be in a classroom and hear a sure that they applied to Internet sales shooter was identified as Omar young child scream out a word that and gun show sales, then he might have Seddique Mateen, 29, a U.S. citizen seemed like a non sequitur. In one par- been stopped in his ability to get this from St. Lucie County, FL.

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.016 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE S3898 CONGRESSIONAL RECORD — SENATE June 15, 2016 We now know that this shooter be- terrorism. We think of terrorists as here. It is not focus on terrorism or came a person of interest to law en- using bombs or improvised explosive focus on guns. It is both. It is the need forcement in 2013 when the FBI learned devices as their weapons of choice. In to continue to support the momentum that he had made comments to cowork- fact, the reality is that over the course that exists on the ground in the Middle ers alleging possible terrorist ties, and of the last 12 months, it has been the East to defeat ISIS and defeat them for again in 2014. The FBI did open an in- military assault weapon that has been good and to harden our defenses here in vestigation into the shooter, but it was the weapon of choice of would-be ter- the United States to make sure these subsequently closed when they didn’t rorists. potential lone wolf attackers can’t get think that it warranted any further in- The San Bernardino shooter and the access to an assault weapon. vestigation. Orlando shooter chose a gun, not a Think about this statistic today. We Mateen was armed with an AR–15- bomb, in order to carry out their at- know who is on the list of those who style assault rifle and a Glock hand- tacks. Why? Because it is, frankly, a are being watched as potential terror- gun. He did obtain licenses to buy both lot easier to get a powerful rifle that ists, and we can match that against of these guns legally—a handgun and a was designed for the military than it is who has requested to buy a weapon, long gun. He bought them about a to obtain or construct a military-ca- and the statistics are pretty stunning. week or two before the incident, so it is pacity bomb or explosive device. Individuals on the consolidated ter- pretty clear he was buying these weap- We have to admit that there is this rorist watch list cleared a background ons with an intent to kill civilians. trendline heading in the direction of check when seeking to obtain a gun in Prior to the shooting, Mateen called powerful firearms that used to be 91 percent of the attempted trans- 911 and pledged his allegiance to ISIS. banned in this country—and by the actions between 2004 and 2014. That is a He mentioned the Boston bombers. It is way, through bipartisan legislation—to total of 2,043 successful transactions a complicated story line, and we know carry out this destruction. You don’t out of 2,233. There are 2,000 people, over some of the other story lines about this have to listen to me; you can listen to the course of 10 years, who are on the shooting, as well, including whether he terrorist organizations themselves. terrorist watch list and who walked had been frequenting that club prior to ISIS today relies on lone wolf into a gun store and bought a weapon. entering it as the shooter. It is a com- attackers in order to perpetuate its Now, those are only the ones we know plicated story line. But at the root of it mythology of increasing strength. Why about, because 40 percent of gun sales is someone who had been flagged by the is that? Well, it is because we have ac- happen outside of gun stores. So there FBI. The root of it is someone who had tually had success in reversing their are likely another 1,000 to 2,000 people access to a weapon that was not de- territorial gains in Iraq and Syria. ISIS on the terrorist watch list who got signed for civilians. is on the run in the Middle East. They guns through other mechanisms. AR–15-style weapons weren’t legal in are far from being defeated, and we If we are serious about taking on ter- the United States until 2004 after being need to keep up strong steps to con- rorism, then we have to beat these banned for 10 years. It is not coinci- tinue to support the Syrian rebel forces guys where they live in the Middle dental that there was a massive in- and to support the Iraqi Army to push East, and we have to support the ad- crease in mass shootings in this coun- ISIS back. ministration’s efforts to do that and try after 2004. We are still gathering in- They have two narratives that they supplement them, but we also have to formation on the exact nature of the proffer in order to recruit people into make sure these potential mass shoot- motive, but what we know is this inci- their ranks: No. 1 is that the caliphate ers don’t get their hands on powerful dent is the deadliest mass shooting and was inevitable and growing, and for a weapons, especially when we know the highest casualty mass shooting in long time it was. That so-called caliph- they have connections to terrorist American history, but it is not the ate—their geographical territory of sources. In order to do that, we have to first, and if we don’t do something, it control—was growing. No. 2 is that the do both. We have to put those people won’t be the last. East is at war with the West, that this who are on the terrorist watch list on In 2009, in Fort Hood, TX, a gunman is a fight between the Muslim faith and the list of those who are prohibited shot and killed 13 people and shot and the Christian faith. from buying weapons, and we also have injured 30 others at the Fort Hood mili- Well, that first narrative is not as to make sure that wherever that per- tary post. In August of 2012, in Oak available to them as it used to be be- son is going to buy a weapon, they are Creek, WI, a gunman shot and killed cause the people who are thinking of checked to make sure they aren’t a ter- six people and injured three others at a signing up for ISIS don’t have to read rorist. Sikh temple in Oak Creek. In June of too deep in the news to know that the Mr. President, I don’t know how long 2015, in Charleston, SC—and we are sit- so-called caliphate is shrinking, not I will last here, but I hope I will be able ting on the 1-year anniversary of this growing. It doesn’t look so inevitable to give time to our leadership to come mass shooting—a gunman shot and that ISIS is going to control big por- together and try to find a path forward killed nine people at the Emanuel Afri- tions of the Middle East for the long on legislation that will make this can Methodist Church, one of the old- term. Looks like the gig might be up country safer and will acknowledge est Black congregations in the South. for them, so they are now more than that our gun laws are part of the About a month later, in July, a gun- ever relying on the second narrative— story—not the whole story but part of man shot and killed five people, includ- that this is a much broader war be- the story—as to why this mass slaugh- ing two U.S. marines and a naval offi- tween the East and the West, and so ter continues in this country. I live cer, and shot and injured two others. In lone wolf attackers in places such as every single day with the memory of San Bernardino, at the beginning of Paris or Brussels or Orlando or San Sandy Hook. I know this is inconven- December of 2015, 2 gunmen killed 14 Bernardino become much more impor- ient for the leadership and for col- people and injured 21 others at the In- tant to their continued international leagues on both sides of the aisle. I get land Regional Center. I mention these growth. So it is not without coinci- that. Most of the time around here, I particular shootings because these dence that terrorist groups have made am a team player, but I have had it. I were the shootings that were inves- it very clear to potential converts in have had enough, and I just couldn’t tigated as acts of terrorism. These are the United States that a firearm works bring myself to come back to the Sen- the shootings that have involved con- just as well as a suicide bomb. They ate this week and pretend like this is nections to radical groups or the inten- took credit very quickly for this at- just business as usual. We have to do tion to commit an act of terrorism tack, and they are going to be hoping something. We have to find a way to against a minority group. there are others who will go to a store come together. So I think it is right that we drill and buy a powerful assault weapon and I don’t know how long this will take, down today on this issue of stopping turn it on Americans. It is our duty to but I am going to stand here and con- would-be terrorists from getting guns do everything possible to make sure tinue to hold the floor while we give because just since 2009 this would be that doesn’t happen. time for our colleagues to try to figure the sixth American mass shooting to It isn’t an either/or proposition. It is out a path forward to recognize that be investigated by the FBI as an act of not fight them there or fight them without changes in this Nation’s gun

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.017 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE June 15, 2016 CONGRESSIONAL RECORD — SENATE S3899 laws supported by the vast majority of realistically there—and its investiga- and then defended it in court after it Americans, the slaughter will con- tions might have been continued and was adopted. These measures of protec- tinue. pursued had that law been in effect. tion will require steps against those I see my colleague from Connecticut Background checks are a means to en- kinds of assault weapons that are truly rising. I will yield to my colleague force existing law and prevent cat- weapons of destruction, designed to from Connecticut for a question with- egories of people already deemed too kill and maim human beings as quickly out losing my right to the floor. dangerous to buy guns—convicted fel- as possible and as many people as pos- Mr. BLUMENTHAL. Mr. President, I ons or drug addicts or others in those sible. have a question which I will preface categories adopted literally decades Those assault weapons, whether they with the context of that question. ago with the full support of the oppo- were involved in Orlando or not or in First, I thank him for his leadership. nents of background checks who may any of those other examples, such as We have worked together as a team be in opposition now. These measures Aurora, Virginia Tech, and Sandy on this issue of gun violence prevention complement each other. Hook, clearly presented threats and and the fight against terrorism abroad We know we must fight terrorism were implements of destruction there. and at home, and I thank our other col- abroad. We are at war against ISIS. We We must take action. We must come leagues who will be part of this effort. must pursue that war effectively, ag- together. We must unify as a nation to It is very much a team effort that we gressively, and relentlessly. We must recognize the common threat rather bring to the floor today, involving our fight the homegrown terrorists who are than divide ourselves with the kind of friend and distinguished colleague from either inspired or supported by ISIS, demagogy that has been all too com- New Jersey, Senator BOOKER; Senator the lookalikes and soundalikes who mon in the wake of these tragedies. FEINSTEIN, who has worked so hard on claim allegiance to ISIS, whether they So I ask my colleague a question, and this legislation before we arrived here; are supported or inspired, and for I look forward to continuing to ask our colleague Senator DURBIN, who is whom ISIS may claim responsibility. questions and working with him as with us now; and Senator SCHUMER. So The defenses must be hardened at part of this team today to continue the many of us feel so deeply. home. That is part of what we are seek- pressure that we feel must be brought I think for Senator MURPHY and my- ing to do here, just as we fight abroad to bear at this moment of national cri- self, the deeply emotional experience of against terrorism that would reach our sis, when the conscience of the nation Orlando evokes the images and sounds shores and threaten our security. can be evoked, when we all owe it to and sights of Newtown on that tragic Those measures must involve some ourselves to search our consciences and day when both of us were there and military action, and that military ac- convictions, look at ourselves in the witnessed the aftermath of 20 beautiful tion includes intercepting intelligence mirror, and look the Nation in the eye children and sixth grade educators and finances, air superiority, and air and say: We must act. We cannot allow gunned down senselessly and needlessly aid for our allies on the ground, with- this moment in our history to pass in an act of unimaginable and unspeak- out committing massive numbers of without action. able horror. U.S. troops to that effort. That war I ask my good friend and colleague, This effort is more than about just must be pursued even as we pursue the Senator MURPHY, if he can understand words. This Chamber is filled with war against terror and hatred here at why this body has so long refused to words. Rhetoric is the business of the home. recognize the will of the Nation and floor of the Chamber. We are here But hardening our defenses requires why for so long the Senate has been, in today to seek action, and action has that kind of action. So as a body we effect, complicit by its inaction in been too long delayed on banning gun must commit to stop the terrorist gap these kinds of killings—30,000 a year. violence, the kinds of acts of hatred from continuing to threaten our secu- What about the influence of the gun and terror that happened in Orlando. rity at home, as well as implementing lobby has made it so powerful in exert- Actions speak louder than words, and universal background checks that will ing this hold over the Congress and the Nation deserves action. Ninety per- keep guns out of the hands of dan- many of our State legislators, and cent of the American people want sen- gerous people. We owe it not only to what can we do to address this public sible, commonsense measures like the memory of the children and edu- health crisis? It is more than just an background checks to be adopted by cators at Sandy Hook and to the count- epidemic; it is a public health crisis, a the Senate. less innocent people who have perished scourge of gun violence that we must There is no question that we are since in the mass shootings that so pre- counter. learning more in shock and horror occupy our attention but also the daily If 30,000 people died as a result of about the details of Orlando. It seems shootings—30,000 of them every year. Ebola or Zika or some other disease, to have involved potentially insidious In downtown Hartford and around Con- the Nation would be rightly outraged. bigotry and hatred, a pernicious, ex- necticut, no place is immune. No one is There would be drastic and immediate tremist ideology, perhaps inspired by safe so long as there is this threat. action. Why is there not for this public ISIS and others abroad, as well as very These measures are modest, and they health crisis and this health epidemic likely mental illness of some kind. But should be followed by others, such as a that is not only threatening but is we know it was an act of terror and ha- repeal of PLCAA, the protection deadly to our Nation? tred that can be prevented by the kinds against domestic violence for victims, Mr. MURPHY. I thank my colleague of measures we are seeking today, spe- and the kind of measure I have offered, for the question, and I want to reit- cific measures preventing anybody who the Lori Jackson Act. The repeal of erate the nature of our partnership is too dangerous to fly in a commercial PLCAA, which my colleague from Con- that he underscored. plane from buying a gun—no flying, no necticut and I have championed, would He and I were there together in New- gun. Someone who is deemed to be a repeal immunity that is unique to the town in that firehouse hours after that terrorist or deserving to be on the ter- gun industry. A ban on illegal traf- shooting, and we have spent probably rorist watch list should also be deemed ficking and straw purchases, mental hundreds of hours with the families. too dangerous to purchase the kinds of health issues, and school safety steps Since then, we have probably spent weapons this individual was able to are measures that must be pursued as hundreds of hours together on this purchase. part of a strategy to combat gun vio- floor arguing as a team for changes in We need to strengthen the FBI be- lence and terrorism, whether it is in- our laws. cause its investigative authority, in ef- spired by ISIS or an organization I am so grateful to my friend Senator fect—perhaps not legally but in effect— abroad or homegrown here. These BLUMENTHAL for being part of this ef- would have been strengthened by this measures are complementary, and they fort today. He is right in stating that kind of measure, enabling anybody too must be pursued together. long before I was, shall we say, a con- dangerous to fly to also be stopped We have lived too long, and I have vert on this issue myself in the days from buying a gun. This individual worked literally for decades since I and weeks following Sandy Hook, it could have been stopped—not with any first supported a ban on assault weap- was Senator BLUMENTHAL as our attor- certainty, but at least the possibility is ons in Connecticut in the early 1980s ney general and then as our Senator

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.018 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE S3900 CONGRESSIONAL RECORD — SENATE June 15, 2016 who has been fighting this fight for part to remove their names from that those who seek to do us harm, those years. list if there is an error or a mistake of who seek to inflict terror, those who Connecticut has some of the strong- fact that has caused them to be on that seek to inflict grievous bodily harm, est laws keeping guns out of the hands list without good reason. So these those who seek to kill Americans, and of criminals in the Nation, and it is not measures that bring us to the floor they have the ability to exploit loop- a coincidence that our gun homicide today acknowledge and recognize the holes in order to have access to weap- rate is one of the lowest. importance of that Second Amendment ons. I will just say this to answer the Sen- right, and the potential impact of our So I stand on the floor today in prep- ator’s question. I know my colleague opponents in their arguments against aration to ask a question to Senator from New Jersey is rising as well. The it—saying that there is a lack of due MURPHY, wanting to say that the moti- United States is unique. We have writ- process and that the people will be de- vation for his presence on the floor ten into our Constitution language nied that Second Amendment right—is right now is that we just cannot go on about the intersection of private indi- really mistaken. Is that not correct? with business as usual in this body at a viduals and firearms. So we have to Mr. MURPHY. That is true. I thank time where there is such continued, take seriously the words that are in the Senator for making that patently grievous threat and vulnerability to that Second Amendment. But even in clear. our country, where you see again and the controversial Supreme Court case, What we are suggesting here is that again mass shooting after mass shoot- which overturns decades of precedent the way we can come together in this ing. and held that there was, indeed, in the body is around the simple premise that There is a saying that the only thing Constitution an individual right to own individuals with serious criminal necessary for evil to be triumphant is a firearm, the author of that decision, records, individuals who have been for good people to do nothing. I am Justice Scalia said definitively that it deemed mentally incompetent or in- grateful to Senator MURPHY for his is not an absolute right and that, yes, capable, and people on the terrorist conviction in our conversations yester- the majority of that Court was holding watch list shouldn’t be able to buy fire- day and into the night that we could that there is an individual right to a arms. That is it. That is what we are not just go along with business as firearm, but there is not an individual talking about here today and to build usual; that we have had enough; that right to any firearm under any condi- out that system in an effective way we have to push this body to come to tions at any time that you want it. that is as foolproof as possible. some consensus on that which the So I think part of the problem for my That has nothing to do with the limi- overwhelming majority of Americans, colleague from Connecticut is that the tation on an individual’s Second indeed, the overwhelming majority of gun lobby has managed to convince Amendment right. If someone wants to gun owners in this country and, indeed, many members of the public that the go buy a firearm, they are not a sus- the overwhelming majority of NRA Second Amendment is unconditional, pected terrorist, they do not have a se- members in this country believe; that when it is not. It allows for reasonable rious criminal record, and they have we should put commonsense safety limitations on the right to own a weap- not been judged or deemed by a judge measures in place to protect against on. to be mentally incapable of making terrorists obtaining firearms to inflict What we know is that in States that their own decisions, then there is noth- the kind of carnage we have seen too have imposed those reasonable limita- ing in what we are proposing in this often in this country and in others. tions, there are less gun crimes. There body to come together on that would Please understand, while many people are less homicides. There is no truth to restrict that. imagine that when terrorists act, they this mythology that the only way to I yield to my friend, the Senator act with bombs, more and more across stop a bad guy with a gun is to have a from New Jersey, Mr. BOOKER, for a the globe and across the United States good guy with a gun. There is no truth question, without losing my right to they are acting with assault weapons to the mythology that if there are the floor. and firearms. more guns in a community, there is Mr. BOOKER. I thank the Senator We are here today to say: Enough. I less gun homicides. It is the exact op- from Connecticut, CHRIS MURPHY, and have cleared my entire day. This will posite. the senior Senator from Connecticut as not be business as usual. I cleared my I think the gun lobby has been able well. evening events so that I could stay on to convince not just colleagues but I do want to echo his spirit and the this floor and support Senator MURPHY many of our fellow Americans that the deference he gave to Senator BARBARA as he pushes this body to come to some Second Amendment is absolute in its MIKULSKI and Senator SHELBY. Both of consensus, in the way the country has terms. It isn’t. these two Senators are people I respect already done, to find commonsense, I think they have also been success- a tremendous amount. In fact, I would practical ways we can protect this Na- ful in perpetuating this mythology go beyond that for Senator SHELBY and tion from terrorism. that good guys with guns stop bad guys Senator MIKULSKI because I have deep The Constitution of this country be- with guns, when, in fact, most of the affection for them. They are great, gins with the understanding that the time when you have a gun in your strong legislators, and they have pro- primary responsibility of this Nation is home, it is going to be used to kill you duced legislation that is important to about the common defense. It says in and not used to kill an intruder. this country. I have a reverence for our preamble that ‘‘We the People of I don’t know if the Senator has an- their work, the attention to detail, and the United States, in Order to form a other question. But if he does, I yield the focus they have provided preparing more perfect Union, establish Justice, to the Senator without losing my right legislation to move forward. insure domestic Tranquility, provide to the floor. I asked for indulgence from them to for the common defence, promote the Mr. BLUMENTHAL. I need to follow understand why I stand on the floor general Welfare, and secure the Bless- up with an additional question, and today preparing to ask a question to ings of Liberty to ourselves and our then my colleague from New Jersey is Senator MURPHY. Last night, Senator Posterity, do ordain and establish this on the floor to ask a question. MURPHY and I talked about the tragedy Constitution for the United States of On the issue of Second Amendment of what happened in Florida. It was America.’’ Written there in plain rights, which Senator MURPHY has just painful to both of us because we knew English, the Constitution laid out the pointed out so well, that is the law of this was not in any way an anomaly. very form of government in which this the land. There is a Second Amend- This was something happening with body stands and put in clear English at ment right for law-abiding people to terrible, savage routine. In this Nation the beginning that we are to focus on buy and possess firearms. But is it not we are seeing mass killing after mass domestic tranquility, the common de- true that in these measures, we are killing after mass killing after mass fense, the general welfare. So we can- talking about people who are dan- killing. not go on with business as usual in this gerous and who are recognized to be We both understood, with other col- body. We must stand because this vio- dangerous? That is why they are on the leagues, that right now our Nation lence in our country will continue un- list. And there is also a right on their stands at a point of vulnerability to less we take measures, commonsense

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.020 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE June 15, 2016 CONGRESSIONAL RECORD — SENATE S3901 measures, to restrict these firearms What we are seeking is not radical. The question of my colleague is, Why from going to known or suspected ter- What we are seeking is not something can we not get consensus here? I guess, rorists. that is partisan. What we are seeking at some level, it is tough for me to an- I believe this is a day that should not is common sense and is supported by swer that because it seems so clear to be business as usual. I believe this the overwhelming majority of this Na- me that I am willing to vote for those should be a day that this body comes tion. In study after study, poll after measures. I am willing to cosponsor together as it has before, to put forth poll, survey after survey of gun owners, them. I am willing to come to the floor commonsense safety measures to pre- of people who have weapons and who and speak in support of them. In many vent terrorism. I want to paraphrase take to heart their Second Amendment ways, it is a question for those who are one of our great leaders, Martin Luther rights—when you ask them ‘‘What blocking these measures from coming King, who said: What we will have to should we do? Do you support closing forward. As I said before, I believe repent for in this day and age is not the terrorist loophole, creating prac- much of it is rooted in what I believe is just the vitriolic words and violent ac- tical, commonsense bars for people who a misunderstanding of the Second tions of the bad people but the appall- are suspected of terrorism from buying Amendment. It is not an absolute ing silence and inaction of the good a gun,’’ 82 percent of gun owners say right; it comes with responsibilities people. ‘‘Yes, we should do that.’’ They say: and conditions. I think a lot of it is a That is why I stand now to ask a Enough. misunderstanding about the data that question of the Senator. That is why I Mr. SASSE. Mr. President, humbly, I suggests—State by State, community will stay on this floor with my col- raise a point of order about whether by community—if you have tougher league from Connecticut and support there is a question. I would like to ask gun laws that keep guns out of the him in this effort to move this body a question. hands of criminals or prevent these into putting forth the commonsense The PRESIDING OFFICER (Mr. powerful military-style assault weap- steps we should take to prevent weap- SHELBY). The Senator from Con- ons from flowing through your streets, ons from getting into the hands of our necticut may yield for a question only you are going to have less level of gun enemies, from getting into the hands of without losing his rights. homicide. terrorists, from getting into the hands Mr. BOOKER. Mr. President, I have a So part of our effort—and part of my of people who seek to wreak the kind of question, but I think I can have a pre- belief—is to come to the floor today to carnage that our Nation tragically wit- amble to my question to set the con- continually reinforce what the real nessed this past weekend. text of the question. story is about the nature of the under- The Senator from Connecticut, my The PRESIDING OFFICER. Ask the lying right and about what the data colleague and friend, went through the question through the Chair. tells us, but also, Senator BOOKER, unforgettable lists of mass shootings— Mr. BOOKER. The question I would about what we know to be the threat to Newtown, 20 schoolchildren and 6 em- like to ask is, Given the fact that the this country. Research shows that on ployees killed; Santa Monica, 5 Ameri- overwhelming majority of Americans U.S. soil, people who are seeking to cans killed; Washington, DC, at the support commonsense gun legislation, commit acts of terror rely almost ex- naval yard, 12 people killed; Fort Hood, given the fact that 82 percent of gun clusively on guns. And when guns are 3 people killed; Isla Vista, CA, 6 people owners support closing the terrorist used in potential acts of terror, they killed; Marysville, WA, 4 people killed loophole, and given the fact that 75 are vastly more likely to result in cas- in a high school cafeteria; Charleston, percent of NRA members support clos- ualties—when guns are used. SC, 9 people at a church killed; Chat- ing the terrorist loophole, why does the Now, this isn’t me talking. This is an tanooga, TN, at a military recruiting Senator from Connecticut feel this analysis of domestic terror attacks in office, 4 marines and a naval petty offi- body is not moving on commonsense the United States by Professor Louis cer killed; Roseburg, OR, 10 people legislation that will protect our Na- Klarevas of the University of Massa- killed at a local community college; tion, that will defend us against terror- chusetts. He showed that since Sep- Colorado Springs, CO, 3 people killed at ists, and that will prevent tragedies tember 11, 2001, 95 percent of the asso- a Planned Parenthood clinic; San such as the one that happened in Or- ciated deaths connected with terrorist Bernardino, CA, in an act of terrorism, lando? attacks—with terrorism—were com- 14 people killed; Orlando, this past I direct my question to the Senator mitted with guns. weekend—this past Saturday night—49 from Connecticut. According to a project run by the De- innocent people murdered, killed. Mr. MURPHY. I thank my colleague partment of Homeland Security’s Cen- I rise to ask Senator MURPHY a ques- for his question. I think this is a ques- ter for Excellence at the University of tion because there is a question on the tion people throughout this country Maryland—something called the Global hearts and minds of the majority of the are asking today: Why are these meas- Terrorism Database, which is a govern- people of our Nation. They are asking ures we are asking for consensus on ment database run by the Department the question: How long will this go on? today so controversial in the Senate of Homeland Security—terrorist at- They are asking the question: How can when they are not controversial in the tacks in the United States are 10 times we be a nation so mighty and great, American public? more likely to result in fatalities when yet hold this distinction on the planet My colleague Senator BOOKER talked they involve guns than when they do Earth where these kinds of mass about the statistics. It is not just that not. Between 1970 and 2014, nonfirearm killings go on at a rate, at a level no- 90 percent of the American public sup- terrorist attacks resulted in deaths 4 where else seen on the planet Earth? It ports expanded background checks to percent of the time, whereas 40 percent is here in this country—founded upon make sure people aren’t criminals of the attacks involving firearms re- the idea that we formed this govern- when buying guns; it is that the major- sulted in deaths. ment for our common defense, that we ity of gun owners support expanded If you really want to get down to the formed this government to ensure do- background checks. It is Democrats chilling bone here, Mr. President, lis- mestic tranquility, that we formed this who support it. It is Republicans who ten to the words of one of the most no- government based on the idea that we support it. torious Al Qaeda operatives—actually can make for a safer, stronger, and Similarly, on the issue at hand an American who is now deceased— more prosperous land—that question is today, which is making sure potential whose name is Adam Gadahn. He re- being asked from coast to coast, from terrorists don’t obtain weapons, a simi- leased a video in 2011. In it he said: north to south. lar majority of the American public In the West, you’ve got a lot at your dis- Senator MURPHY and I talked yester- supports that as well. There is less posal. Let’s take America for example. day about coming to the floor today polling on that question, but sugges- America is absolutely awash with easily ob- and not letting business as usual hap- tions are that 75 to 80 percent of Amer- tainable firearms. You can go down to a gun show at the local convention center and pen. We talked with our other col- icans support the idea that if you are come away with a fully automatic assault leagues who will come to this floor on the terrorist watch list, if you are rifle without a background check and most today and who all have in their hearts on the consolidated list, then you likely without having to show an identifica- that word: Enough. Enough. Enough. shouldn’t be able to obtain a weapon. tion card. So what are you waiting for?

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.022 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE S3902 CONGRESSIONAL RECORD — SENATE June 15, 2016 Even if his facts weren’t 100 percent the ‘‘terrorist watch list,’’ and I cer- My question to the Senator from correct on whether you can get a fully tainly don’t understand what due proc- Connecticut goes to a city which I am automatic weapon at a gun show, this ess rights would apply to this list. If honored to represent, the city of Chi- is clearly a message being sent by some the Senator could help clarify that, cago. There were 488 homicides in Chi- of the most notorious operatives and that would help me. I thank the Sen- cago in 2015. The vast majority of those recruiters within the Al Qaeda and ator. were shootings. Chicago’s 488 murders ISIS network: Go get a gun. They are Mr. MURPHY. I thank the Senator were the highest total number of any easily obtainable. Do as much damage from Nebraska for his question. U.S. city last year. In New York, there as possible. There is something called the con- were only—only—339 in comparison, So to answer Senator BOOKER’s ques- solidated watch list, which is an amal- and in Los Angeles, 280, cities much tion, I guess I don’t want to sit here gam of a number of different databases. larger than Chicago with much smaller and impute malevolent motives or in- As the Senator understands, one of numbers of homicides. them is the no-fly list. The legislation tentions or the interference of interest The Bureau of Alcohol, Tobacco, Senator FEINSTEIN has propounded and groups on my colleagues. I just have to Firearms and Explosives has gone to will propound refers to those consoli- believe that we have the facts wrong the areas of Chicago where we have the and that we are maybe misreading our dated lists and then provides the abil- ity for an individual to contest their most intense gunfire and killings tak- constituents. I know people who listen ing place on a regular basis. Here is to the NRA are very vocal. I know they placement on those lists, to be able to be notified why they were prohibited what they told me in 2015: Forty per- call in to all of our offices frequently cent of the crime guns confiscated and express their opinions very strong- from buying a gun and to be able to contest that with either the agency after these homicides and killings ly. I will admit that the majority of came from gun shows in Northern Indi- Americans—and this majority exists in that put them on that list or with the NICS database itself. I take seriously ana, just across the border from Chi- every single State—who support ex- this issue of due process. As we know, cago. panded background checks, support there are certainly people who are on The reason I raise this question is, I keeping terrorists off the watch list, that list who should not be—as, frank- believe the second part of this sug- they are maybe not as passionate in ly, there are people today on the list of gested approach—terrorists, the loop- their views. So it may also be that those prohibited from buying guns who hole, closing that once and for all, and, there is a misread coming on where the should not be. There are mistakes secondly, closing the loopholes when it American public exists on this ques- made on the NICS list today—names comes to background checks—would tion. I think there are more and more that get put on there that shouldn’t be include and envision putting an end to Americans who are rising up and put on, people who may have been what we see happening in Chicago, choosing to make this a priority when wrongfully convicted. where in the most dangerous neighbor- they come to the polling places and I would agree with the gentleman hoods 40 percent of these crime guns when they talk to us. that it is important that the legisla- are crammed into the trunks of cars at To Senator BOOKER, I think this is tion we come to agreement on specifi- gun shows in Northern Indiana, with no just about trying to do our best to cor- cally refers to the set of lists—which I background checks. Then, the people rect the record—as the Senator said, would suggest mirror the consolidated who buy them head for the city, to the doing our best to explain that what we database that is maintained by Federal streets of Chicago, to sell them, usu- are asking for is not revolutionary. It law enforcement—and have a very ex- ally to teenagers who then spray their is not radical. It is simply common- plicit right to get off that list. I don’t bullets at night in gang warfare and sense. If we lay it out in plain facts, think it is impossible that we can come other activity. most of the people we represent would together on that in very short order. My question to the Senator from expect that we would have already I yield to the Senator from Illinois Connecticut—there are so many other taken care of this. If we told them we for a question without losing my right aspects we need to address—straw pur- have not yet put individuals who are to the floor. chasing is one, assault weapons is an- on the terrorist watch list on those Mr. DURBIN. If the Senator from other—but what the Senator is trying that are prohibited from buying guns, I Connecticut will yield for a question— to focus on is not just the horrible think they would be very surprised. If first, let me say at the outset I thank tragedy that occurred in Orlando but we told them that the majority of gun him for his leadership. I am happy to to really expand our reach in terms of sales happen without background join with this willful band who feels as addressing new legislation when it checks, I think they would probably be he does; that this is an issue long over- comes to closing the loopholes in the surprised by that. I think they expect due and that the American people have law—loopholes which allow gun show us to act on this. asked us over and over again: When is sales without background checks and I know the Senator from Nebraska is Congress going to do something about sales over the Internet without back- looking to ask a question. I would be these mass shootings and the carnage ground checks. I would ask the Senator happy to yield to the Senator from Ne- which has taken place? from Connecticut the rationale behind braska for a question without losing I would like to ask a specific ques- including that provision. my right to the floor. tion, though, about an element here. Mr. SASSE. I thank the Senator We have talked about terrorism, those Mr. MURPHY. I thank the Senator. from Connecticut. who may be on a terrorism watch list The Senator from Illinois, like Senator I am happy to defer to the assistant or some version of it, which Senator BLUMENTHAL, has been a leader and a Democratic leader if he has a question FEINSTEIN will address in her amend- hero on this issue since before I got to first. ment, but there is a second part to this the Senate, and he is exactly right. The I thank the junior Senator from Con- which is equally, if not more, impor- state of this Nation is not just this re- necticut for helping lead us into an im- tant, from my perspective. We define peated story line of mass shooting portant discussion. I do have a genuine mass murder as those that involve after mass shooting, it is the fact that question. more than four victims, but many of us even on days when there is not a mass In your colloquy with the senior Sen- are living and representing commu- shooting, there is the equivalent of a ator from Connecticut, I think the nities where there is massive murder mass shooting happening in cities like question was asked that there is due taking place over long periods of time. Chicago, Baltimore, or New Orleans process for I think what the Senator Maybe not so many deaths in one par- every single day. The numbers over has been calling the terrorist watch ticular incident but over a long period Memorial Day weekend over Chicago list. I would just ask if the Senator can of time. Yesterday, our colleague from are absolutely chilling. explain to me what the terrorist watch New Jersey eloquently explained to us, Think about living in a city in which, list is. I am familiar with the terrorist in our private caucus luncheon, about over the course of what should be a screening database. There is a series of the carnage in his hometown that has celebratory weekend, there are 60-some lists that fall from the database, but I taken place in New Jersey for a long odd incidents of gunfire, and that is don’t think there is any such thing as period of time. just gunfire that hits people. So it is

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.024 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE June 15, 2016 CONGRESSIONAL RECORD — SENATE S3903 critical we acknowledge that this epi- measures that we are seeking to ad- I yield to the Senator from New Jer- demic that we are often focused on be- vance on the floor today also empower sey for a question without losing my cause of these mass shootings is an epi- and enable a stronger alliance with our right to the floor. demic that exists every single day in allies abroad that are joining us in this (Mr. SASSE assumed the Chair.) this country. fight. Mr. BOOKER. Senator MURPHY, I am Senator DURBIN is right that part of I ask that question of him because he grateful for your yielding for a ques- the reason we are asking that expanded as a member of the Foreign Relations tion. I think I want to drill deeper background checks be part of this Committee, as I am a member of the down on that point because I am not agreement that we come to over the Armed Services Committee, is aware of sure if Americans understand that course of today is because while we are the importance of acting with our al- there is a lot of bipartisanship when it on the bill that funds the Justice De- lies abroad. These measures, do they comes to CVE, countering violent ex- partment, while we are debating the not, enable us to form and enlist and tremism. I am very proud to serve on bill that funds, in part, the background advance those alliances? the Homeland Security Committee. I checks system, let’s make sure it Mr. MURPHY. I thank the Senator have worked with members on the works. As the Senator knows, the data for the question because of course this other side of the aisle to do a lot of is clear: In jurisdictions that have is a global fight against terrorism. This commonsense things to try to counter near-universal background checks, is not a battle that can be waged by violent extremism here at home. Those there are less gun deaths—period, stop. one country and one country alone. involve efforts of coordination, as Sen- In jurisdictions that decide they are The Senator is right that we are right ator MURPHY was talking about, in- going to apply background checks to as now calling on our allies in Europe to vesting resources in trying to counter many sales as they can—let’s be hon- take steps that would better protect all violent extremist efforts here at home. est, you often can’t get every sale, but of us from these terrorist plotters. For There is a tremendous bipartisan ef- you can certainly say, if you are sell- instance, we have real concerns about fort that has gone on in this country ing guns online through advertisement the degree to which European nations since 9/11 in trying to take down silos or you are selling guns at a gun show are sharing data about potential ter- of information—sharing, cooperating, that is organized and marketed, that rorist plotters. Right now, law enforce- coordinating, and investing resources those sales should be subject to a back- ment and terrorism surveillance in Eu- in many ways to keep us safer as a na- ground check. In States that do that, rope is largely done on a country-by- tion. We should all be very proud of they have lower rates of gun crimes. As country basis. Even within some coun- that. But it is clear—especially from the Senator knows so painfully—be- tries, it is heavily siloed. In Brussels what should be stunning to people who cause Chicago sits right at the inter- itself, I think by last count, there were don’t know this and from the informa- section of other jurisdictions—States six different police departments that tion you read—that the very enemies can’t do this by themselves. Even if a didn’t even communicate with each we are talking about—terrorist organi- State decides to expand out the forums other. So there is a big problem in Eu- zations that now have become common in which a gun sale is subject to a rope about agencies not being able to knowledge in this country, because background check, if the other State talk to each other, and we are pressing people know Al Qaeda, they know ISIS, next-door—let’s say Indiana—has a Europe and Europeans to get more seri- and folks are focused on that—the very lower standard, then your law is vir- ous about both tracking terrorists enemies we are fighting against are tually meaningless. Of course, that is throughout that continent and then aware of the big loophole that exists in the story line in Chicago. The story sharing information with us. this Nation—that someone who is a line in Chicago is a handful of gun deal- How is that relevant to the Senator’s suspected terrorist, who has a terrorist ers—irresponsible gun dealers across question? It is very hard for us to intent, who is even known by the FBI, the State line—selling guns to individ- preach to the Europeans that they can come to our Nation or can be a cit- uals who then take them into Chicago. should get more serious about tracking izen of our Nation and go to a gun show This is certainly a debate brought on terrorists if we have big holes in our and buy weapons. by another mass shooting, and we cer- databases as well, and we do today. I want to clarify what I said. That tainly have an obligation to make sure From the information that is out was not an accident. This could be the terrorists don’t obtain guns, but there, we know that in Orlando, this someone who is in our Nation as a cit- the Senator is right that this ulti- individual was on a watch list. He came izen or it could be someone who has mately has to be an issue of doing come to our Nation through the Visa something about our urban gun vio- off of it. Because of the way in which Waiver Program and could still exploit lence as well. the network of lists and notifications Mr. BLUMENTHAL. Will the Senator work today, the FBI was not notified this loophole of buying weapons with- yield? when he went to buy a gun. out a background check. So we have Mr. MURPHY. I yield to the Senator We can have a debate as to whether actually enough sharing of information from Connecticut for a question with- he should have been prohibited from to go on that we actually can stop an out losing my right to the floor. buying a gun if he was no longer on individual from getting on a plane. Mr. BLUMENTHAL. I thank the Sen- those lists, but it probably makes sense Think about this. We can take an ac- ator for yielding for a question only. I that the FBI should at least be notified tion to stop someone from flying, but want to ask more specifically about a so they can perhaps do some followup. we do not have the ability in this coun- point he made so well at the very be- As long as we have these gaps in our try right now to stop that known indi- ginning of this conversation; that the laws related to access to firearms for vidual from getting in a car and driv- fight against gun violence and extre- potential terrorists, then I think it is ing down 95 from New Jersey and going mism abroad and at home is not an ei- hard for us to tell the Europeans to do to a gun show and buying weapons. ther/or, that we need to fight the vio- better. As the Senator knows, we also The data show that the GAO has lent extremism abroad, whether it is want to be able to connect what they found that between February of 2004 called jihadism or radical Islam or vio- know with what we know. and December of 2014 there were at lent extremists, whatever label we give There are American citizens who least 2,033 cases where a known sus- it. This fight is about that battle and travel to other countries, and they pected terrorist tried to buy a firearm about enlisting our allies abroad in may be radicalized in part in connec- or even obtain it. We know there are supporting us in that battle and com- tion with those visits. We want to be that many people trying to do this and bating the homegrown terrorists, the able to get that information to the ex- that we have the ability to stop those extremists who are supportive or in- tent that a foreign country knows folks. So given the context of all the spired by ISIS or others abroad. We do about the activities of American citi- areas in which we are cooperating to not have an either/or situation here, as zens when they travel abroad so that it stop terrorism and that there is this the Senator said so well. They are com- is incorporated into our databases, in- one black hole where now the informa- plementary. corporated into the list of people we tion isn’t being shared for actions to My question to my colleague from are concerned about getting access to a stop folks from getting these weapons Connecticut is whether these kinds of weapon. that can do such carnage, isn’t this a

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.026 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE S3904 CONGRESSIONAL RECORD — SENATE June 15, 2016 glaring gap in our overall security pro- are on it wrongly. But let’s accept that next week or the month after. We cedures, policies, and structures in our what we know is that in 90 percent of think we are making dramatic country? the cases over that 10-year period progress, but it is going to take us a Mr. MURPHY. I thank the Senator. where people tried to buy a gun and while. It is a glaring loophole, and it is un- were on the terrorist watch list, they As I remarked at the outset, it also clear why it has persisted. This idea of were able to buy it. means that there is an inverse propor- closing the loophole has been backed Let’s be honest. This is only one ele- tionality between our success in taking by both Democratic and Republican ad- ment of what needs to be a broader the fight to Al Qaeda and ISIS inside ministrations, and I think the Senator strategy to combat either the potential theaters of war and their importance in talked about how this has been a bipar- radicalization leading to violence of attacking us here at home in the sense tisan commitment. The George W. American citizens or this broader ques- that they are going to need to take the Bush Department of Justice supported tion of combating gun violence at-large fight to us here if they are having less the exact same bill that we are talking that Senator DURBIN brought up. But it success in repelling our efforts to push about today, in 2007. Attorney General is an important glaring hole that needs them back inside the Middle East. Holder, in response to a question from to be corrected. That is where law enforcement comes Senator FEINSTEIN at a 2009 Judiciary I yield to my friend from Connecticut in, Senator BLUMENTHAL, and you are Committee hearing, said: I think that for a question without losing my right exactly right. Let’s make it a priority legislation was initially proposed by to the floor. to defeat ISIS. But let’s admit that for the Bush administration. It was well Mr. BLUMENTHAL. Thank you to the time being, they are going to try to conceived, and we will continue to sup- my friend and colleague from Con- launch lone-wolf attacks here. What we port that. necticut for yielding for a question and know is they generally don’t go Not so long ago, this was an issue his holding the floor. through the trouble of trying to coordi- that was conceived by a Republican ad- I want to follow a question that was nate these attacks ahead of time. So it ministration. It didn’t seem to become asked by our colleague from New Jer- makes it much more difficult to stop. controversial until gun lobbying orga- sey. I have heard him speak so elo- They are trying to find someone who is nizations decided that it should be. We quently about the people in his city of on the fringes of society, who may be should remember that about all the Newark, and, in fact, children dying in mentally ill or prone to radicalization things we are discussing here, because his arms as victims of gun violence. and weaponize them. Sometimes it we live in a world today in which we Those kinds of acts of violence are un- makes it difficult for law enforcement think the issue of gun laws is the third predictable. to find that needle in a haystack. rail of American politics. But all of the The FBI was investigating the killer What we know is that in this case, legislation that we are talking about in the Orlando tragedy and knew of his they had found that needle in a hay- could not have passed if it wasn’t for potential dangerousness, but there are stack. They had found him twice. Per- Republicans and Democrats coming to- countless individuals who commit haps his inclusion permanently on one gether, whether it be to support the ex- these acts of murder. Thirty thousand of these lists wouldn’t have done much isting background check system or to deaths every year occur as a result of good because it wouldn’t have pre- support the existing ban on assault gun violence. Many of them are unpre- vented him from getting a firearm. weapons—plenty of Republicans voted dictable and perhaps unpreventable There wasn’t as much due diligence for that—or to conceive of this idea of under current law, but they could be done as should have been. terrorists being kept off the list. prevented with stronger laws. This clearly is an important tool of Here is how it plays out in real time. So my question to my colleague from law enforcement, and we need to give it Elton Simpson is the name of the indi- Connecticut is whether this measure to them. I hope—and I think Senator vidual who opened fire on a Texas com- will enhance the fact-finding and inves- MIKULSKI talked about this in her munity center that was hosting an tigative powers of the FBI in seeking opening comments—we can talk about event displaying cartoons of the proph- to stop gun violence where we know it giving broader resources to the FBI et Muhammad. I think we all agree may occur and—in fact, as much as I and to law enforcement to do the job that was an act of terrorism that was deeply respect the diligence and dedi- they need do. We ask them to do more perhaps as a result of the cation of the FBI—whether additional and more, but we don’t give them the radicalization of this individual. He resources combined with this kind of resources that are necessary. If we are was reportedly on the U.S. no-fly list. measure will enhance their ability to going to give them additional respon- One of the Boston marathon bombers, stop these acts of hatred and terror sibilities—keeping a better monitored, Tamerlan Tsarnaev, was reportedly such as we saw so tragically in Or- consolidated database, having a process placed on two terrorist watch lists in lando. for individuals to grieve their inclusion 2011. He committed that act with an Mr. MURPHY. Thank you, Senator on it—then we have to make sure they explosive device, but he also killed a BLUMENTHAL, and I want to thank you have the resources necessary. police officer with a handgun. Orlando for your work on the Judiciary Com- To the Senator from New Jersey, I is the latest example of crimes being mittee for leading this fight to try to yield for a question without losing my committed by those who were in and make sure that law enforcement has right to the floor. around this database. what it needs to protect this country. Mr. BOOKER. Again, I appreciate The Senator from Nebraska asked Again, I spoke to this broader con- this point that I want to keep coming the question earlier: How do we make versation about how you protect this back to, which is that we are—and both sure that people aren’t on there by country from domestic terrorist at- Republicans and Democrats talk mistake? Both parties will only sup- tacks. I think there are a lot of people about—in a war with a determination port legislation that gives a practical who want to drill it down to only one to defeat our enemy. Yet our enemy means for individuals to grieve the fact silo of conversation. As I remarked at has spoken very clearly about exploit- that they are prohibited from buying a the beginning, some people want to ing the loopholes that exist in a way gun when indeed they should not be. I make this just about the fight in the for those who are seeking to do terror think at some level, we should accept Middle East. Some people want to to buy weapons. In other words, as to that in virtually every Federal data- make this just about surveillance. someone who is suspected already by base that exists of people who are ineli- Other people want to make this just the FBI, suspected by the American gible to buy a gun or people who are el- about gun laws. Government to have designs on the igible to receive Medicare reimburse- It is not any of those things. It is kind of terroristic act that could take ment, there are occasionally mistakes. about a combination of efforts. So we many Americans, as we saw this past But that does not stop us from trying have to admit that this fight against weekend, we already know who that to engage in collective action as a com- ISIS and against Al Qaeda in the areas person is, and our enemy has basically munity to better protect our Nation. in which they have large amounts of advertised the fact that it doesn’t mat- Let’s get that list right. Let’s give control is an ongoing fight. That is not ter. If they were already suspected by people the ability to get off it if they going to be concluded tomorrow or the FBI and had been interviewed by

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.027 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE June 15, 2016 CONGRESSIONAL RECORD — SENATE S3905 them last year or 5 years ago, they ex- stores in mass quantities, knowing been motivated by an insidious bigotry plicitly said: Don’t worry about that that they would not have to go through that involves deep-seated hatred or because America—singling us out from a background check and then selling pernicious extremist ideology inspired European countries and others that are them on the black market. So someone by ISIS or some enemy abroad or men- terrorist targets—in particular has this who knows they are prohibited from tal illness. The facts are developing. loophole we can exploit. Even though buying a gun decides not to buy a gun We will know more, as the Senator you have been suspected of terrorism in a gun store; instead, they go buy a from Connecticut knows. The point is and have been interviewed by the FBI, number of weapons at a gun show, that the laws we now have enable our you can still find ways to easily obtain which is unregulated. Those individ- enemies to weaponize the people in this weapons by taking these measures, uals who are not licensed gun dealers country who may be prone to use as- such as going to a gun show or ordering are able to sell their weapons without sault weapons that are designed to kill online. background checks at a gun show, and as many people as possible and as We just passed a Defense authoriza- they can get as many as they want. quickly as possible. This idea of tion bill that will allocate billions and That is not a secret. I mean, you don’t weaponizing our enemies or home- billions of dollars for our national de- have to scratch the surface of Amer- grown terrorists or people who can be fense. I don’t mean to be over the top ica’s gun law or debate this subject inspired by the twisted insidious ide- about this issue, but if our past en- very hard to find out that there are ology that ISIS spawns should really emies and past wars have specifically easy ways to get guns without getting bring us to recognize that there is not showed us what our vulnerabilities are a background check. You can also go only a security threat abroad but one and that they are going to continue to online. You can very easily buy a weap- at home as well. I ask my colleague, the Senator from exploit these vulnerabilities and lit- on on ARMSLIST without going Connecticut, whether people who are erally have ISIS-inspired individuals through a background check. too dangerous to be permitted to board who have been interviewed by the FBI We cannot adequately protect this a plane should be in some way stopped carry out these horrific actions by country from terrorist attacks by fire- from buying one of these guns that can using a loophole, as we saw this past arm unless you do both, and that is be used—whatever their motive—to do weekend, doesn’t it make common why those two are linked together. As the kind of destruction that we saw sense to close that loophole when we the Senator also knows, let’s not shy with such unspeakable horror in Or- are at war with folks who are inspiring away from the fact that the reason we lando, Virginia Tech, Aurora, Col- individuals to take so much human are on the floor today is that this umbine, and our own town of Newtown? life? slaughter also happens outside the We have met with these families in our When we talk about closing the ter- realm of terrorist attacks. In fact, the State and in towns and cities across rorist loophole, we need to be very ar- majority—95-plus percent—of Ameri- the country. We have heard their cries ticulate and make sure that it is done cans who have been killed by guns were beseeching us to do something. Is there in a way that just has to do with those not killed in a terrorist attack, but more that we can do? people. As it stands now, the NICS sys- many of them were killed by guns sold Mr. MURPHY. Mr. President, I thank tem can potentially check to see if a outside the background check system. my friend. Let me put it to the body person is on one of those aggregated This is a two for one. If there are ob- this way, through the Chair. This is watch lists. I wish to ask the Senator jections on the Republican side to the also about sending a message to every- from Connecticut: Doesn’t it make provisions of the Manchin-Toomey leg- one in this country that we are serious sense to have universal background islation, I hope that over the course of about taking on this epidemic of gun checks in this context? That is what I this afternoon and this evening we can violence, whether it is a terrorist at- would really like to get at. If you have come together on those issues. If you tack or it is an attack by someone who steps to stop terrorists from exploiting pass some version of that legislation, is deeply mentally ill, such as the at- this loophole but it is not a universal which is supported by 90 percent of the tack in Newtown, or the ordinary, ev- stop, we are not solving this problem. American public and the vast majority eryday violence that is just epidemic We are not really arresting it in the of gun owners, in conjunction with put- in our cities. I think it is incredibly way that we should. ting terrorists or would-be terrorists or important for us to send a message Mr. MURPHY. Mr. President, I thank suspected terrorists on that same list, that we are serious about this and, the Senator for that question. That is then you have not only protected our frankly, not worry about whether we why it is so important to link those country from terrorist attacks, but have addressed every aspect of this de- two pieces together. If you really want you have also addressed this epidemic bate and solved every problem at to protect this country from terrorist that we all live with on a regular basis, once—not allowing the perfect to be attacks by a firearm—as I stated be- whether it be in Newark, Bridgeport, the enemy of the good. I say that to my fore, that is the weapon of choice for or, as Senator DURBIN talked about, colleague, through the Chair, for two those who want to do harm to this Chicago. The regularity of gun crime reasons. One is this notion I talked country for political reasons—then you that is often associated with weapons about earlier in which I really do worry have to both make sure those individ- that were purchased outside of the that there is a quiet unintentional uals are on the list of those prohibited background check system is not an in- message of endorsement that is sent from buying weapons and you have to evitability that we have to accept. We when we do nothing or all we do is make sure when you go and buy a can do something about it by coming talk. I believe that when there is not a weapon you intersect with that list. together today. collective condemnation of policy This has been a long trend line, as I think that is what my friend is get- change from what is supposedly the both of my friends know. It used to be ting at by linking together two policies world’s greatest deliberative body, that almost everybody who bought a that have to be interdependent in order there are very quiet cues picked up by gun went into their local gun store to to protect ourselves from a terrorist people who are contemplating the un- purchase that weapon, and over the attack, and it is also about this broad- thinkable in their minds. This isn’t in- course of time, for a variety of reasons, er issue of taking on crimes in our city. tentional. I am not accusing anybody the means by which you bought a fire- I yield to the Senator from Con- of being intentional in their endorse- arm has diversified significantly. We necticut for a question without losing ment, but I think when we don’t act, now have lots of sales occurring online, my right to the floor. there is a quiet signal being sent to as we do with almost every other com- Mr. BLUMENTHAL. Mr. President, I those whose minds are becoming un- mercial good, and there is this buildout thank Senator MURPHY. I wish to draw hinged and who are thinking about of gun shows, which are places where out a point he was making by posing doing something truly horrific. Since both licensed and nonlicensed dealers another question. There is no one-size- we have been talking about this—since go to sell their guns in a very orga- fits-all fix to the problem of hatred and Sandy Hook—we haven’t heard any- nized and controlled fashion. We have terrorist attacks in this country that thing that would suggest that the high- story upon story of individuals who involve gun violence. The kind of at- est levels of government condemn it have gone to buy guns in those gun tack that we saw in Orlando may have with any real policy change.

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.029 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE S3906 CONGRESSIONAL RECORD — SENATE June 15, 2016 Second, this is more deeply personal, I yield to the Senator for an addi- other industrialized nation. It doesn’t and I know both of my colleagues on tional question. happen in other places like it happens the floor today share this point of Mr. BLUMENTHAL. We need to be here. And it is not because America has view. Almost every one of us has had a realistic, don’t we, I ask Senator MUR- more people who are mentally ill. It is conversation with a family member PHY? The President has said we are not not because America spends less money who has lost a son or daughter to gun going to prevent every death from gun on law enforcement. It is not because violence. Too many of us have had that violence. I think we owe the President America has a less well-funded system collective conversation with families a great debt of thanks for his leader- of mental health, although we have a who have lost a loved one or have spo- ship and courage and strength for ad- terrible system of mental health that ken to someone who lost a family vancing the debate on gun violence and we should fix. The reason we have epi- member or their loved one in a mass seeking specific, constructive steps demic levels of gun violence is not that atrocity. As for me personally, I need that will help to stop it, but we know we are different from other countries to be able to tell them something. we are not going to be successful in in all of these other ways; it has to be They need to be able to hear something preventing every single death as a re- explained in part because we have al- that helps in their healing. sult of gun violence. This kind of set of lowed so many people who shouldn’t The fact is, every day there are 80 measures is a start. have guns to have them. There is a rea- sets of families who begin a process of My colleague from Connecticut has son we are different, and thus we grief surrounding the taking of a life said it is an easy start. It is easy to un- shouldn’t accept it. through a firearm, and for many of derstand and it is easy to see the effect I yield to the Senator from Florida them, their process of healing is en- and the tangible difference it can for a question without losing my right cumbered by the fact that their leaders make. But obviously, if it were easy to to the floor. are not doing anything to stop it. If we achieve, it would have been done long Mr. NELSON. Yes. Mr. President, if I could simply be compassionate as a ago. may, if the Senator will yield for a body—forget the broader systemic im- Unfortunately, as he and I have said question. pact of passing laws that will reduce all too often and as we have had to say The PRESIDING OFFICER (Mr. the levels of violence in this country— to those families from Connecticut and PERDUE.) The Senator from Con- that would enable us to help in the around the country who have come to necticut has yielded to the Senator healing process of the families in us at the vigils and the townhalls and from Florida for a question. Sandy Hook and Orlando. I know that the public meetings and in our offices, Mr. NELSON. Mr. President, I wish after my colleagues met with the fami- there is no one single solution, and to ask the Senator about the weapon lies in Sandy Hook, they came to the Congress has been complicit by its in- that was used in Orlando. My home is floor to plead for change. action on any solution to this problem. in Orlando. I was there right after the We should pass legislation. This is So we are not going to completely pre- shooting. Of course, I speculated at the easy, given that it should unite broad vent all 30,000 deaths or every act of time that this was going to be a com- members of the American public. potential terror and hatred, like Or- bination of ISIS-inspired, a hate crime, I think the Senator’s question is lando, but we can make a start, can’t anti-gay, and very likely anti-Hispanic right: What are the other things we can we? because 44 of the 49 had Hispanic sur- do? We can go down the list. The Sen- Mr. MURPHY. Mr. President, names. ator from Connecticut suggested that through the Chair, that is exactly I want to ask the Senator if he is we make sure that individuals who right. Let’s make a start. aware of the difference between the le- have a restraining order against them I guess what is so offensive to the thal killing machine that was used and by a spouse or partner aren’t able to people Senator BLUMENTHAL and I rep- the AR–15, which is a military weapon buy a weapon, and other suggestions resent, especially in Connecticut, is used by the military called the M–16, have been to ban military-style assault that we have done absolutely nothing; and the SIG SAUER MCX. They can weapons and provide more resources to that in the face of mass slaughter after use the same bullets, but this one, in law enforcement. There are a variety of mass slaughter, this body has taken fact, can use an even larger, more le- other things we can do. Here is an easy absolutely no action. I know times are thal bullet, traveling at 2,000 miles per place to start. Here is an easy place to tough here. I know we are often at each hour. I wanted the Senator to see this. start, where we know there is no real other’s throats. But that in and of Is he aware that down in Orlando, this disagreement among the American itself is unacceptable. killer used this rifle? public; 80 to 90 percent approval. We Let’s find some limited common Mr. MURPHY. Mr. President, know there are Republicans and Demo- ground on issues that the broad Amer- through the Chair, I thank my col- crats at least who can start negoti- ican electorate support, and let’s move league for the question. From the lay- ating this afternoon and this evening. forward on it. Maybe we wait to liti- man’s perspective, they don’t seem like Here is an easy place to start. gate some of the more controversial they are different weapons. They are I don’t know, maybe it is a muscle. pieces until later on. both incredibly powerful weapons. Maybe it is a muscle. Maybe once you As Senator BLUMENTHAL said earlier, They are both derivatives of weapons start to exercise that muscle, once you this level of death would be absolutely that were intended to kill as many peo- start to get in the habit of coming to- unacceptable if it came by way of dis- ple as quickly as possible. gether to try to find ways to address ease or if it came by way of infection. Mr. NELSON. For the military, that gun violence, it makes it easier to take No one would contemplate standing pat is expected. the next step. And also, maybe people and doing nothing if a mosquito-borne Mr. MURPHY. I yield for an addi- see that the sky doesn’t fall. Maybe illness were killing 80 people a day in tional question. people will see that if we do expand this country or wiped out 50 in one Mr. NELSON. And the Senator no background checks, that hundreds evening. No one would accept Congress doubt but unfortunately agrees, along won’t lose their right to go practice doing nothing and just moving on to with the rest of us about what hap- their sport, that people who want to the next piece of legislation after the pened in Orlando, that these are not shoot for sport don’t all of a sudden next wave of people dies. That is just weapons for hunting; these are weapons lose access to that pastime. So maybe not something people would accept. for killing. And this particular weapon we will also see, as we have seen in But for some reason in this country, we has a collapsible stock. Would the Sen- Connecticut, that the sky doesn’t fall have come to accept that gun violence ator be surprised? This is how he got it when we pass these commonsense laws, is inevitable and that there is nothing in. You take out the magazine. You that people still enjoy a fulsome right we can do or should do about it. collapse the stock. He probably had a to own a firearm so long as they can I am going to make this argument blousy outer garment. It is near the 2 prove that they are not a criminal, with greater specificity later this o’clock closing time. People are leav- that they are not on the terrorist afternoon, but it is important for us to ing, security is lessening, and he walks watch list, and that they haven’t been look at the data on gun deaths in in with this. How did he get it in? He adjudicated as mentally ill. America versus gun deaths in every didn’t have to have a long rifle; he had

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.030 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE June 15, 2016 CONGRESSIONAL RECORD — SENATE S3907 a collapsible stock. What would the Rorschach patterns of red I will forever see gun. If we just deal with making sure Senator think about that? their faces and the faces of those that gave there are universal background checks, Mr. MURPHY. Well, it is not sur- everything they had in those dark hours. we haven’t prevented terrorists from prising to me, would be my answer. There is still an enormous amount of work getting guns at a gun show, online, or I think, as the Senator knows, the to be done. Some of the work will never end. And while I work I will continue to wear at a gun shop, as we saw. marketing techniques of the companies these shoes. And when the last patient leaves As the author of the Brady law, there that sell these guns are very dis- our hospital, I will take them off, and I will was no online then, so we didn’t ban turbing. They often are marketing keep them in my office. I want to see them online purchases. The NRA, to get the these guns in a way that would suggest in front of me every time I go to work. For vote—it only passed by one vote on the that the intended use by the manufac- on June 12, after the worst of humanity House floor—said let gun shows get in. turer is, in fact, to kill as many people reared its evil head, I saw the best of human- In those days, gun shows were what as possible. They advertise the fact ity come fighting right back. I never want to they used to be, not a massive place that you can conceal them easily, so forget that night. where people go buy guns but people they don’t shy away from the fact that Dr. Joshua Corsa, Orlando Regional who needed to sell the one gun they the collapsible elements make them Medical Center. had. What has evolved is that the peo- easily concealable. The manufacturers I thank the Senator for yielding. ple who want to get around the law use are not suggesting that they should be Mr. SCHUMER. Mr. President, will gun shows methodically and regularly used for mass slaughter, but they cer- the Senator yield for a question? to avoid the background check. I would tainly are selling them in a way that Mr. MURPHY. I yield to the Senator simply ask my colleague this. Isn’t it speaks to an audience who is contem- from New York for a question without true that these two pieces of legisla- plating what they were contemplating. losing my right to the floor. tion go hand in hand? Isn’t it true that I yield to the Senator for an addi- Mr. SCHUMER. First, I thank my if we did one—either one but not the tional question. colleague from Florida for that amaz- other—that terrorists or suspected ter- Mr. NELSON. Those who are listen- ing presentation. I thank my col- rorists could still get their hands on ing to this, if they are concerned about leagues from Connecticut and New Jer- guns? And isn’t it true that both pieces this stilted parliamentary language we sey for the amazing job they have done of legislation have the overwhelming are using, it is the Senate’s rules that in making sure they do everything support of a huge number of Ameri- I am requesting through the Presiding they can, using the procedures of this cans? Officer permission to ask a question, so body, to see that we get votes on this Mr. MURPHY. I thank the Senator I will ask this in the form of a ques- important legislation. I also thank my for his lifelong leadership on this ques- tion. friend from Connecticut, who has held tion. I feel as though I am in a caucus Would the Senator believe that these the floor for some time today—both of giants here, where people are coming are the shoes of one of the trauma sur- Senators from Connecticut, who have down to the floor—from Senator DUR- geons? It just so happened that two done an amazing job. And I know we BIN to Senator SCHUMER, to Senator blocks from the nightclub is the trau- will all be looking forward to hearing BLUMENTHAL—who have all been work- ma center in Orlando, the Regional from our friend from West Virginia for ing on this issue about firearms, trying Medical Center, the No. 1 trauma cen- his words. I thank all of the Senators to protect Americans from gun vio- ter with trained trauma surgeons. on the floor because this is so impor- lence far longer than I have. Of course, They called them all in in the middle tant. as one of the original authors of the of the night. The Senator from Connecticut said it bill, Senator SCHUMER knows better Would the Senator like me to read has been nearly 4 years since Sandy than anyone that had you known that what the doctor who owns these shoes Hook and this body has done nothing. you were building a bill that would said? He is right. This body is shameful. This only cover 60 percent of gun sales, you Mr. MURPHY. First of all, let me say body is shameful in its obeisance to the never would have designed it, nor prob- that it doesn’t surprise me because we hard right of the gun lobby in not even ably voted for it, with the terms that know the level of carnage that entered doing the most reasonable things that exist today. What has happened is that that emergency room. But I think it almost all Americans support, that over time gun sales have migrated to should pain everyone to look at that don’t affect the rights of legitimate other places. pair of shoes, look at the blood splat- gun owners, and that would simply What we are simply trying to do is to tered on them, think of the amount of make our country safer. reinforce the existing intention of the blood that was lost by those who died I say to the Senator from Con- law. We are not trying to change the and lived, and to think that we are not necticut, we are in a new world. We are law at all. For everybody who voted for going to do anything about it. in a world where lone wolves can get a that bill originally to make sure crimi- I yield for an additional question. I hold of guns and do huge damage, as we nals were not able to buy guns, they know the Senator from New York is saw and as our friend from Florida elo- did so because they believed they were waiting as well. quently talked about in his own State. going to cover the majority of sales Mr. NELSON. Mr. President, since We have to change and adapt to that that were done in a commercial atmos- the Senator would like to know what world. Maybe in the old days people phere. Now commerce happens in gun Doctor Joshua Corsa, the medical doc- would say: Well, terrorism is not going shows and online, and we need for the tor who owns these shoes, said, he to happen here. It has. It has, and we system to migrate to it. wrote in one of the Orlando publica- need to make sure we do everything we The Senator is also right that pro- tions: can to prevent terrorists from getting tecting America from terrorist attacks These are my work shoes from Saturday guns. is ineffective unless we do both—make night. They are brand new, not even a week My colleagues have talked about two sure people on the terrorist watch list old. I came to work this morning and saw pieces of legislation; No. 1, making can’t buy guns and that the forums these in the corner of the call room, next to sure that if someone is a person the au- the pile of dirty scrubs. I had forgotten which that list reaches are both gun about them until now. On these shoes, thorities suspect might commit ter- stores and gun shows but also Internet soaked between its fibers, is the blood of 54 rorism and may be planning a terrorist sales. innocent human beings. I don’t know which attack and they also know that a gun Further, the Senator is right that were straight, which were gay, which were which that person purchased can be this is the only place where this issue black, or which were Hispanic. What I do used in that attack, they would stop is controversial. This is the only place know is that they came to us in wave upon them from getting a gun, and, No. 2, in which there is a 50–50 argument over wave of suffering, screaming, and death. And legislation on universal background this question. You find any other somehow, in that chaos, doctors, nurses, checks because we need both. forum in any other part of the country technicians, police, paramedics, and others, performed super human feats of compassion My question to my colleague is along and it is 90–10 on this issue, which is and care. This blood, which poured out of these lines. If we closed the terror loop- why my friend from West Virginia has those patients and soaked through my scrubs hole, we still could have a terrorist go led on this because he knows that in all and shoes, will stain me forever. In these to a gun show or go online and buy a of our States, this is something that

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I have one other tremely seriously, and I want to make are serious about being a collector. question, if I might, Mr. President, for sure we are on the same page because They are serious about having the the Senator from Connecticut, and some people come from States that right to protect themselves. They are then we want to hear what the Senator don’t have much of a gun culture or serious about the right to be able to from West Virginia has to say. He has weren’t exposed to guns as a young per- hunt. But they also recognize that it is been a courageous leader on this issue. son growing up. a responsibility, and you can lose that There is some talk on both sides of a I can state that in West Virginia, at responsibility if you commit crimes. compromise. I know I have talked with a very young age, we are taught, first Almost every single gun owner I have the Senator from Connecticut and all of all, how to handle guns safely. We talked to has said, yes, absolutely of my colleagues here, that on our side are taught to never sell our gun to a criminals should not be able to buy of the aisle we are willing to com- stranger, never sell a gun to someone guns. And every gun owner in Con- promise. It doesn’t have to be one way who has a criminal background, never necticut that I asked this question to to do it, but I would just ask the Sen- sell a gun to someone who is mentally said to me: What? Terrorists, people on ator: Isn’t it true that we don’t want to unstable. We don’t give our guns to a the watch list, are allowed to buy compromise so we can say we did some- family member or a friend if we don’t guns? thing and not really close both of these think they are responsible. This is how So I think as different as our States loopholes? we are taught in our gun culture. are, I think gun owners are largely the Mr. MURPHY. That is right. I am sure Connecticut has the same same in that they come to this issue Mr. SCHUMER. That the compromise gun culture we have. So how this all with the sentiment of not wanting the that is built around what the Senator came about with the amendment 3 government to take away their ability from Texas has proposed—which says years ago, after the horrible, horrific to own a firearm, and they want a di- that you have to go to court to prove tragedy in Newtown, was that if we re- versity of products available to them. that the person might be a terrorist, spect a law-abiding gun owner who They want to make sure they are able and after 3 days they can get a gun, to collect or hunt, but also they don’t and that no court proceeding would didn’t buy the gun because they want to do something wrong with it or they want a criminal—somebody convicted take that long—would be a meaning- of domestic violence, murder, or as- less compromise, a pyrrhic victory, and are a criminal or are soon to be a criminal because they own it, then you sault and battery—to be able to get something the vast majority of us on their hands on a weapon. I think that this side of the aisle would not accept? have to assume they are law-abiding, and they are going to do the right is where both of our gun communities Mr. MURPHY. I think that is a very are, and I will yield to the Senator important point, and I thank the Sen- thing. If they are going to do the right thing, the right thing is we don’t sell from West Virginia for another ques- ator for making it. Let’s be honest. tion or if he wants to correct me, if I to strangers, we don’t sell to criminals, The American people support the pro- am wrong. we don’t sell to mentally unstable peo- posal that is in the underlying Fein- Mr. MANCHIN. My question is a fol- stein legislation. The American people ple. lowup on that. support the underlying legislation that Doesn’t it make sense that if you go After we tried to do the Manchin- is incumbent in Manchin-Toomey. to a gun show that would allow some- Toomey amendment to put common- So, yes, we want to be able to find body not to go through that but to go sense measures into place—as law-abid- common ground, but that common to a table where there is an unlicensed ing gun owners do every day—did you ground can’t result in loopholes that dealer selling to someone who isn’t re- have anybody in Connecticut come and are big enough to drive a truck quired by law to have a background say to you that the Manchin-Toomey through, allowing terrorists or those check, to say: Well, wait a minute. You amendment would take away their gun on the terrorist watch list to get guns. can’t do that. This is a commercial rights and make it so they can’t keep This idea that you can give law en- transaction. As a law-abiding gun their gun, can’t own a gun, or can’t buy forcement 72 hours to go to court to owner, I don’t do that. I don’t know a gun? Because, in fact, for those who stop somebody from obtaining a gun is who you are. I don’t know you. You took time to read it, we protected the ridiculous. There are not enough re- want to buy my gun, but before I sell Second Amendment greater than it had sources in our system of law enforce- you my gun, I am not going to do that ever been protected. We protected law- ment and our judicial system to track until I know you are capable of owning abiding gun owners so they are able to every single terrorist who is buying a gun and respect it and know how it do what the Second Amendment right guns and bring every single one of operates. That is what we said and we gives them the right to do. We never those sales to court. Secondly, the leg- do so much more. banned anything because we know the islation I have seen would only give 72 I would say to my good friend from law-abiding gun owners will do the hours to do that, which would leave Connecticut, is the gun culture the right thing. thousands of these sales to go through same? You come from a State that has I think in West Virginia and I would without prohibition. No, we can find a gun culture. Even those wonderful say in Connecticut that 70 to 80 percent common ground here, but let’s remem- families who suffered in the tragic loss of the real ardent collectors, shooters, ber, the American public by big num- of their children weren’t trying to ban sportsmen say it makes sense. They bers already supports the proposals anything. They wanted common sense. don’t mind getting a background that have been put before this body and So is the gun culture in your State check. Why we hit a roadblock, I don’t have failed previously. similar to ours; that we treat people as know. Mr. SCHUMER. I thank my colleague law-abiding gun owners who do the Did you have anybody coming to you and agree with him completely and right thing, and the right thing is to in your State and saying: Senator look forward to the questions from the find out who wants to buy your gun MURPHY, please don’t vote for that be- Senator from West Virginia. and don’t let them go to a gun show or cause I don’t want you to take my Mr. MURPHY. I yield to the Senator on the Internet where they are able to rights away. from West Virginia for a question with- skew around that? Mr. MURPHY. No one in Connecticut out losing my right to the floor. Mr. MURPHY. I would be interested thought this was taking their rights Mr. MANCHIN. Let me first thank all in the Senator’s reaction when I an- away, and as the Senator from West our colleagues and Senators for being swer his question, and then he can ask Virginia knows, we have a strict back- here today speaking about this most another question to follow up. ground check system in Connecticut important issue for the citizens in each People are going to say that Con- already, so in Connecticut we had al- one of our respective States. necticut and West Virginia are very ready subjected these sales to the

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But we law that we should take all of these in- pastime, or to be able to build on their have plenty of examples in which we dividuals who are on these watch lists collection. have passed sensible commonsense gun and give them back the ability to fly; As you mentioned, there are defi- laws that didn’t lead to all of the worst right? Nobody would propose that on nitely disputes when you get into the case scenarios that many people often the floor of the Senate because they area of banning this kind of weapon or proffer to us. would get tarred and feathered by their that kind of weapon, but that has noth- I yield to Senator MANCHIN for an- constituents if you came in and said: ing to do with this bill. This bill is just other question. Everybody who has been investigated about saying that if you are a criminal, Mr. MANCHIN. My other question by the FBI who is on the terrorist you can’t buy a weapon. would be that I am understanding that watch list, we think that you are de- There may be other things that are the Senator and most of my colleagues priving them of their right, and so let controversial, but this one is non- would like to do two amendments here. them fly. No, no one would propose controversial. The Senator has told me We have two amendments proposed. that. it is not controversial in West Virginia They are basically commonsense build- So if it is not controversial that indi- either, when laid out as to what it real- ing blocks to protect the citizens of viduals who have had intersections ly is. this great country in each one of our with law enforcement over terrorism I yield for a question. respective States. are not permitted to fly, why is it so Mr. MANCHIN. If I can ask my good There is the one on terrorists, if you controversial that they should be friend from Connecticut a question. are on a terrorist watch list. I have When the Senator goes home to Con- stopped from buying a firearm, at least heard my colleagues on both sides here necticut to explain it, they understand until they grieve the process and make and my colleagues on the other side of it, they read it. If anything, we are pro- it clear that they had no reason to be the aisle say: Well, there is no due tecting them more to do the thing they feared? process. Basically, we are taking peo- do every day and the way they were Mr. MANCHIN. Senator, do you have ple’s rights away, which is the founda- trained, and they believe that we are anybody in the State of Connecticut tion and the cornerstone of this great correct. What happens is they start who is coming to you and saying: You democracy of ours. saying: Did you get this question? Yes, know, I have a friend who was sus- I said: You know, there is not an- but if you do that, then they will just pected of being a terrorist, and their other nation on Earth that has a target expand it further, and they will take rights have been taken away. They are on its back the way the United States more of our rights away. an American citizen, and for some rea- I say that this is a constitutional of America does. son they were on the Internet, they amendment. It cannot be by an Execu- Understanding that if a person is were checked out, and the FBI has tive order. It has to have the action of being called in—let’s take the shooter come to their home and suspected Congress. So don’t worry about some- in Orlando. Our hearts and prayers go them and questioned them. one expanding it or some office or law out to the families of those who have Should that person still be on the no- saying that they are going to expand lost loved ones and those who are still buy list, if you will, because they are a the rule or expand the interpretation of suffering. With that being said, I think suspected terrorist? it, or that the executive—the Gov- this gentleman was called in a couple Mr. MURPHY. I think people in my ernor—is basically going to have an ex- of times. He was suspected of being a State are shocked that this isn’t al- ecutive ruling that takes more of your terrorist or of being of a terrorist ready law. I think at some level people rights away. mindset. They are thinking: How was don’t understand why this hasn’t been I said you cannot do that with a con- he able to still legally go and buy the baked into the background system as it stitutional amendment. We have to do firearms—legally? He didn’t go ille- is. As you know, this is just simply not what we are doing right now. So can’t gally. a controversial issue anywhere but in we do the logical thing in passing So they said: You mean you cannot this Chamber. something that is a building block for even stop that from happening? Mr. MANCHIN. Do they think we us to make sure those who are unsta- Then they said: Well, due process. have broached the amendments and the ble, who have been criminals, or who I know one of my colleagues wants 72 Bill of Rights, that we have taken peo- want to do harm to all of us should not hours, which we know is not even rea- ple’s rights away? be able to conveniently go anywhere sonable or practical. Mr. MURPHY. Nobody believes that, they want to in America, to a gun show But on that, I think both sides— no. in America, or on the internet—which Democrats and Republicans—both Mr. MANCHIN. I have not had that in we never know—and buy that. want to keep terrorists from getting West Virginia at all. If anything, they Did the Senator have any feedback firearms. said: Please, err on the side of caution. on that to him? The question has been, I am sure— Keep me and my children safe. Mr. MURPHY. I did. We hear it con- and your people are asking you in Con- That is what they are saying. We are stantly, which is this belief that there necticut: How do you go further? How not taking any people’s rights. But we is a secret agenda, that this is really do we get this to the point to where if have to have a process where if that about a slippery slope to gun confisca- you have been questioned and are sus- person, basically, over a period of time tion. pected, you should be at least on a has shown that they haven’t really en- As the Senator stated very elo- watch for 5 years, and you can’t buy on gaged and haven’t been involved, then quently in his remarks, there is a Sec- a NICS no-buy list? they can come back. I think we have ond Amendment, and there is an inter- There is the easy list, which they all said: That makes sense to us; we pretation by the Supreme Court of that keep asking me about. I don’t know if can do that. Second Amendment that guarantees the Senator from Connecticut is asked I think Senator FEINSTEIN has a 5- the individual’s right to a firearm, this same question. But, my goodness, year provision in there for that which which we cannot broach and which we if a person is thought to be of a ter- is very reasonable. cannot breach as a legislative body. So rorist mindset and we have flagged I can’t go back home this weekend that is unquestioned. them not to fly on an airline—a com- and explain to the people in West Vir- The question of whether there is a se- mercial airline in the United States of ginia why we haven’t moved forward on cret agenda is one we have to confront, America—don’t you think we ought to this. There could be another Orlando but the reality here is when we passed have the same concerns about them in, God forbid, one of our States. the initial background checks law, I being able to buy a weapon legally? Mr. MURPHY. I thank the gentleman am sure people at the time said this is Mr. MURPHY. Through the Chair to for joining us on the floor today. I just the camel’s nose under the tent. my friend, it is important to remember think that is really what this is

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In Connecticut we are vulnerable utes—a reporter of the Philadelphia In- other week. because of the weaker laws in other quirer, I believe, was able to do it in 7 The reason I am on the floor, the rea- States. So this national protection is minutes—simply present the money son that Senator BLUMENTHAL and Sen- vitally important. and walk out with an AR–15 automatic ator BOOKER are joining me, is that we Is that not the case, I ask Senator weapon, a firearm designed to kill as have just had enough. We have had MURPHY? many people as quickly as possible, de- enough of these shootings, enough of Mr. MURPHY. I thank Senator signed for combat and largely manu- this talk. We think it is time for action BLUMENTHAL. factured and used around the world to and time for action now. I think that is critically important kill people—not predominantly for Mr. MANCHIN. I thank the Senator here. I would answer it in two ways. hunting or recreation. It is designed to for answering the questions that we The first is to underscore your point. kill people. have had. I thank all of you for being Our Nation’s set of State-based fire- Isn’t there an irony to this kind of an informative in the questions that we arms regulations are only as strong as inconsistency? Irony is probably a eu- still have furthermore to ask. the weakest link. We can have the phemism. Or isn’t that an outrage that Mr. MURPHY. I know the Senator strongest laws in Connecticut, but the terrorist watch list people can buy from Maryland is on the floor, but I guns, terrorists, and would-be crimi- an AR–15—no questions asked—in 7 yield to the Senator from Connecticut nals don’t observe State boundaries. If minutes or less or slightly more? And a for a question. you are intent on committing a hei- convicted felon, having committed a Mr. BLUMENTHAL. Thank you, Sen- nous crime, you probably also have the serious crime, having paid his dues to ator MURPHY. means to figure out how to get around society, having paid a fine, having I want just to pursue some of the one State’s tough gun laws. served time in prison, done and out— questions, the excellent inquiries that Senator DURBIN was here earlier and we talk a lot now about a second- have been posed by our colleague from talking about the fact that a large chance society, about their being able West Virginia and just to say that number of the weapons that are used in to live normal lives and work and so some folks in America who may be lis- Chicago to commit murders—60-some forth—is barred, even though that per- tening or watching or may hear after- odd shootings over Memorial Day son may be far less dangerous, far less ward about this debate may say to weekend alone—come from outside the a threat to innocent people in Orlando themselves: Somebody who has been State of Illinois. Illinois has some pret- or at Virginia Tech or in Newtown, CT, put on that watch list erroneously, ty tough gun laws, but Indiana doesn’t. or to the 30,000 people every year who someone who is precluded from board- So you can get to Indiana from Chicago either are killed or kill themselves be- ing a plane or traveling in the United in a heartbeat, and you could pick up a cause of this easy availability of guns States—regardless of whether they can firearm online or at a gun show, or you to people who are dangerous. buy a gun or not—aren’t they entitled can go to a pretty miserably regulated The terrorist watch list—again, not a to the due process right to correct that gun dealer and bring what effectively panacea, not a single solution—barring those people from buying guns will not list? are illegal weapons back to Chicago. fix this problem alone, but it is a start. The answer, in my view, is very sim- Yes, we are talking about a Federal It sends a message, and it will provide ply yes, as a matter of constitutional law because this cannot be a State- hope to those families who have looked right and due process, as a matter of based solution. in our eyes, the families of Newtown, equal protection, as a matter of the Through the Chair, that being said, families across the country who have right to travel freely in the United as Senator BLUMENTHAL knows, State lost loved ones and who say: Why can’t States of America. If someone is on laws do have an effect. Congress act? That is why we are here that list erroneously, he or she de- That is helpful in showing, through saying enough is enough, if I am cor- serves the right to have that record this body, that we are not powerless, rect. corrected. I am going to pose that that if we pass these laws and apply Mr. MURPHY. I say to Senator question to my colleague from Con- them on a national basis, it will have BLUMENTHAL, I don’t think there is any necticut now. an effect. more I can offer in answer. You are But I have a second question, which In Connecticut, we have seen a 40- correct that it is both ironic and out- is also probably on the minds of a num- percent reduction in gun crimes since rageous. ber of our Connecticut constituents these laws went into effect. That is a I yield to the Senator from Maryland who are watching or listening or may preview to this body, that if we were to for a question without losing my right hear about it afterwards: Don’t we adopt that standard—yielding to my to the floor. have some of the strongest gun protec- friend for another question—then we Mr. CARDIN. Mr. President, through tion laws in the United States of Amer- could potentially bear the same reward the Chair, I would like to inquire of my ica, and isn’t that enough? Why are we in human lives saved on a national friend from Connecticut with regard to worried about this terrorist watch list? basis. the relationship between the tragedies Why are we worried about background I yield to the Senator for another we have seen far too often in this coun- checks for the Nation as a whole when question. try—most recently in Orlando but, as Connecticut has helped to lead the Na- I know Senator CARDIN is on the floor Senator MURPHY and Senator tion; when Illinois, as a matter of fact, as well. BLUMENTHAL know all too well, in New- has strong gun laws, perhaps in theory; Mr. BLUMENTHAL. I would be town and at Virginia Tech and the list when California or other States pass pleased to yield to other colleagues for goes on and on—and the work we have their own laws? Why are we here on the their questions, but let me just ask the done in order to protect our homeland floor of the Senate seeking action and Senator one more quick question. from radicalization. saying enough is enough? Why are we Again, somebody unfamiliar with I would like to ask my colleague be- so outraged and passionate about this topic might be wondering. Con- cause he has been one of the leaders on achieving gun violence protection bar- victed felons under law are barred from the Senate Foreign Relations Com- ring people on a terrorist watch list buying firearms. So someone who has mittee and he has worked very hard to from buying guns, making sure that we been to prison, paid the price, done pro- make sure we have the very best intel- have universal background checks, a bation, been out of our prisons for ligence information to keep our coun- ban on straw trafficking, and illegal years and years, and done nothing to try safe, to support law enforcement importation across State borders? repeat that criminal episode—whatever against terrorists, and that we do ev- I think the answer is these measures it was—is still barred from buying a erything we can to make sure we iden- are necessary because even the strong- gun. Yet someone who is deemed dan- tify those who would commit terrorist

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They does my colleague see these issues time. were victimized at this particular spot. coming together? How can we have a The Senator pointed out—and rightly Senator MURPHY, Senator BOOKER, coordinated strategy, and why haven’t so—that there is no one problem we Senator BLUMENTHAL, and Senator we acted? have to deal with, there are multiple MARKEY—all who are on the floor— Mr. MURPHY. I thank the Senator issues involved. I have heard some of have worked very hard to deal with the for his question, and I want to thank my colleagues say, well, the problem is root causes of hate in our society, him for the work he has done as our not the weapons they use or the prob- which is another factor concerning leader on the Foreign Relations Com- lem is not the social issues or the prob- safety in our communities. mittee to make LGBT rights not just a lem is not this or that, but I would ask I would like to get the connection domestic priority but an international this of my friend from Connecticut: It here on the gun issues, but I think it is priority for this country. seems to me the one option that should important to point out that we have I started this out about 3 hours ago be off the table is doing nothing. worked very hard to support the LGBT talking about how complicated the at- It just seems to me that the Amer- community, to make it clear that the tack in Orlando was and how many dif- ican people are demanding—and rightly rights of all people in this country are ferent competing influencers there so—that we take action now to make going to be protected. We celebrated were on the incomprehensible decision our communities safer. Quite frankly, the Supreme Court decision that recog- this individual made. But clearly he they don’t understand the inaction of nized marriage. We celebrated some ac- had a hatred in his heart for people in this body. Quite frankly, I don’t under- tions within our military to open up the LGBT community. And it is a rein- stand the inaction of this body. full participation by the LGBT commu- forcement for us to pay attention to Would my colleague agree that the nity, and we were particularly pleased the words that we use, the things we only option we should take off the with the recent confirmation of Eric do, and the legislation we contemplate table in trying to deal with this is Fanning that we saw take place in our or pass. If we build inclusive societies doing nothing? military. We have seen some progress in this country and promote—as my Mr. MURPHY. Through the Chair, I in America. colleague from Maryland is—inclusive thank the Senator for the question, Globally, we have seen some progress societies abroad, then we give less and let me say that I think that is why in regard to the LGBT community. We room for individuals who might be con- we are here. I think that is why we are have seen in several countries—and I templating these hateful actions here. This was just backbreaking. The mention this specifically in asking the against individuals who are members of idea of this body moving on as if it is question of Senator MURPHY because of a minority group—LGBT, Hispanic, or just business as usual after the worst his work on the Senate Foreign Rela- whatever it may be. mass shooting in the history of this tions Committee—such as Malta, Ire- So I think our obligation here is mul- Nation, coming on the heels of the sec- land, Thailand, Libya, and Vietnam, tiple. We need to pass stronger gun ond and the third and the fourth worst that laws have been passed to protect laws and we need to take the fight to mass shootings in the history of this transgenders. That is all work we have ISIS, but we also need to double down country, was unacceptable. done to try to keep all of our commu- on inclusive societies and we need to I think the reason that I am here nities safe. Ukraine passed a law that double down on fighting discrimination with Senator BLUMENTHAL, Senator repealed one of the workforce discrimi- against our LGBT brothers and sisters BOOKER, Senator DURBIN, why you are nation laws against the LGBT commu- because to the extent that we make here, why Senator MARKEY has now nity. discrimination, that we make hatred, joined us, why Senator MANCHIN was These are all important steps we and that we make malevolent thought here, why Senator SCHUMER was here, have taken to try to keep not only our much more of an outlier in our society, and why so many others will be coming community but the global community we cut down on the potential for this to ask questions of me later today, is safe from these types of hate acts. So to happen in the future. because there is no option other than we have taken some positive steps in I thank the gentleman for also bring- action. The idea that we wouldn’t even trying to isolate terrorists, in trying to ing together all these other potential try, the idea that the leadership of this make sure law enforcement has all the steps forward on our gun laws. Of body wouldn’t even schedule a debate tools they need, and we have done a lot course assault weapons should not be this week to try to find common of work to protect vulnerable commu- legal in this country. When they were ground instead of just moving on as if nities to make sure we stand for the prohibited for 10 years, we saw a dimi- it didn’t happen, is the only thing that rights of all people. nution in the number of mass murders is truly unacceptable. I applaud my colleagues for being committed. Of course these mega- I thank the Senator. here on the floor to talk about the re- clips—the 30-round and 100-round I yield to the Senator from Massa- lationship here—this is what I want to clips—have no place in a civilized soci- chusetts for a question without losing ask Senator MURPHY about—why, in ety. my right to the floor. the week following Orlando, he is here I guess our hope is that if we start (Mr. CRUZ assumed the Chair.) on the floor talking about gun safety. exercising this muscle of getting con- Mr. MARKEY. I thank the Senator I noticed in the Orlando tragedy that sensus on gun laws, we start with back- from Connecticut for his leadership on one of the weapons used was an assault ground checks and the terror gap, this issue. It is the issue we should be weapon, a military-style weapon. I which we know the American public is debating this week and next week in must say that in my observations in together on and we know we can find the Senate. I thank him and Senator Maryland, I don’t know too many peo- agreement on in this body, then that BLUMENTHAL from Connecticut, Sen- ple who need to have that type of weap- will give us the platform with which to ator DURBIN, Senator BOOKER, Senator on in order to do hunting in my State get agreement on some of these other CARDIN—everyone whose voices down or to keep themselves safe. It seems to issues. If we start finding common here are saying the same thing. be a weapon of choice by those who ground today, this afternoon, tonight, We have learned a lot about this want to commit crimes. then we will have the room to find problem, but we still don’t know all of My colleague talked at great length more common ground in the future. the answers. The answers we do know about terrorists and those on the ter- But the Senator is right—we have to we should be voting on this week. We rorist watch list and that loophole that link these efforts together. We have to should be putting those protections on exists. We can talk about what hap- understand how complicated the moti- the books.

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.042 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE S3912 CONGRESSIONAL RECORD — SENATE June 15, 2016 There is some commonsense knowl- China agrees that they will not be sell- Republican caucus when it comes to edge we each have—that the FBI ing assault weapons for $80 apiece in having a terrorist be prohibited from should have the authority to block gun our country. That was 22 years ago—1 buying an assault weapon in the United sales to potential terrorists. How hard million assault weapons a year being States of America. This mass shooting is that? No gun sales to potential ter- sold by China. That would be 22 million in Orlando has exposed the Senate Re- rorists in the United States. additional assault weapons in our publicans and their common suffering The NRA says no. The NRA said no country coming in from China. That is from a commonsense deficit disorder. last year. The NRA said no the year be- banned. However, the domestic ban Today I call on them to stop their op- fore. The NRA controls the agenda of here expired a couple years ago. position. I call on them to have the the Senate. They control this body. Now, here we have another case of a courage to stand up for what is right They are the ones who decide whether terrorist saying that he was inspired by for the American people and for the guns can be sold to terrorists in the ISIS—inspired by this so-called caliph- people of Orlando because I truly be- United States of America—the NRA. ate outside of our borders to buy a lieve that a vote on that bill—if you The American people say that NRA weapon to kill Americans. Like China, hold hands with the NRA, the Ameri- should stand for ‘‘not relevant any- are we just going to allow the NRA to cans will hold you accountable. I hope more’’ in American politics, but it is say: No, it is all part of free commerce; our Republican colleagues understand not so. The NRA controls whether we no, we don’t have any rights to limit that and fear that because Americans are going to be able to vote on banning the sale of these weapons. Or are we are tired of living in fear that their terrorists from being able to purchase going to say there has to be commerce community will be the next Orlando. guns. with a conscience; that not everything I ask another question: Wouldn’t it So a terrorist can be on a no-fly list can be sold to anyone in our country; be easier to develop effective solutions and can’t get on a plane. We don’t want that some people and some things are to gun violence in America if our Na- a terrorist in the passenger cabin of a too dangerous to be allowed to be pur- tion’s top researchers could actually do plane in the United States, so they are chased within our country. research on gun violence? We are fac- banned from getting on that plane. But I support very strongly the bill which ing an epidemic of gun violence. More they can just walk across the street Senator FEINSTEIN has introduced to than 33,000 people are dying in our into a gun shop and buy an assault give the Attorney General the discre- country each year from gun violence. weapon that they can then use to kill tion to prevent someone from buying a It is a public health emergency, and we people whom they hate in the United firearm or explosives or obtaining a must treat it that way. So shouldn’t we States. Does that really make any firearms dealer license if the Attorney ask ourselves: Why is it happening and sense? Of course not. Why don’t we General determines the individual is a what can we do to stop it? When dis- have the vote? Because the NRA does known or suspected terrorist and has a ease and illness bring widespread not want a vote on the floor of the U.S. reasonable belief that the individual death, doctors, scientists, and public Senate. They don’t want a debate on may use the weapon in connection with health researchers study the causes so this issue. terrorism. that they can find solutions, and the So we are going to continue to stand Can it happen again? You know that Federal Government invests in those up and fight for this vote, for this issue it can happen again. This terrorist efforts. For diabetes, which kills al- to be considered on the floor for as long cited the two terrorists in Boston, the most 76,000 people in the United States as it takes because if the FBI believes Tsarnaev brothers, as an inspiration to each year, the Centers for Disease Con- there is a reasonable chance that some- him. There is an online brainwashing trol and Prevention receive $170 mil- one is going to use a gun in a terrorist recruitment which is going on all lion. For planning and preparedness attack on our people, it should have across our country. So that idea is out against the flu, which leads to 57,000 the ability to block the sale of a gun to there. deaths each year, the CDC’s budget is that person. That is only common The question is, How easy are we more than $187 million. For asthma, sense. That is what the police chiefs going to make it for them to be able to 3,600 people, the CDC receives $29 mil- want. It is what the FBI wants. Why gain access to the instrumentality of lion. For gun violence, which kills are we being denied a vote on the floor their devastating acts against our soci- more than 33,000 Americans a year, the of the Senate on that issue? ety? Are we just going to allow them to CDC’s budget is zero dollars—yes, zero Historically, this goes all the way walk into any gun store once they have dollars. That is because, beginning back to the incredible power of the been so radicalized that they are about more than 20 years ago, an appropria- NRA. From 2004 until 2014, people on to act on these dangerous activities? tions rider has prevented the Centers the terrorist watch list legally pur- Well, Senate Republicans oppose that for Disease Control and Prevention chased guns more than 2,000 times be- commonsense legislation. from advocating or promoting gun con- cause the FBI had no authority to Senate Republicans aren’t allowing trol. Many interpreted this provision block those sales. Over a 10-year pe- us to have a vote or a debate on this as a ban, and it has chilled any re- riod, over 2,000 times, the FBI could issue out on the Senate floor. One day search into the causes of gun violence not stop a terrorist—a potential ter- after the tragic terrorist attack in San and how to prevent it. But in 2013, rorist—from buying a gun in the Bernardino last December, Senate Re- President Obama directed the CDC to United States because the National publicans voted against Senator FEIN- conduct critical public health research, Rifle Association does not want poten- STEIN’s legislation to close the terror- and the principal congressional author tial terrorists to be denied purchasing ists’ gap in terms of their ability to be of the rider, former Republican Con- guns in the United States. What kind able to buy these assault weapons. Six gressman Jay Dickey of Arkansas, has of crazy position—that potential ter- months later, Omar Mateen, a terrorist now disavowed it, recognizing it was a rorists should be allowed to buy guns investigated by the FBI, targeted the mistake and calling for Federal gun vi- in the United States—is that for the LGBTQ community and murdered 49 olence prevention to move forward. NRA to take? innocent people at the Pulse nightclub Just yesterday, the American Med- Back in 1994, we were having a debate in Orlando. Yet Republicans continue ical Association—the Nation’s largest over the ban of assault weapons in our to willingly follow the NRA and oppose association of physicians—voted for country, but it came to my attention this bill from becoming law in our the first time in support of ending the that China was actually selling 1 mil- country. The NRA has repeatedly op- so-called ban on CDC gun violence re- lion semiautomatic assault weapons posed and worked to block that legisla- search. As AMA president Steven per year for $80 apiece inside the tion, and apparently they think it is Stack said yesterday: With about 30,000 United States—1 million guns a year— OK for someone like Omar Mateen to people dying each year at the barrel of and we were negotiating a treaty with be able to buy an assault weapon with a gun, an epidemiological analysis of China at the same time. So I organized impunity in our country. gun violence is in fact necessary. So about 130 members of the House on a Mark Twain once remarked that that is the question which I ask of Sen- letter to President Clinton saying no common sense is very uncommon. He ator MURPHY, that is the question support for any deal with China until was surely talking about the Senate which I ask of Senator DURBIN, and

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.043 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE June 15, 2016 CONGRESSIONAL RECORD — SENATE S3913 that is the question which I ask of the thing so we can make it harder for many of the parents following that Senate president: Why can’t we find a these acts to take place. I don’t think tragedy, her parents have decided to way to at least fund the research on we should stop this discussion until set up a foundation in her name. Maybe the causes of gun violence? Why can’t that happens. That is why I thank Sen- over the course of the afternoon, we we find a way of just putting $10 mil- ator MURPHY for taking this time— will be able to talk about some of the lion a year into that research? Why Senator BOOKER, Senator BLUMENTHAL, other good work that has been done by can’t we do that? and everyone who has participated. I these foundations because we think I ask Senator MURPHY the question, am going to be with you every step of that, as devastating as the tragedy but he knows the answer. The answer is the way until we get the votes the was, Newtown and Sandy Hook are de- that the NRA does not want a single American people expect from their fined by the response. The Richman nickel to be spent on that issue, and elected Senators. foundation is all about research. The the NRA controls the agenda on the I thank the Senator for yielding for a Richman foundation is all about re- Senate floor with a vice-like grip, and question. search trying to discover the linkages it will not let it go. But we have Mr. MURPHY. I thank Senator MAR- between mental illness and a predi- reached a defining moment. The Amer- KEY very much. I think he has gotten lection toward gun violence or toward ican people have seen in this one inci- to the root of why we are here. There violence in general. We know there is dent how tightly the NRA controls the are a lot of very important issues in not an inherent connection. We know agenda of the Republican Party in our this underlying bill. people who are mentally ill are much country. We should already have voted As I said at outset, it is uncomfort- more likely to be the victims of gun vi- on this ban. We should already have able for those of us who began here at olence than they are the perpetrators moved on to other gun control issues— the beginning of this time to postpone of gun violence. We know there is an but, no. Whether it be the terror watch amendments and to put off debate on intersection, but the only money that list or it even be research at the CDC the underlying bill, the very important is going into that intersection right on gun violence, there is no action. We bill, the CJS bill. We feel like enough now is private dollars that are being can study how to prevent children from is enough, that this is the moment raised by two parents of a girl who per- operating pill bottles, from suffering when this body has to come together ished at Sandy Hook. They are not pro- from head injuries on bicycles, how to and find a path forward to try to ad- fessional fundraisers. They have other use a cigarette lighter so they don’t dress this epidemic of gun violence and jobs. They are trying to scrape to- hurt themselves, but shouldn’t we admit that it is within our power to gether what they can to perform this study how to stop kids from firing guns make the next attack less likely. This research. They know it is worthy. They that can hurt them? doesn’t come easily, but at this point, know it is worthwhile. But because of Let’s give the medical, scientific, and many of us think it is our only hope to that ban Senator MARKEY is trying so public health community the resources really force action. hard to overturn, the public sector they need. Let’s ensure that if someone I know Senator BOOKER has a ques- can’t do research into that connection, is going to buy a gun, they have to get tion. Before yielding to Senator BOOK- or it becomes very hard for the public a background check completed before ER, I want to thank Senator MARKEY sector to justify it because they fear they are allowed to do it. Let’s make for his incredible leadership on this violating that law. sure that we put in place all of the pro- issue of promoting research into gun I thank Senator MARKEY for being so tections that are going to be needed to violence. Unfortunately, science has persistent on this question of research protect ordinary Americans from this become politicized, and Senator MAR- dollars. There are so many different action. KEY is on the frontlines of trying to ad- angles of this problem. There are so So I say to Senators MURPHY and dress climate change. But there is no many different ways to attack it. This BLUMENTHAL from Connecticut, what is another example of a way in which you suffered in Newtown, CT, is sadly reason this Congress should be deciding what researchers at the CDC pursue by we can come together. I think this is just a preview of coming attractions one of the ways in which Democrats unless we change the laws in our coun- means of lines of inquiry and what they do not pursue. That should be left and Republicans can come together. try, unless we put the preventive meas- I yield for a question from the Sen- ures on the books, so we can avoid the up to scientists. That should be left up to people who are professionals in the ator from Illinois. worst, most catastrophic consequences Mr. DURBIN. Will the Senator yield field of deciding what is worthy of re- of this out-of-control gun epidemic in for a question? our country. search and what is not. We are politi- Mr. MURPHY. I will. What the Senator is doing here cians. I don’t cower from that term. I Mr. DURBIN. I would like to thank today, along with Senator BOOKER, is am proud of the fact that I and we have the Senator from Connecticut, Mr. forcing America to understand the chosen to try to make this country MURPHY. cause of their problems and why we better through the political process. You have been on the floor for a lit- cannot ban a terrorist from buying a But we aren’t scientists. We don’t have tle over 3 hours in the process of rais- gun in the United States. All issues go medical backgrounds. When we get into ing an important issue about gun vio- through three phases: political edu- the field of deciding what is worthy of lence in America. cation, political activation, political research and what is not, bad things I think it is important for us from implementation. What the Senators happen routinely, whether it is on the time to time to remind those who are doing today is forcing this political question of climate change or on the might be just joining this conversation education and forcing people to under- question of gun violence research. why we are here. You are certainly a stand that this is not bipartisan. This The private sector simply cannot leader in this, as are Senator is not the whole institution doesn’t pick up the slack. Why? Because when BLUMENTHAL, Senator BOOKER, and so work; this is a deliberate decision the Federal Government bans private many others, because we have each in made by the Republicans to abide only research on a subject like gun violence our own ways been touched by gun vio- by what it is that the NRA—an outside research, it chills private dollars from lence—the terrible tragedy that oc- party—wants to permit being debated going into those research proposals as curred at Sandy Hook in Connecticut, on the Senate floor. But at 33,000 well. There is a fear on behalf of the the tragedies we see every weekend and deaths a year, with terrorist activity private sector that if they get inter- every day in the city of Chicago, in after terrorist activity now occurring mingled with public funds, there could Newark, and all across the United on our own shores—in Boston alone, we be a problem. That hasn’t stopped some States. I thank the Senator for bring- had Mohamed Atta and nine others people in the private sector from pur- ing this to our attention. Certainly, it who hijacked nine planes; we had the suing this research because they know is Orlando that our attention is focused Tsarnaev brothers who detonated ex- it is critical. on these days. plosives on Patriots Day at the Boston Avielle Richman was one of the little As I understood your earlier state- Marathon. boys and girls who were killed at ment, you came to the floor because It is time for us to just stop here. It Sandy Hook. Avielle was a beautiful there was no indication from the Re- is time for us to start to do the right young girl. As has been the case with publican leadership that we will even

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.045 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE S3914 CONGRESSIONAL RECORD — SENATE June 15, 2016 have a debate on the issue of guns, ter- purchase weapons and making sure Mr. DURBIN. The CJS bill, inciden- rorists, and keeping America safe. that the background check system ap- tally, is a bill that includes the Depart- Senator MURPHY came to the floor plies to all of the commercial venues in ment of Justice appropriations. We are saying that he would hold the floor in which guns are sold. raising this issue on a bill which has the hopes that we can move this to the We think it is time for us to have a real relevance to the question of our point where there is an actual debate debate on those two measures on the national security and law enforcement in the Senate. That would be historic— floor of the Senate and to be able to in keeping America safe. a real debate in the Senate about an get a vote—something this body used I would ask the Senator from Con- issue that really means something. In to do a lot of—on those two measures. necticut—we think of the tragedy that Orlando, we found what really means We have selected measures that are not occurred in your State with those 20 something with these grieving families controversial to the American public. beautiful children who were killed in of 49 victims and 53 more who were se- They are supported by 80 to 90 percent their classroom at Sandy Hook. We riously injured. of Americans. think of what happened in San I want to make sure there is clarity So we are holding the floor and we Bernardino and what has happened as to what we are trying to seek with are standing on the floor today in an- across America and now most recently this group gathering in terms of the ticipation of Republican and Demo- in Orlando. But the point I tried to two proposals, the two amendments we cratic leadership coming to us and say- make earlier was that those are mass are seeking. I ask the Senator to clar- ing: We are ready to talk about how we murders—more than four people killed ify. One relates to whether someone can make this country safer by keeping in each instance—but for many of us, who is suspected of being a terrorist guns away from suspected terrorists. If the urban violence that every day, can buy a weapon, such as an assault we can get an agreement to have a vote every weekend is claiming even more weapon, which literally killed 49 people on expanding background checks and lives should also be our concern. in that nightclub in Orlando and could including people on the terrorist watch I mentioned to the Senator earlier have killed many more—more than 50 list on the list of those who are prohib- that when the Bureau of Alcohol, To- were injured. So if we suspect that a ited from having guns, then this debate bacco, Firearms and Explosives took a person is a terrorist and a threat to the we are having can stop and we can look at the crime guns that were con- United States, can we slow them down move forward to a vote. fiscated in the worst, deadliest sections or stop them from purchasing a mili- I yield for a question. of Chicago, 40 percent of them came tary-style weapon? Mr. DURBIN. If the Senator will from gun shows in northern Indiana, I think the Senator from Connecticut yield for a question without yielding where people did not submit them- was very prescient in noting that we the floor, I know the answer to this, selves to a background check; they just think of terrorists and bombs, terror- but I want to ask this question for the went in and bought guns in volume to ists and airplanes, not with automatic record. We have had votes on both of come and sell them to gangbangers and weapons and semiautomatic weapons. those measures. After San Bernadino, thugs on the streets of Chicago. These terrorists have the capacity to Senator DIANNE FEINSTEIN of California Our intention is to focus clearly on kill dozens of people, if not more. came forward and asked the Senate to mass murder but even more so on gun So the first question is, What can we vote on the simple proposition that if violence in America to protect inno- do to stop those suspected of terrorism someone’s name appears on a terrorist cent people who are losing their lives from buying assault weapons and watch list, they would not able to buy to those who would abuse the use of threatening us? The second question is, firearms, and her effort failed. Simi- firearms and those who would turn to If we cannot stop them through the or- larly, a bipartisan measure by Senators these assault weapons, which have no dinary process of going to a gun store, MANCHIN and TOOMEY to close the loop- purpose for the legitimate hunter or how are we going to stop them if they holes so that there will be background sportsman. I have said that if you need decide to buy a gun on the Internet or checks failed as well. an AK–47 or AR–15 to hunt a deer, you to buy a gun at a gun show where there I would ask the Senator from Con- ought to stick to fishing because that is no background check? necticut—and I know his response— is not the weapon of choice of real I understand the Senator from Con- why would we revisit two issues that sportsmen in my State or those whom necticut has suggested we need to close have already been voted on in the Sen- I know. the loopholes so that the roughly 40 ate? I ask the Senator, when it comes to percent of firearms sold without a Mr. MURPHY. These are measures this general issue of gun violence, even background check in the United States that can save lives. Facts have though we speak of terrorists as part of is reduced dramatically and so that we changed. We have seen over and over this, how will closing the loopholes know who is buying a gun and we can again the carnage that comes by allow- have value to the overall issue of gun guns out of the hands of those who mis- ing these loopholes to persist. Yes, we violence? use them. have had debates on this floor, but we Mr. MURPHY. I thank Senator DUR- So if the Senator would state with have had debates and taken votes on BIN for the question. Illinois and Con- clarity what our goal and objective is this floor before. But our hope is that necticut have amongst the toughest in this now 31⁄2-hour debate. I credit our colleagues’ eyes have been opened background check laws in the Nation, him with leading it, but I ask him to to the epidemic that persists in the ab- but our laws are no good if the State state with clarity—a question from sence of legislative action. next door to us has amongst the weak- me—what is our purpose, what is our Our job is not to send condolences; est laws in the Nation. Our Nation’s goal and the reason we have taken the our job is to debate legislation. My system of State-based background floor? hope, through the Chair to Senator check laws is only as strong as the Mr. MURPHY. I thank the Senator. I DURBIN, is that there are discussions weakest link. If we don’t have a na- am reclaiming my time. I thank the happening right now on ways to bring tional commitment to ensure that indi- Senator for asking that question be- the two parties together around mov- viduals who are criminals or who are cause I think it is important for us to ing these two issues forward. Our job is potential terrorists don’t buy guns, be clear about why we are here. We are to debate and to vote, to go on the then it really doesn’t matter what each here not to hold the floor for holding record, to show our constituents where State does. That is why this back- the floor’s sake but because we have we stand on these issues, and to find ground check proposal, which is a bi- had enough of condolences and ways to achieve common ground. Our partisan proposal and which is sup- thoughts and prayers without action hope is that by holding up consider- ported by 90 percent of Americans and from this body. ation of the CJS bill, we will prompt 85 percent of gun owners, is such a win- We think we have identified two com- both sides to come together and find a win, because it speaks to the very real monsense measures that are supported path forward on these issues. fear that Americans have of continued by the vast majority of the American Mr. DURBIN. If the Senator will terror attacks but also addresses this public: making sure that people who yield for one more question. catastrophe of regular, everyday urban are suspected of being terrorists cannot Mr. MURPHY. I yield for a question. gun violence.

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.047 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE June 15, 2016 CONGRESSIONAL RECORD — SENATE S3915 By the time we are done today, Sen- they are not prevented from buying a hunters who believe they need an AR– ator DURBIN, probably 80 people—some- weapon. It is an absolute necessity to 15-style weapon in order to enjoy their where in that neighborhood—will be give them those new tools and also to pastime. killed by guns, many of them in cities expand the reach of our background Mr. LEAHY. Mr. President, if the throughout this country. This is a system so we can make sure protection Senator will yield for a question. means to both get at the question of exists that no matter where that indi- Mr. MURPHY. Mr. President, I will terrorist violence and at the question vidual goes to buy a gun—whether they yield for a question. of urban gun violence. walk into a gun store or a gun show— Mr. LEAHY. Mr. President, I know I thank the Senator for joining us on they will be prevented from buying a that Vermont has very few gun laws, the floor. weapon. There is a large loophole that but we at least restrict the number of Mr. President, I yield to the ranking exists today. rounds that one can put in a semiauto- member of the Judiciary Committee Mr. President, I yield to the Senator matic gun during deer season. I would for a question. for a question without losing my right like to see as much restriction and pro- Mr. LEAHY. Mr. President, without to the floor. tection for the children who are walk- losing his right to the floor, I thank Mr. LEAHY. Mr. President, if the ing our streets, the people in our my distinguished neighbor in New Eng- Senator will yield for a question with- churches or our synagogues, and the land and ask through the Chair if he is out losing his right to the floor, we people gathering for social reasons as aware that the Senate Judiciary Com- know that a person can go to a gun we do to protect the deer herd. mittee pushed for years to close the show or go online and buy a gun with- My final question is one that I get glaring loopholes in the background out being subjected to a background or from Vermonters all the time. These Vermonters—many are gun owners and check system to try to prevent crimi- identification check. nals from buying guns. One of our local newspapers had an many are not—are all repulsed and sad- Is the Senator aware that today you article about a reporter who commu- dened not just by what they saw this could have three murder warrants and nicated with an individual online—they past weekend in Florida but by what they see with numbing consistency on a conviction for armed robbery and had never met before—and then met our news. Day after day after day they walk to a gun show and buy any kind that person in a parking lot and bought see people being gunned down in the of weapon you want without having to an assault weapon for cash. The person streets of America. They ask me: What go through a background check or have selling the weapon insisted on cash. is Congress doing? They ask me why a license? When the reporter was asked if he had Congress is not responding by giving Mr. MURPHY. Mr. President, any identification, he said that he pre- law enforcement the tools they need. through the Chair, I am. ferred not to give him any. The seller Certainly law enforcement wants to I yield to the Senator for another of the weapon said: OK. You look old stop this. I suspect the questions I get question. enough. The seller sold the weapon to asked in Vermont are similar to the Mr. LEAHY. Mr. President, if the him for $500 from the trunk of a car. questions that my friend from Con- Senator will yield for another question I ask the Senator from Connecticut, without losing his right to the floor, necticut gets. through the Chair, if we made uni- How do we respond to these Ameri- the Senator knows that three years versal background checks mandatory ago the Judiciary Committee reported cans—thousands in Vermont and mil- and made it illegal to sell guns without lions throughout this country—who out these commonsense measures. We a universal background check, might actually had broad support for meas- say: What in heaven’s name are you that make a difference? doing in Washington to make life safer ures to stop illegal gun trafficking, Mr. MURPHY. Mr. President, I say provide for universal background for us? through the Chair to the ranking mem- Mr. MURPHY. Mr. President, I thank checks, and provide grants for schools ber of the Judiciary Committee that of Senator LEAHY for being such an amaz- to improve their security and ban as- course it would make a difference. ing champion and the author of many sault weapons. The Senate Republicans What the Manchin-Toomey bill has al- of the underlying protections that we filibustered our effort, which a major- ways contemplated is that sales that are talking about expanding and mak- ity of Americans supported, to make were advertised would be covered by ing more effective today. He is an abso- commonsense reforms that would make background checks. There would be lute giant on the issue of protecting our country safer. I do not even want limitations on relative-to-relative Americans from gun violence. to think about how many Americans— transactions, but if you are engaged in We don’t have to dig deep to under- although I do every day—have been any sort of commercial business where stand why this body has an approval killed since then. you are selling a firearm, whether it is rating that rivals venereal disease. I believe I speak for most Americans at a gun show, gun store, or out of a They think we spend all of our time when I say we are tired of the status trunk, you would have to go through a fighting, and they see big problems in quo. Congress has to act to keep guns background check before selling a this Nation, and this Congress is doing out of the hands of criminals and ter- weapon. nothing to even attempt to solve it. rorists. My question to the distin- Mr. LEAHY. Mr. President, I again This is a paramount example. guished Senator from Connecticut is, ask through the Chair if the Senator Mr. TOOMEY. Mr. President, will the in order for background checks to keep will yield further without losing the Senator yield without yielding the guns out of the hands of criminals and floor. floor? terrorists, do we need to give law en- Mr. MURPHY. Mr. President, I yield Mr. MURPHY. I ask through the forcement new tools—in other words, for a question. Chair if the Senator from Pennsylvania the tools we have now are not enough— Mr. LEAHY. Mr. President, I con- will wait. to stop a suspected terrorist, or some- sider myself a responsible gun owner. I Mr. TOOMEY. Mr. President, my body who has recently been under in- think common sense tells us that if we only problem is that I will be in the vestigation for terrorism, from buying have assault weapons that are designed Chair at 3 p.m., at which point I will a gun? for the battlefield, they really have no not be able to participate in the discus- Mr. MURPHY. Mr. President, I thank place on our streets, in our schools, in sion. the Senator for the question. We have our churches, or in our communities. I Mr. MURPHY. Mr. President, I yield given law enforcement new tools to move to support an assault weapons to the Senator from Pennsylvania find people who are contemplating po- ban. We do not even allow them for without losing my right to the floor. litical violence against American citi- hunting in Vermont. Mr. TOOMEY. Mr. President, I will zens; yet there is this gap in which law Does the Senator agree with me? be very brief. I know and fully respect enforcement has information about an Mr. MURPHY. Mr. President, I do the passion that both Senators from individual’s potential or real ties to agree with the Senator. We are both Connecticut, as well as many others, terrorist groups, and we are not able to members of New England States. We have about this issue. prevent them from buying a weapon. are both members of States where peo- I am of the view that it is time to get They are prevented from flying, but ple enjoy hunting. I run into very few something done. We have been doing a

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.048 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE S3916 CONGRESSIONAL RECORD — SENATE June 15, 2016 lot of talking. We have two alter- Mr. President, I yield to the Senator cause he is on the terrorist watch list, natives to this issue about what to do from Minnesota for a question without that 1 out of 10 is denied a gun because with people we have very good reason losing my right to the floor. he is on another list, because that indi- to believe are terrorists and what to do Mr. FRANKEN. Mr. President, I vidual has committed a crime that has when they attempt to buy a gun. thank the Senator from Connecticut caused him to be prohibited from buy- We had a vote on a version that I for everything he is doing today on the ing a weapon. think was badly flawed. It was badly floor. I yield to the Senator for a question. flawed because it provided no meaning- My question for the Senator is (Mr. TOOMEY assumed the Chair.) ful process for someone who is wrongly whether he is aware that a GAO report Mr. FRANKEN. My last question for on the list. Errors happen. Actually, requested by Senator FEINSTEIN was re- Senator MURPHY concerns Senator they happen all the time. One thing is leased yesterday and provides updated FEINSTEIN’s legislation. for sure; innocent people and law-abid- data on background checks involving As has been discussed, Senator FEIN- ing citizens will eventually be on a ter- terrorist watch list records. STEIN’s terror gap legislation would rorist watch list. Mr. MURPHY. Mr. President, I am give the Attorney General the discre- What I think we need to do is every- familiar with that report. tion necessary to deny known or sus- thing we can to make sure that terror- Mr. President, I yield to the Senator pected terrorists from purchasing fire- ists are not able to buy guns—at least for another question. arms or explosives so long as there is a not legally—and we also need to have a Mr. FRANKEN. Mr. President, allow reasonable belief that such a purchase meaningful mechanism for people to me to briefly share some of the key would be used in terrorist-related ac- challenge their status of being on that data points from this, and then I will tivities. I am a strong supporter of this list, and that is what we haven’t put pose another question. The report pro- legislation as a commonsense measure together here. vides that during the calendar year of to keep guns out of the hands of poten- I think the Feinstein approach 2015, the FBI’s data demonstrates that tial terrorists and to take a significant doesn’t provide any meaningful oppor- individuals on the terrorist watch list step toward keeping our communities tunity to appeal one’s being put on this were involved in firearm-related back- safer. list erroneously, and, frankly, I think ground checks 244 times. The report So my last question is whether the the Cornyn approach doesn’t give the further provides that of those 244 Senator believes this legislation would AG the opportunity that an AG needs times, 233 of the transactions were al- be likely to make a real and significant to make a case against someone who is lowed to proceed and only 21 were de- difference in preventing those on the nied. GAO helpfully points out that actually a terrorist. terrorist watch list from getting guns this means that potential terrorists There is an obvious opportunity to they could use in acts of mass vio- were permitted to buy guns 91 percent work together and find a solution. I lence? have been speaking with some of my of the time in 2015. Further, GAO pro- Mr. MURPHY. Mr. President, I thank vides that since the FBI began check- colleagues on both sides of the aisle, my friend for coming to the floor and ing background checks against ter- and I think there is an interest in asking these questions and making rorist watch lists in 2004, individuals doing this. What I am suggesting is these important points. Yes, this would on such watch lists were permitted to that we get to work. Let’s sit down to- make a difference. It would make a dif- purchase weapons 2,265 times out of gether and figure out how to achieve ference because we know every month 2,477 requests or, again, 91 percent of this. I think everybody ought to be in there are people on the terrorist watch agreement in principle. We don’t want the time. I ask my friend from Connecticut: If list who are trying to buy weapons. Not terrorists to be able to walk into a gun all of them are buying weapons for ma- store and buy a gun, and we don’t want we are allowing over 90 percent of peo- levolent purposes, but we know individ- an innocent, law-abiding citizen to be ple on the terrorist watch list to pur- uals from the Boston bombers to the denied his Second Amendment rights chase deadly weapons here at home, Orlando shooter were in the network of because he is wrongly on the list with does that not suggest that we aren’t those who were being watched and a bunch of terrorists. This is not rock- even coming close to doing everything monitored by the FBI, and they were et science. in our power to combat terrorism and I thank the Senator for yielding the address gun violence? able to buy weapons despite that. This floor. I will take my turn in the chair, Mr. MURPHY. Mr. President, I thank would make a difference. If we were but I would love to continue this con- the Senator for the question and for able to pair it, as we are requesting, versation. specifically referring to the GAO re- with an examination of background I thank my colleagues on the other port. checks, that would also make a dif- side of the aisle for giving me this mo- Over 10 years, 91 percent of people ference for the thousands of people ment. who were on the terrorist watch list every month who are dying on the Mr. MURPHY. Mr. President, re- who tried to buy a gun was successful streets of America due to our inability claiming the floor, I thank the Senator in buying a gun—9 out of 10 times. The to stop illegal weapons from flowing for his comments. We are here for the reason this is such an important issue into our communities. So I thank the explicit purpose of trying to bring this that the Senator brings up is because, Senator for his questions. body together in a way that can ad- as he knows, people who are trying to I yield to the Senator from Con- vance both of these issues—stopping commit political crimes against Amer- necticut who has been with me since terrorists from being able to buy guns icans, people who are trying to commit the very beginning. I yield to him for a and them making sure that the law acts of terror against Americans, are question. covers as many forms as possible to increasingly turning to the firearm—to Mr. BLUMENTHAL. And proudly so, make sure that that prohibition is ef- the assault weapon rather than to the along with our colleague from New Jer- fective. IED or the explosive—in order to per- sey standing with you as a team here, The frustration for us is that we have petuate their terror attack. So as stud- joined by so many colleagues. I thank had 6 months since we last debated ies have shown us—studies I referred to the Senator from Minnesota. I see that that provision. If there were ways to earlier today—the weapon of choice in Senator MURRAY of Washington State come together, then we have had 6 homegrown domestic terror attacks is has joined us. Thank you so much. months to find that common ground. I the firearm. Why wouldn’t we do every- I am going to ask a quick question, take the Senator’s offer very sincerely, thing in our power to take that weapon and then I have other questions I am but my hope is that by taking the floor of choice away from those individuals? going to ask afterward, but I want to today and not moving on the CJS bill We are making this country less safe pursue a point our distinguished col- until we resolve these issues, we will every day that we allow for 9 out of 10 league from Vermont raised about the provide the impetus for our sides to individuals who are on the terrorist perception of Americans who can’t get come together and find that common watch list who seek to buy guns to buy that we can’t get things done here. ground. them. There are many issues and problems I thank the Senator for his participa- By the way, as the Senator knows, beyond our control. There are many tion and his question. that 1 out of 10 isn’t denied a gun be- issues and problems we cannot affect.

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.050 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE June 15, 2016 CONGRESSIONAL RECORD — SENATE S3917 The state of the economy, perhaps, we the industrialized world. Nobody denies on a street in their own neighborhood. can impact. World problems seem in- that crippling, never-ending grief that Every time there is a new mass shoot- tractable a lot of the time. comes with a loved one being lost. Yet ing, I get the same question from the Here are commonsense, straight- we do nothing. We just persist this people I represent in Washington State: forward measures where the Senate of week as if it is business as usual. Why What is Congress going to do to stop the United States and the Congress can did you sign up for this job if you are this? get the job done—at least save lives. It not prepared to use it to try to solve It is frustrating to me that every is really that important. We can save big problems? time I come back with the same an- lives if we do the right thing. The Sen- I appreciate the hope of my friend swer, ‘‘We have been blocked from ate has been complicit by its inaction from Pennsylvania that we can find doing anything,’’ in response to my in the loss of those lives—30,000 every common ground. We have had a long constituents and the people across the year. Some of them at least could be time to find common ground. We have country. People are asking and begging saved by saying and putting into law had 4 years since those kids were for us to do something—anything—to the very simple proposition that if slaughtered in Sandy Hook to find stop this scourge of gun violence that somebody is too dangerous to fly, if common ground, but we haven’t, which has once again been splashed across the that person is on a watch list under an is why we are here today—to demand front pages of our newspapers and on investigation, then they should be that we are not going to go along with our TV screens. deemed too dangerous to buy a gun. business as usual any longer until we I say to Senator MURPHY, I know you They are at least as dangerous as a come together on at least two of the are talking about a number of issues convicted felon who is now barred from proposals that 90 percent of the Amer- around gun violence today. We all so buying a gun. ican public supports. appreciate it, but I wanted to come I wish to ask my colleague from Con- I yield to the Senator from Wash- here today to specifically ask you: Can necticut—the two of us have spoken to ington for a question without losing you talk a little bit—because you have so many people across the country, my right to the floor. seen it firsthand—about how this im- some of them survivors of gun violence, Mrs. MURRAY. Mr. President, if the pacts our students in particular? families who have lost loved ones to Senator will yield for a question, first Mr. MURPHY. I thank the Senator gun violence, and others who are sim- of all, I thank the Senator for bringing for that question in particular. I think ply citizens who watch this carnage, attention to this critical issue and for back to where I was—and I think we all not only in Sandy Hook and Orlando everything that he is doing to fight for can remember with specificity where but on the streets of Hartford, moms more than just thoughts and prayers we were when we first heard about and dads who have lost children and but actually for action. Few Senators Sandy Hook, when we first heard that brothers and sisters. Isn’t this issue of have a better firsthand understanding there were 20 dead children lying on gun violence and terrorist attacks one of this issue and the impact it has on the floor of their first-grade class- of the signature issues of our time in our families and our communities and rooms. I was with my little kids. I was showing the American people our gov- the urgent need to address it. with my then-1-year-old and 4-year-old ernment can work? We have talked As we mourn for the victims and on a train platform in Bridgeport, CT, about the message it sends to our al- families who were impacted by the hor- getting ready to go down to New York lies. I asked a question about that rific violence and terror against LGBT to see the Christmas tree displays. point. We have talked about the mes- and Latino Americans in Orlando on They were so excited about that to go sage it sends to law enforcement, such Sunday, we are once again reminded down. I remember having to tell them as the FBI, but to the American people that no one is safe from the horrific I had to go to work, and I left them and the failure to act not only makes the epidemic of gun violence in our coun- my wife on that train platform as we Senate complicit in a moral sense in try—not even in our schools, which told them the trip was off. those lives lost but undermines the should be safe havens for our students. I am here today, as I think all of us credibility and trust of the American I know the Senator knows this all are, because this is personal to us. My people in their government to protect too well. My home State of Washington oldest, who was 4 years old then, is this them, to achieve the most basic assign- is no stranger to this as well. In 2014, a week in his final week of first grade— ment they give us, to make America man walked into an academic hall at first grade—the same year as those safe and secure—safe and secure from Seattle Pacific University in Seattle, kids who were killed in Sandy Hook. the bad men like Adam Lanza, who shooting three students and taking the And so, I think in deeply personal killed 20 innocent children and sixth- life of a freshman. Later that very terms about what Sandy Hook means grade educators, or the homegrown ter- same year, a 15-year-old boy shot five to the kids who survived in addition to rorist inspired and supported by ISIS other students, killing four, at the families who lost loved ones. There or sent here by some foreign terrorist Marysville Pilchuck High School in is no recovery for that community. It organization, or the twisted haters who Marysville, with his dad’s gun. Those is still a community in crisis. There are bigoted against LGBT or some shootings were devastating to parents, are waves and ripples of trauma that other group. This signature issue is siblings, friends, and teachers—to our never end. I think about the reality of about keeping America safe and giving entire community. Those are just two what it is to be a kid in school today, our law enforcement authorities and examples in my home State. being increasingly in an environment our protectors the powers they need to In Newtown, and across the country, that seems more like a prison than it do their job. there are too many shootings in does a place of learning, going through So I ask my colleague from Con- schools to even name. According to a metal detectors, performing active necticut—we have joined today in this report from Everytown, from 2013 to shooter drills, and having to live in a effort—is there a message to the Amer- 2016, we had 188 shootings at schools perpetual state of fear that somebody ican people here, that we are sending across the country. Not all were mass is going to walk into your school with the message that enough is enough but murders; some just a gun going off in a gun or there is going to be a gunfight also enough killing is enough, enough the air, other students were wounded, that breaks out between students. That inaction is enough, we have seen others were attempts at self-harm. is no way to learn and that is no way enough, the time for action is now? That is terrifying in a school when a to live. Mr. MURPHY. I thank the Senator. I shotgun goes off; that noise, what hap- So I think almost all of us on this think the question is simply: Why are pens to the kids around it, and it is floor, Republicans and Democrats, are you here—you asked for this job—if frightening to me that this is not let- either parents or grandparents, and we you didn’t want to confront the big ting up. know what a horrific reality it must be questions and the big problems? It sickens me actually that in Amer- to live with that fear as a child, and Nobody denies that this is an epi- ica today parents have to wonder if how little solace we give parents when demic of criminal proportions. Nobody their children will be safe when they we do nothing. At least, as a parent, if denies that this is happening only in send them off to school or when they Congress were acting to try to make the United States and nowhere else in go to a movie theater or a mall or even the next mass shooting less likely, you

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.051 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE S3918 CONGRESSIONAL RECORD — SENATE June 15, 2016 could maybe hold your head a little ness in Saginaw. Total Entrepreneurs been convicted of domestic violence of- higher and your back a little straighter Concepts is the name of the company. fenses, people with court orders related when you are telling your kids it is Founded just last year, his business al- to stalking, and convicted felons. going to be all right, but there are a lot ready employs about 20 people and han- These groups are already barred under of parents who are so angry with us be- dles marketing for Fortune 500 compa- Federal law from purchasing or other- cause they don’t think we are keeping nies. Tevin had recently visited family wise possessing firearms, and this is their kids safe. in North Carolina to watch several enforced through background checks. Senator MURRAY, I thank you for nieces and nephews graduate before It is also painfully clear that we need framing it in the eyes of kids because traveling to Florida to see friends and to keep guns out of the hands of terror- we think about it in terms of stopping colleagues. ists. This is why we need to close the someone from committing a crime or Drew was 32, and grew up in metro terror gap and prevent individuals on about how a background check system Detroit before moving to Orlando with terrorist watch lists from purchasing works, but when we stop these shoot- his mother. He became a civically firearms. Unfortunately, however, clos- ings, it is really about protecting those minded activist early in life, starting a ing the terror gap and enforcing gun kids. gay-straight alliance in high school be- safety laws cannot be effective without I yield to the Senator for a question. fore studying psychology and becoming universal background checks. It Mrs. MURRAY. I appreciate the Sen- a licensed mental health counselor. He doesn’t matter if we ban selling guns to ator’s response because, to me, there recently won the Anne Frank Humani- people on the terror watch list if large are multiple layers, but certainly if we tarian Award for his work in the gay percentages of purchasers avoid back- are not doing anything to provide that community. ground checks by buying a gun at a safety for our young kids in this coun- Drew was at Pulse with his partner, gun show or over the Internet. try, we are not living up to our respon- Juan Guerrero, who also lost his life A story from our neighboring State, sibility as adults today. It is horrific that night. Now, instead of potentially Wisconsin, haunts me as an example of for a parent to get that text home say- helping them plan a wedding one day, violence that could have been stopped. ing there has been a school lockdown. their loving families are planning a Recently, a Wisconsin man subject to a It is even worse if the consequences are joint funeral. They want their sons to restraining order from his estranged real. It seems to me, the Senator is be side-by-side as their friends and wife—a man who was barred under cur- right to be out here today discussing family pay their respects and bid them rent law from purchasing a gun—was able to take advantage of the private and bringing attention to it and doing farewell. seller loophole and purchase a weapon more than just saying, ‘‘Let’s do some- Orlando’s events serve as a stark re- without a background check. He then thing,’’ but really forcing us to make minder that the fight for equality in confronted his wife at the spa where sure we are doing something, and I this Nation for LGBT Americans must she worked. He killed her and two oth- thank the Senator. not end with marriage equality. We ers, injured four more people, before Mr. MURPHY. I thank the Senator still live in a nation where Americans can face discrimination and even be turning the gun on himself. from Washington. Just like our current law bans gun Before yielding to the Senator from killed simply because of whom they sales to those convicted of domestic vi- Michigan, let me note there are a num- love. We cannot tolerate violence that olence or with restraining orders in ber of House Members who have joined targets any individual based on their place against them, closing the terror gender, sexuality, race, or religion. us on the floor. I thank them for their gap will only be fully effective if we This horrific incident raises a num- support in our effort to force a debate have universal background checks. and discussion on the floor of the Sen- ber of questions. Was it a hate crime, My question to the Senator from ate today. I would note that of the an act of terrorism, an outgrowth of Connecticut is, Will closing the terror House Members who have joined today, ease in which individuals in this coun- gap alone prevent the sale of weapons there have been a number from dif- try can purchase deadly weapons with to potential terrorists in the United ferent States who have joined us. Rep- high-capacity magazines or the heinous States or will we need universal back- resentative LANGEVIN was on the floor. actions of a self-radicalized young man ground checks to ensure that these in- I am particularly proud of all five inspired by and swearing allegiance to dividuals are not able to exploit the Members from Connecticut who have ISIS? The answer to all these questions loopholes in the current law? stopped by on the floor for these pro- is yes. Mr. MURPHY. I thank the Senator ceedings, and I know we will expect I urge my colleagues and Americans from Michigan for asking the question more with that. across the country to resist painting that is the crux of this debate. It is our I yield to Senator PETERS for a ques- this tragedy in simple, reductive responsibility to do everything within tion without losing my right to the terms. This attack was a hate crime. our power to protect Americans from floor. This attack was an act of terrorism. terrorist attacks. The reality is, ter- Mr. PETERS. I would like to thank Yes, this attack speaks to the dis- rorist attacks can come in many dif- my colleague from Connecticut for turbing ease with which dangerous fire- ferent forms, but recently it has been yielding the floor for a question. arms can be acquired in our Nation. coming through one form; that is, fire- While I intend to ask my colleague The problems that led to this tragedy arms, and often very lethal, military- from Connecticut shortly about the are complex, but complexity is not an style firearms. So it is our duty to do interaction between closing the terror argument for inaction. everything possible to protect Ameri- gap for gun purchasers and expanding We need to start somewhere. cans from that new trend in terrorist background checks, I would first like Thoughts and prayers can be meaning- attacks. The Senator is right. The an- to take a moment to mourn the loss of ful and are certainly powerful, but we swer to the question is, simply putting the 49 people who were killed and rec- need to do more than just offer our suspected terrorists on the list of those ognize the dozens more who were thoughts and prayers. Now is the time prohibited from buying weapons is not wounded in the worst mass shooting for action. As Senators, we have no enough because 40 percent of gun sales our Nation has ever seen. higher duty than keeping the American today are not happening in places While my heart goes out to all the people safe. This includes taking the where background checks are con- families and friends of the victims, fight to ISIS overseas with our allies ducted. We have to do both. today I would like to honor two Michi- and vigilant law enforcement here at It is not a secret that someone can go gan men who lost their lives that home. My colleague from Connecticut online to arms lists and easily get a night. Tevin Crosby and Christopher has been discussing two simple critical weapon in minutes without having to Andrew Leinonen, who went by the changes we can make to help prevent go through a background check. It is name of Drew. gun violence in our Nation, including full of holes like Swiss cheese. There is Tevin was only 25. He was born in the acts of terror like we have seen in limited utility in passing an inclusion North Carolina, and he came to call Orlando. We need to keep guns away for people on the terrorist watch list Michigan home after finishing school from those who shouldn’t have them. for those prohibited from buying weap- and starting his own marketing busi- This includes individuals who have ons unless we do the secondary bill we

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.053 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE June 15, 2016 CONGRESSIONAL RECORD — SENATE S3919 are asking for. As Senator DURBIN and Another number that we probably tion against that in some fashion, we I have talked about a number of times don’t talk about enough and it is a are not going to solve this problem. this afternoon, expanding background much larger number. It is a number One of the things we could do—again, checks also has a double benefit of ad- above 33,000—33,000 Americans lose we have a long list of things to do to dressing this secondary epidemic of their lives to gun violence every year. deal with gun violence, to reduce that urban gun violence, which is often per- That is hard to comprehend. We have number of 33,000 Americans dying petrated by individuals who have ille- lost numbers like that in wars that go every year because the Congress of the gal weapons. Law enforcement, police over multiple years. So 33,000 is the United States refuses to take any ac- chiefs, and guys on the frontlines in number. We have to ask ourselves why tion at all. But this is what my bill our cities will state that if we force in the face of that whether it is Or- would do, and it is very simple. It every gun sale through a background lando or Newtown or Aurora or Tucson would say: If you have been convicted check or virtually every commercial or go down the list of mass shootings. of a misdemeanor hate crime, in order sale through a background check, we By the way, mass shootings were not a to meet the requirements of this law, will have fewer firearms on our street, part of American life when I was grow- there is a two-part test. It would have and there will be less carnage on the ing up in 1960s, 1970s, and 1980s. This is to be a misdemeanor hate crime that streets of Chicago, New Orleans, and a rather new phenomenon—a very re- fit this two-part test. Baltimore. cent vintage. But when a tragedy and a First, it would have to be either an The answer to the question is, yes, crime like this happens and the scale of act of violence that was part of a con- we have to do more to protect Ameri- it is so immense, we have to ask our- viction or an attempt to use violence cans from terrorist attacks, but we selves, is there something we can do? or an action directed at either the at- also have to address this ongoing The answer by a lot of Democrats has tempt, the use, or the actual use of slaughter that often doesn’t rise to the been, yes, we can do a number of force or violence. level of getting on national news but is things. We can say finally that we can Second, in addition to that, the a reality in our cities. ban military-style weapons so we don’t crime and the conviction would have to I yield to the Senator from Michigan have to have them on our streets. We be a hate crime motivated by hate or for a question, if he has a question. can take action instead of just debat- bias against eight groups of Americans Mr. PETERS. I don’t, but I think ing and expressing solidarity and sym- who are in what we call the law-pro- that sums it up. I hope this body will pathy and mourning. That is appro- tected class. come together to take up this impor- priate, but in addition to that, we can First, if someone committed a hate tant legislation, this amendment. If take action. We can take action on crime against someone because of their these two measures are separated into military-style weapons. We can take race—and that is on the rise. We are two potential votes, as we hear may action on limiting the amount of clips told by the experts that there are over happen, I hope we all understand that and the amount of bullets any one per- 890—the number they put is 892—there we can’t vote for one and not the other son can fire at any one time. are 892 hate groups in the United and think we are really dealing with I am convinced, for example, based States of America. Over 190 of them are this issue. If we only block someone on on the evidence we saw in Newtown at the Ku Klux Klan. All of that is part of a terrorist list but do not require uni- Sandy Hook Elementary School that this problem, the rise of hate crimes, versal background checks, it is basi- the Senator from Connecticut talked the rise of hate groups. Hate groups cally a vote that may sound good but is about—the most horrific way those who are directing violence and other simply not going to be effective in children died—based upon the evidence, actions against African Americans— dealing with this horrible situation and I am convinced that the killer, if he that is on the rise. Hate groups who are dealing with the incident I mentioned had more time, would have killed hun- targeting Muslims—that is on the rise. from Wisconsin. These stories happen dreds of children and that number Hate groups who are targeting people every day. It may not capture the na- would have gone far above the horrific with disabilities—that is on the rise. tional media like the horrible, tragic number of 20. So we can take action on And of course, as we saw horrifically in event we saw in Orlando, but the devas- that and make sure that at least Orlando, hate crimes—in this case, tation to the families is every bit as maybe that criminal, maybe that kill- there were 49 people killed because of real every single day. It is the obliga- er won’t have a military-style weapon animosity toward LGBT Americans. tion of this body to step up. I appre- and won’t have an unlimited supply of So you are engaged in hateful actions ciate that answer. I appreciate my col- ammunition. that rise to the level of the definition league from Connecticut for standing We can also take action on back- of this bill, and you are directing that up on this issue, and I look forward to ground checks. We tried that. We got at someone because of their race, color, working closely with you to address the most votes of any of the three religion, national origin, gender, sexual this. votes we took in 2013. But we should orientation, gender identity, or dis- Mr. MURPHY. The Senator from certainly vote on that again and take ability. So if you are directing hateful Pennsylvania is on the floor with an action. That is a third way of taking actions against Americans who are in incredibly important and tragically on- action. We have had bipartisan con- those classes, that would meet the defi- point piece of legislation. sensus on that but not enough. Frank- nition of a misdemeanor hate crime. I yield to the Senator from Pennsyl- ly, there were not enough Republican The consequence of that, the con- vania for a question without losing my votes to pass background checks, sequence of a conviction or the con- right to the floor. which 90 percent of the American peo- sequence of a sentence enhancement Mr. CASEY. I thank the Senator ple support. It is hard to comprehend because of a hate crime, would be that from Connecticut who has taken the why 90 percent support it and not you would be denied a firearm. That is floor to take a stand for those who lost enough Members of our Senate. just one of many ways that we can their lives in Orlando and so many We can also take action on mental make sure someone’s hate is checked other places. I know he has lived health reforms. That, too, has been bi- at a much lower level. I don’t want to through that horror, representing folks partisan, but that hasn’t happened. wait until that hate manifests itself in in Connecticut, who went through the That is another way to take action. a felony conviction where there is a horror in 2012. What I am trying to do is to focus on much graver crime that has been per- I have a question about why we have the other aspect or at least the addi- petrated because of hate, because you to take action. I want to set forth a tional aspect of this tragedy in Or- are directing your hate through vio- predicate first. The numbers here are lando, which is, as the President said, I lence against individuals because of just startling when you consider in the said, and a lot of people said, this was their race or because of whom they context of just the last couple of days— an act of terrorism, but it was also an love or because of some other reason. 49 dead and so many others—so many act of hate. Unless we begin to do So this is one of several ways I think others are grievously, and I hope not something about the problem of hate in we can act. permanently, injured and all the devas- America, which infuses the horrific ac- The list gets longer. Obviously we are tation that means. tions killers take, unless we take ac- at a point now where we might be able

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.054 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE S3920 CONGRESSIONAL RECORD — SENATE June 15, 2016 to vote on finally taking action on the swer is ‘‘We just have to enforce exist- change the reality that exists every terrorist watch list. Why is it that if ing laws, and that is as far as we can day on the streets of America and with you are too dangerous to be on an air- go. We can’t do anything more than respect to these mass shootings. What plane, you are not too dangerous to that. We just have to enforce existing we have is loads and reams of data have a weapon or to have a high-pow- laws.’’ So I would ask that part of the from State experiences to tell us that ered weapon, a military-style weapon, question. The second part is, if we be- when you take these commonsense with unlimited ammunition to shoot at lieve the answer to that question is steps—such as applying background anyone you want? ‘‘No, we can do more,’’ what is it we checks to a broader range of gun There are a lot of things we can do, should be doing? sales—you have a dramatic reduction and that is why I pose the question to I pose this because I have to only in the number of homicides that are the Senator from Connecticut about wonder and imagine, really imagine in committed, you have a dramatic reduc- what we can do and what we should do. horror, what if that was our answer? tion in the number of people who are I wanted to make a point as well be- What if that was our answer on Sep- killed. fore I pose the exact question. We know tember 12, 2001, and the days after There is no doubt that we have the that in Orlando three of the victims that? What if we said at the time ‘‘You ability to do something. You are right were from Philadelphia, my home know what. This is a horrific event, that there is a panoply of measures we State. They were in that nightclub in what happened on 9/11. Three thousand need to consider. We have suggested Orlando when the gunman opened fire. people were killed, and the country was starting with the two that are the least Eighteen-year-old Akyra Murray’s shaken to its core. But terrorism is a controversial. Start with the two that family took her and two friends, Pa- difficult problem to solve. We will al- have broad support of the American tience Carter and Tiara Parker, on va- ways be dealing with it. We should just public. Start with an expansion of cation from Philadelphia to Orlando to enforce existing laws.’’ No, we didn’t do background checks to gun shows and celebrate Akyra Murray’s graduation that. We said ‘‘No, we are going to stop internet sales and the inclusion of peo- from West Catholic Prep High School. this from happening. We are going to ple on the terrorist watch list, of those The Presiding Officer, my colleague take action so that planes won’t be fly- who are prohibited from buying guns. from Pennsylvania, knows where that ing into buildings and killing thou- There are the two on which there is high school is, as I do. She had a full sands of people. We are going to take no controversy outside of this body, so basketball scholarship to Mercyhurst action to stop that.’’ that would be a nice start. Then we can University, which is at the other end of Guess what. People came together in get to working on all of those other our State in northwestern Pennsyl- this country, from one end of the coun- measures that will truly end up in sub- vania. She was third in her class. She try to the other, and we solved that stantial change—a change in reality just happened to be in Orlando and problem. It hasn’t happened. Now, we for people who have lived with this epi- happened to be in that club when her have had other terrorist attacks. We demic every day. life was ended. They were there that know that. We know we will continue night to dance and to laugh. She was 18 to fight terrorism. But we solved part I thank the Senator for his questions years old and not even a resident of of the problem because we came to- and for his passion on this issue. that area. Both Parker and Carter were gether. We even opened up a new Fed- Mr. WYDEN. Will the Senator yield injured in the attack, but Akyra Mur- eral Government agency, for goodness’ for a question? ray lost her life. sake, the Department of Homeland Se- Mr. MURPHY. I yield to the Senator Our hearts break—everyone in this curity, which has made our country from Oregon for a question without Chamber, I know—our hearts break for safer. yielding control of the floor. her family. Our prayers are with Pa- We have a long way to go on this Mr. WYDEN. I thank my colleague, tience Carter and Tiara Parker as they issue, but I am pleased that we an- Senator MURPHY. I thank him, Senator recover. swered that question with a deter- BOOKER, and Senator BLUMENTHAL for Sadly, the LGBT community isn’t mined effort and with a consensus what they have done today. alone in experiencing this hate that I across this city, this center of govern- Here is the bottom line for me, Sen- spoke of a moment ago. One year ago ment, and across the country that, no, ator MURPHY and colleagues. Mass this Friday marks the 1-year anniver- we are not going to surrender to the shootings are now happening like sary of the massacre at Emanuel AME terrorists. We are going to take action clockwork in America: Thurston, Col- Church in Charleston, SC. At this his- to stop them from getting on airplanes. umbine, Blacksburg, Tucson, Newtown, torically African-American church— Why is it that we are not taking the Aurora, Charleston, Roseburg, and Or- the oldest AME church in the South, same approach to gun violence? It is lando. Communities are being torn often referred to as ‘‘Mother Eman- complicated, and it is difficult to solve apart like clockwork by unspeakable uel’’—a racist young man with hate in this problem, but why not take a series gun violence. In this building we come his heart opened fire and took nine of actions that in and of themselves together now for moments of silence shots. will not solve the problem, but we can honoring the victims of these shootings We all know the very moving speech at least take action? like clockwork, and, like clockwork, the President gave that day or in the I ask the Senator from Connecticut, this Congress does nothing about it. days after. One of the things the Presi- why is it that the answer by so many dent said was that we have to recognize people who serve in Congress is that When I was home last month, I vis- the uncomfortable truth of that trag- there is not much we can do except en- ited Umpqua Community College, just edy, and that truth is staring us in the force the law? And if we can take these outside of Roseburg, which was the site face today. It still stares us in the face. actions, which I believe we can, what is of a horrendous shooting 8 months I think we must act. When we con- it we can do? ago—one of the deadliest school shoot- sider the 33,000 people who are killed Mr. MURPHY. I thank the Senator ings in our Nation’s history. What I every year by gun violence, the 43,000 for his question, for his passion, and for saw at Umpqua Community College, hate crimes committed with a firearm his ability to articulate how com- what I heard from those at the school over the course of just 4 years—43,000 plicated this issue is and the com- and the families in the community is, I hate crimes over 4 years with a fire- plicated nature of the motivations that am sure, a lot like what my friend from arm—when we consider those numbers, led to the shooting in Orlando, which is Connecticut hears about how the suf- we have a long way to go. why the Senator’s legislation that fering doesn’t go away. I ask my colleague from Connecticut would elevate the treatment of hate The 1-year anniversary of the shoot- a two-part question. Why is it that crimes with respect to the prohibitions ing in Charleston, SC, is coming up when these things happen, these hor- on gun sales is so critically important. soon. I am quite sure it is the same rific events, we have some people—and I hope we have time to debate that as way for people in South Carolina. The this is part of the debate—when we say well. trauma, the process of mourning, re- we need to take action or ask ‘‘Will It is imperative that we act right building, and then trying to find a way you join us in taking action?’’ their an- now, and it is within our power to somehow, some way to move forward

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.056 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE June 15, 2016 CONGRESSIONAL RECORD — SENATE S3921 from the enveloping grief is a horren- our communities and our families be ing that it seems to me that what has dous experience and a common experi- safe. been learned here is that while the in- ence now that so many of our commu- I am just going to wrap up by getting vestigation goes on, there may have nities share. The reality is the trauma personal for a moment. My late brother been a terrorist attack, there may have doesn’t just vanish into the vapor. The suffered from serious mental illness. been a hate-inspired attack. My ques- news cameras are eventually going to Senator MURPHY, not a day went by— tion is this: Aren’t the steps I have out- leave Orlando, just like they left not a day went by—when I wasn’t wor- lined here today commonsense, prac- Roseburg. The bullet holes in the ried that my brother, who was a schizo- tical steps, whether it is a hate-in- nightclub will get patched up. The fam- phrenic, would be out on the streets spired attack? We have seen the human ilies and the friends of the victims will and would either hurt himself or would toll that discrimination takes against try to live their lives the best they can, hurt somebody else. That was the case those who are targeted on the basis of but it is going to be such a difficult, with my family. It is time to establish hate. We have seen what it means to difficult task for the LGBTQ commu- once and for all a system through families who have been struck by ter- nity in Orlando. But the trauma—the which individuals who are found to be ror. But aren’t the steps that have been trauma—isn’t vanishing. a potential threat to themselves or outlined here by you and colleagues on So there is no perfect solution, but others can get the treatment they the floor—Senator CASEY, with his very trauma ought to be followed up in a need. I see my colleague from Michigan valuable proposal—commonsense legis- very concrete way with some specific here. She has championed this effort lative efforts that make sense whether constructive steps that begin to lay year after year after year. this has been primarily a terror attack out an answer. It just seems to me that I am not going to recap the pro- or a hate-inspired attack? in the Senate and the Congress, the posals. Some of them have been dis- Mr. MURPHY. I thank the Senator idea of following up with more mo- cussed at length here on the floor. But for his question. Of course they are ments of silence, with more inaction, a majority of Americans finds these commonsense measures, and, impor- just isn’t enough. There are common kinds of commonsense gun safety tantly, they are measures that are sup- steps, practical steps the Congress can measures not to be ones that infringe ported by the broad cross-section of the take now. on the rights of responsible gun owners American public. What my colleague is Those who have argued that the only or violate the Second Amendment or proposing is only controversial here in possible response to the shooting in Or- even come close to it. A majority of the Senate. It is controversial nowhere lando can come in a war zone thou- gun owners think these proposals make else in this country. sands of miles away are looking for ex- sense. Mr. WYDEN. I see colleagues wait- So this is what I would like to ask cuses not to do something—not to do ing, and I thank the Senator. my colleague from Connecticut, in something meaningful here at home. Mr. MURPHY. I yield to the Senator terms of an update, because my col- There are steps that can be taken now from Massachusetts for a question, league from Connecticut has been a to curb this violence. It won’t stop through the Chair, without losing my leader in this effort. Senator FEIN- every crime—a number of the ideas right to the floor. STEIN’s proposal, of course, is designed have been discussed before—but the Ms. WARREN. I thank my colleague. to prevent those on the watch list from victims of the shootings are owed a re- Last Saturday, I was in Boston for buying guns. Numbers have been sponse. our annual Pride Parade. They are thrown around repeatedly about the First, I know my colleagues have practically an institution in Boston, number of people this would actually mentioned this already this afternoon, and this marked our 46th annual impact. I know the General Accounting but Senator FEINSTEIN has put forward march. I have gone to Pride for years, Office has looked into this. Can the a proposal to close the dangerous ter- and when I go, I don’t march, I dance. Senator tell me how many people on rorist gun loophole. I thought that was I dance with people—young people and this watch list have been able to buy a a sensible step—common sense. People old people, Black people and White peo- gun? shouldn’t look at that as a partisan ple, Asian people and Latino people, Mr. MURPHY. I thank Senator issue. Americans want to know why gay people and straight people, bisex- WYDEN for his question. It is a really ual people, transgender people, queer anyone would vote to allow individuals important one because the number is people. The parade has everything. It suspected of terrorist ties and motiva- certainly shocking for how high it is has intricate floats, marching bands, tions to purchase regulated firearms. and how low it is at the same time. Let Next, close the loopholes. Close the elaborate costumes, and tons of on- us take 2015. In 2015, there were 244 in- loopholes in the background check. It dividuals who were on the terrorist lookers. is way past time to do that and to stop One Boston reporter called our pa- watch list who attempted to buy weap- allowing the purchase of a gun online rade pure joy, and he is right. I love ons, and 223 of those were successful in Boston’s Pride Parade. I love it as or at a gun show without a background buying the weapon. So in 90 percent of much as anything I have done as a Sen- check. Certainly, the background the occasions in which someone on the checks themselves have to be substan- terrorist watch list attempted to buy a ator. For me, this parade is the tan- tially improved. There are holes that weapon, they walked out of that store gible demonstration of what happens ought to be plugged, including those with the weapon. when we turn away from darkness and that keep guns in the hands of some- Now, it gives you, A, a sense of the division and turn toward our best body who has been a convicted domes- scope of this. There are only 224 people selves, when we turn toward each tic abuser. I am not talking about over the course of the whole year who other. It shows us what this Nation being charged or something that is were on the terrorist watch list and looks like when we are at our best—in- speculative. We are talking about a who attempted to buy a weapon. But clusive, strong, united, optimistic, and convicted domestic abuser. what we know from this weekend is it proud. It shows us what this Nation Once and for all the Congress ought only takes one with malevolent inten- looks like when we beat back hate and to close the pipeline for illegal guns, tions to create a path of death and de- embrace each other. straw purchases, and gun trafficking. struction that is almost impossible to Early Sunday morning, at around 2 These ought to be Federal crimes. calculate. It is just impossible for the a.m., someone tried to take that away The Senator from Connecticut and I American public to understand how from us. It wasn’t the first time. It was have also been strong advocates of that number persists—how we allow for the most recent. It was extreme and beefing up the research into gun vio- 90 percent of the people on that watch horrible and shocking. Dozens of lives lence. There has been a prohibition on list to walk into a store and to success- were lost, and dozens more were in- doing that. Say that one to yourself— fully buy a weapon. jured. All across our country we grieve a prohibition on doing research into That is the number from 2015—223 out for those lost and for their families and gun violence. It just defies common of 244 were successful. for their loved ones. sense. It makes no sense at all to block I yield to the Senator for a question. This is especially true in Massachu- the Centers for Disease Control from Mr. WYDEN. I thank my colleague, setts. Three years ago, the people of gathering information that can help and I will just wrap up by way of say- Boston came face-to-face with terror at

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The idea was to truths and to come together to address Thirty-seven-year-old Kimberly use that anniversary as an opportunity them. ‘‘KJ’’ Morris, who was working the for the community to remind us all First, we must take the threat of ter- door at Pulse, had lived in North- that they, too, are citizens, they, too, rorism seriously. We must continue to ampton, MA, for more than a decade, get to have some fun, and they, too, stop the flow of money to terrorist performing in nightclubs and working are entitled to the same dignity and re- groups and to work with our allies to at Amherst College and Smith College. spect as every other American. Over stop the movement of terrorists and She had recently moved to Florida to the years, the tradition expanded disrupt hubs of radicalization abroad. help take care of her mother and across this great Nation, just as toler- Here at home, we need to make sure grandmother. ance and acceptance expanded across that our law enforcement agencies Twenty-three-year-old Stanley this great Nation. Pride both helped us have the resources they need—funding, Almodovar, a pharmacy tech, spent his move forward and showed us how far training, equipment. But we also need childhood in Springfield, MA. He came we have moved together. to make sure we have the resources to out of the bathroom at Pulse just as When terrible things like the Orlando analyze and counter radical propa- the bullets were flying. He pushed peo- shooting happen, we face important ganda. The war on terror is now fought ple out of harm’s way as he was shot choices, as a country, as individuals, online, and we need to put our best three times. and as a community. When terrible forces online to fight back. We need to A third Massachusetts native who things happen, we have to choose how work with people in our local commu- survived the massacre was also shot we respond, and all of us will decide nities—not isolate or demonize them— three times. Angel Colon of Fra- whether we are going to come together to stop radicalization before it starts mingham, MA, was shot in the leg, the or splinter apart. We have become a and to prevent tragedies before they hand, and the hip. He is alive today, ac- country that is defined by fear and occur and to show that nobody is kept cording to Colon, only because the gun- hate—fear of each other and hatred for out of the American family because of man missed his head as he shot those anyone who is different from ourselves. how they look or talk or pray. who were lying on the floor to make In the America of fear and hate, we Second, we must take the threat sure they were dead. will alienate and isolate entire commu- from guns seriously. Our Nation is Thirty-seven-year-old Geoffrey nities, creating even more fear and awash in the weapons of murder, and Rodriguez, raised in Leominster, re- hate, and threatening further violence. there are many things we can do to ad- mains in critical condition now. Rodri- We will fracture as a people, splin- dress that. We can ban Rambo-style as- guez was shot three times. As of Tues- tering off into separate groups, each sault weapons. We can take these day, he had undergone three surgeries. fearing others and each seeking to weapons of war off our streets. We can His family is optimistic he will pull serve only themselves. Or we can make also close the terror gap. through, and all of us from Massachu- the choice to come together. We can The FBI should have the authority to setts and all across the Nation are choose that no community—no com- block gun sales to anyone they believe rooting for him. munity of immigrants, no community is a terrorist. If someone cannot get on Now, there are still things we don’t of Muslims, no community of young an airplane because the FBI is con- know about the shooter. We don’t know men—is isolated in this country. We cerned that they might be plotting to about his planning, his motives—things can do this knowing that when we em- do harm against Americans, then they we may never know. But here is what brace each other and build one people shouldn’t be able to walk into a store we do know. We know the shooter out of many, we become a stronger and buy a Rambo-style assault weapon. called 911 and pledged allegiance to country—stronger because the bonds of We believe we can close the back- ISIS, declaring his intention to be community prevent alienation, strong- ground checks loophole. Anyone who known in history as a terrorist. We er because the bonds of community cannot buy a gun because of a felony know he carried an assault-style weap- make it harder to turn us against each conviction or mental illness should not on that was designed for soldiers to other and break us apart, stronger be- be able to go to a gun show or go online carry in war. We also know that hun- cause the bonds of community mean and buy that same gun. We can act to dreds of people in Orlando went to the people can get help before it is too late. make the next shooting less likely. We Pulse nightclub to continue their cele- We cannot ignore the fact that this can act to reduce the likelihood that a bration of Pride and that the shooter massacre targeted an LGBT club, and disturbed individual, a criminal, or a targeted them to die. we should learn from that and from the terrorist is again able to kill dozens I woke up on Sunday morning still in message of Pride. In Orlando, an act of with a gun. If we fail to act, the next the glow of the Boston Pride Parade. terrorism was also an act of hate vis- time someone uses a gun to kill one of That ended fast. But I thought about ited upon people who came together in us—a gun that we could have kept out the history of Pride. In the 1960s, the friendship and celebration. But the pa- of the hands of a terrorist—then Mem- mere act of publicly associating with triots at Stonewall showed us the way. bers of this Congress will have blood on the LGBT community was considered They gave birth to a movement that our hands. radical. That was true even in places changed our Nation. They beat back But the truth is this is not just about where the community came together to hate. They showed us that change is Congress. It is about all of us. We all seek strength and protection, like New possible—that change for the better is have choices. We have choices about York’s Greenwich Village. Greenwich possible. They showed everyone that how we are going to treat our neigh- Village’s Stonewall Inn was one of the love can triumph over fear and hate, bors and our fellow citizens; choices popular gay bars in New York, and it that we can all come together. But, about what we do when someone is tar- was regularly raided by police officers boy, they showed us that you have to geted at a coffee shop because of their who arrested patrons for any number of work for it. background or their looks or their bureaucratic violations, obviously de- This is not an abstract idea. When it race; choices about how we react when signed to harass, embarrass, and abuse comes to our response to the tragedy in a friend or a coworker, a son or a people whose only crime was to want a Orlando, we are already beginning to daughter, tells us the truth about who place to be together. One night, in late see the splintering of America. One they love; and choices about how we June of 1969, the bar’s patrons fought side shouts: It was a gun that killed all treat our neighbors and fellow citizens back. The rioting continued intermit- those people. The other side shouts: It who don’t look or talk or pray like we tently for five nights, and it wasn’t wasn’t a gun; it was a terrorist that do. It is a scary world out there. We all pretty. It reflected the demands of the killed all those people. Through all of know that. Terrorism mutates into

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But we should not put guns into the hands cide whether we come together or happen in Roseburg it did. It was Octo- of felons or those who are deeply men- splinter apart. ber 1, 2015. It was a beautiful autumn tally disturbed. We can keep weapons from those who morning in the small town. There on It was in the year 2000 that Measure would do us harm. We can make it the college campus we heard the sound 5 was put on the ballot as a citizen ini- harder for terrorism to take root in of gunfire. A disturbed individual tiative—and it passed overwhelmingly this country. We can drive the forces of charged into a classroom at Umpqua in the State of Oregon—to expand hate out of our Nation. We can build a Community College with six guns, and background checks to gun shows. The stronger, more united America, and we within the space of just a couple of citizens did that in an initiative at the can begin right here in the Senate. We minutes, he took nine lives, including ballot. It is a State where our legisla- can begin right now. his own. One of the lives he took was a ture took action just last year in Sen- With that, my question for the Sen- cousin of mine, Rebecka Ann Carnes. ate bill 941, the Oregon Firearms Safe- ator from Connecticut is this: Do you Eighteen years old, she had just grad- ty Act, to close the Craigslist loophole. believe it is time for the Senate to act uated from South Umpqua High School Why does this make so much sense? in the interest of the American people the previous June. She was an avid If you keep a terrorist from buying a and finally pass these commonsense, hunter. She was a lover of four-wheel- gun at a gun shop, shouldn’t you also widely supported proposals to keep ing. In the picture she posted online for keep that terrorist from buying a gun guns out of the hands of dangerous peo- graduation, she was holding her grad- at a gun show? Shouldn’t you also keep uation cap, which said on it: ‘‘And so ple? that terrorist from buying a gun out of the adventure begins.’’ She was ready Mr. MURPHY. I thank the Senator the classifieds or the online classifieds, for the adventure of adulthood. She from Massachusetts for those incred- the Craigslist classifieds? Yes, of was ready for the adventure of going ibly powerful words making clear what course. Each piece of this makes sense off to college. She was ready to explore our moral obligation is. Our moral ob- to keep guns out of the hands of felons the world. She was excited. She was a ligation is to witness a crisis hap- beautiful spirit. But her adventure or those who are deeply mentally dis- pening at our feet and do something ended so shortly after graduating from turbed. In Oregon, folks believe that people about it. Why have this job—one of the high school, before she could really get most powerful jobs in the world—if we started on the journey of the balance of should buy their guns legally with a are not going to exercise it to try to life. background check and that process protect Americans from harm? Our hearts break for Sandy Hook, our shouldn’t be averted through straw So our choice—my choice, the choice hearts break for Roseburg, and our purchasers subverting the law by put- of Senator BLUMENTHAL, Senator BOOK- hearts break for all those who are af- ting a different name than the name of ER—is to say enough—enough of treat- flicted day after day after day all the person who is actually acquiring ing these mass shootings as if they are across this country as victims of gun the weapon. just part of the American fabric and violence. Now our hearts break for Or- Hunters and target shooters in Or- landscape, enough of accepting that 80 lando, the latest name to be added to a egon know you don’t need a military- people will die every single day when list that no town or city ever wants to grade, super-sized magazine to go hunt- there is no other country in the world join. In that occasion, 49 innocent were ing, and smaller magazine sizes may in which this happens, enough of pre- lives taken—49 young Americans full of give an opportunity to interrupt a kill- tending like there isn’t anything we hope and promise—and 49 individuals, er during his shooting spree. When you can do about it. each with their own story, were cut hunt for ducks, you are allowed three Senator WARREN has outlined some down simply because of who they are, shells in the gun—one in the chamber basic commonsense bipartisan steps whom they loved, or whom they associ- and two in the magazine. that we can take to make this better, ated with. My question for the Senator from and the Senator is so right. This is our A hate-filled individual targeted a Connecticut is this: When will Congress choice. There are only 100 of us. There place that was a sanctuary for the finally say enough is enough? How are only 100 of us. We can make the LGBT community. He turned this place many lives have to be lost in one collective decision to do something of solidarity, togetherness, and love shooting for Congress to act? When will about it. into a place of fear, divisiveness, ha- Congress join with responsible gun I thank the Senator from Massachu- tred, and bloodshed. owners across this country and support setts. This unthinkable carnage leaves Con- commonsense steps to prevent horrific I yield to the Senator from Oregon gress—all of us here, all of us here in tragedies? When will we close the ter- for a question without losing my right the Senate—with a choice. It is a sim- rorist gun loophole? When will we close to the floor. ple choice. We have two basic options. the gun show loophole? When will we (Mr. GARDNER assumed the Chair.) One option is to take some action that close the Craigslist loophole? Mr. MERKLEY. Mr. President, I might diminish the odds of the next As we have seen in Sandy Hook and begin by noting that the Senator from Sandy Hook or the next Umpqua or the as we have seen in Roseburg, and now Connecticut and the Senator from Or- next Orlando or the next assault—the as we have seen with Orlando, all too egon have a common thread that runs type of assault that takes place day in much tragedy has taken place. between our two States. That common and day out across this Nation. The Mr. MURPHY. I thank the Senator. thread that runs between Connecticut second option is to do nothing. That is At this point, I yield to the Senator and Oregon is that our two States have where we are. Option one is take some from Connecticut for a question with- been the sites of two very deadly action—take some reasonable action. out losing my right to the floor. school shootings. At Sandy Hook in There is no perfect answer. But there Mr. BLUMENTHAL. I want to thank Connecticut, it was in mid-December are substantial things that could make all of our colleagues who have come 2012 when a madman armed for a war a difference. It will not make a dif- today and thank Senator MURPHY, my zone stormed into Sandy Hook Elemen- ference in every case; it will make a friend and teammate in this cause and tary School and began a murderous difference in some cases. Isn’t that the in so many other causes, and just bring rampage—a rampage that ended with case with every law we consider? It will us back to the issue of why we are here the death of 6 school staff and 20 little make a difference, at least part of the today. Senator MURPHY, Senator BOOK- boys and girls. time, to avert a tragedy. ER of New Jersey, and I have come to Not even 3 years later, a nightmare I come from a gun State. I come from the floor to make three essential came to Roseburg, OR. Roseburg is a the beautiful State of Oregon, the best points. I am going to ask my colleague

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But also making sure there are background neighborhoods of our communities we are here on a much larger issue. checks on all gun sales in the country. across the country. While they may Why is this debate different? Why is Are those not our essential points, I not add to so many lives lost at a sin- this day different? Orlando has hope- ask Senator MURPHY? gle event, they add up to many lives fully brought us to a tipping point, Mr. MURPHY. I thank the Senator lost, and they seem to go largely unre- changed the dynamic, and enabled us for distilling the reasons for our pres- ported. We have become desensitized to to break through the paralysis and the ence on the floor down to those points. that reality. And he has seen the havoc complicity by inaction that has char- We see this as possible. We see it as that is wreaked by the Nation’s lax gun acterized the U.S. Senate on the issue possible to get a concensus between the laws when he was the mayor of New- of stopping acts of terror and hatred in Democrats and Republicans to bring ark, and I have seen it in the streets of our country. Those acts may emanate these two measures—closing the ter- our communities in New Jersey. from abroad. We have to fight the ter- rorist gap and expanding background The threat of those who are prone to rorism that is inspired or supported by checks—before the Senate floor this violence, those looking to vent their our enemies abroad, as well as people afternoon or tonight. We think that is anger or their prejudices, those who who are motivated by the twisted, in- possible, and we intend to hold the would act on their own worst instincts sidious ideology that may be inspired floor until we make significant toward others, for whatever reason, or supported abroad, the pernicious ha- progress on that front. have easy access to weapons of war. It I yield to the Senator for a question. tred and bigotry that may be exempli- Mr. BLUMENTHAL. Those points isn’t limited to Orlando. It isn’t lim- fied by Orlando and mental illness or really should be bipartisan. They ited to Aurora. It isn’t limited to New- whatever the cause. should attract support from both sides town. It isn’t limited to any State or There are three simple points, are of the aisle. There is nothing Repub- any city. People travel. Guns are traf- there not? There will be no business as lican or Democratic about any of these ficked. The violence and the carnage usual until there is action. Enough is points, is there? they create in the wrong hands know enough. We are here to say the time for Mr. MURPHY. There is not, Senator no borders. We need to act and say: No business as usual on a routine appro- BLUMENTHAL, through the Chair. That more, no more. priations bill, CJS appropriations— is the reason we posited these two pro- It is inexcusable in the midst of that time is done. We are here to make posals as a means forward on this bill. America’s nonstop gun violence epi- a historic point and seek to change the We know they are noncontroversial in demic to not come together, hold com- dynamic and seize this moment of na- the American public. They enjoy broad monsense center, and pass gun safety tional tragedy and demand action. bipartisan support. measures that we know are supported That is what the American people I yield to the Senator from New Jer- by a vast majority of the American want, and that is the second point. sey, Senator MENENDEZ, for a question people. There is a national consensus that it without losing my right to the floor. How in God’s Name can a person on is not only our opportunity but our ob- Mr. MENENDEZ. I thank my col- the terrorist watch list, unable to ligation to protect the American peo- league for yielding for a question. I board a plane—so dangerous that they ple, to make our Nation safer, to as- thank him and my colleague from New cannot fly, so dangerous that they are sure that whether it is twisted ide- Jersey, Senator BOOKER, and also Sen- known to the FBI—how can they walk ology, pernicious bigotry and hatred, ator BLUMENTHAL for galvanizing the into a gun store and walk out with a mental illness, or any other cause, we sentiment that has existed for some semi-automatic weapon and hundreds can and we will take steps to stop it. time among many of us that enough is of rounds of ammunition, and nothing Third, closing the terrorist loophole enough. It is outrageous that it took is flagged? must be accompanied by universal another mass shooting to bring us to What does it say when our Nation’s background checks. For someone to be this moment in the U.S. Senate. laws are so wildly misguided that a po- too dangerous to board a plane and On Sunday morning, I woke up, as tential terrorist doesn’t even have to still be able to buy a gun makes no did the Nation, heartbroken by the go to a gun store? They can simply sense. But beyond the intellectual, news that 49 human beings were killed open up their computer and click with nonsensical quality of it, there are in another senseless act of violence—49 a mouse on a Web site, or they can go real, practical safety implications. people who were at a dance club, cele- to a gun show and buy a deadly weapon Somebody who is too dangerous to brating Pride Week. By the way, most or two or three or four deadly weap- board a plane, to travel by air, should of them overwhelmingly were Latino. ons—military-style and designed for be deemed too dangerous to buy a gun Forty-nine Americans were celebrating war—without even a cursory back- and as dangerous as a convicted felon in an environment that they felt was ground check. That is unbelievable. It already precluded by law from buying a safe, and in an instant their lives were defies logic, and it is time to do some- gun. But that terrorist now, even if he shattered, and families were broken. thing about it. were barred from buying a gun, could I believe this was an attack on all of I don’t believe these are controver- easily go to a gun show and buy a gun us, and we need more than another mo- sial proposals. A majority of Ameri- because there is no check whatsoever ment of silence. Although we take a cans agree with universal background at those gun shows, not on the NICS moment of silence to remember those checks. If you have nothing to hide, system, let alone on the terrorist lives that were lost, we need more than you can still have access to a weapon if watch list. The two measures—closing another moment of silence. We need you can pass those background checks. the gun show loophole or the back- more. Even a majority of NRA members ground check gap and closing the ter- I am tired of saying that our hearts agree with universal background rorist gap or loophole—go hand in and prayers go out to the families of checks. It makes sense. It is a position hand. They are a start. They are not a those who lost a loved one or who were upon which we should all be able to panacea. They are not a complete solu- injured. We need more than a vigil and agree. It is a position that holds the tion. a bouquet. We need action. We need center and can be a starting point for a We are going to be talking through- commonsense gun safety laws. We need larger discussion. The fact that we out the evening about other measures to stand together with one voice. I haven’t done this yet is, in my mind, a that can be taken. Those three points hope that we can prick the conscience national disgrace. Frankly, it needed are essential: No business as usual— of the Senate to finally act. to have happened already. It should enough is enough; a national consensus I deeply appreciate my colleague have happened after Aurora when a in favor of commonsense, sensible from New Jersey, Senator BOOKER, who madman ruined movie theaters for the

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The protect Americans from a Second legislation—legislation supported by 9 second best time is now.’’ Let’s at least Amendment that has no limits, no out of 10 Americans. have the will and resolve to do what is common sense, and no realistic restric- It is inconceivable that Congress right now. tions. would fail to act in the wake of the Or- Do you know how long it takes to get Mr. President, I ask my colleague lando tragedy. To do nothing would be an AR–15, the weapon used in this hor- from connect, through the Chair, as he an affront to all of those Americans rific attack? Well, a Philadelphia In- has helped us galvanize in this mo- who have lost loved ones to senseless quirer Daily News reporter decided to ment, isn’t it possible to preserve those gun violence. find out. The answer is 7 minutes. It constitutional rights as were originally The distinguished Senators from took 7 minutes. That is all the time it envisioned by the Framers and protect Connecticut and the distinguished Sen- took to get a weapon that has a fright- our fellow Americans, which many of ator from New Jersey have been out- ening number of similarities to the M– our colleagues have said is the No. 1 re- spoken advocates of commonsense gun 16 rifle used by the military. It was sponsibility of the government? safety legislation. Senators MURPHY pointed out in that article that it could Mr. MURPHY. Mr. President, I thank and BLUMENTHAL have wept with the take more time to read the names of the Senator for his passionate words families of the 20 schoolchildren mas- the more than 100 people who were ei- and advocacy on this issue. I refer the sacred at Sandy Hook Elementary. In ther killed or injured in Orlando than Senator to a conversation Senator the subsequent 31⁄2 years, working with to buy the AR–15. Of course, that model MANCHIN and I had earlier today when the Sandy Hook families, they have ad- was just the base model. If you go to a we talked about the gun culture in vocated for legislation to address the gun store, you can buy a variety of West Virginia and how Senator menace of widely available automatic add-ons to make the weapon kill that MANCHIN hasn’t run into anyone who assault weapons—weapons that have much more—yes, kill. This isn’t about was passionate about gun ownership only one purpose, and that purpose is hunting. If you need something that who believes that people on the ter- to kill large numbers of people. has hundreds of rounds in it to hunt a rorist watch list should be able to buy We are here today to demand action deer, my God, you are in trouble. guns and believes that terrorists on commonsense measures to address The prime example is the bump fire should be able to buy guns. The Sen- gun violence. The first would be to stock, which increases the gun rate of ator from West Virginia argued pas- deny guns to people on the FBI’s no-fly fire up to 800 rounds per minute. That sionately for the notion that my friend list. Those people who are on the no-fly is more than 13 per second. Maybe the has proffered that there is no choice to list because of suspected ties to ex- NRA will claim these are cosmetic. It be made between upholding the Second tremist organizations or ideologies insults intelligence—if it is not com- Amendment and protecting our citi- should not be allowed to fly and they pletely absurd—to claim that modifica- zens from attack. should not be allowed to buy a gun. It tion that allows a gun to fire 800 Justice Scalia himself said in a very doesn’t get more common sense than rounds per minute is merely cosmetic, controversial decision that not every- that. If a person is considered too dan- but apparently to the NRA, 800 rounds one agrees with that the Second gerous to board an airplane, then that a minute is normal and covered by the Amendment is not absolute; that the person is too dangerous to purchase a Founders’ language in the Second Second Amendment, even in the minds military-style assault weapon. Second, Amendment, when no one could even of those who hold that it has a private ensure universal background checks for imagine at the time the Second right of gun ownership inherent in it, gun buyers so we can keep dangerous Amendment was being written that believe that all the things we are talk- weapons out of the hands of dangerous there could be an instrument that ing about—denying terrorists from get- people. At least 9 out of 10 Americans could fire 800 rounds a minute. ting guns, keeping dangerous assault support these measures. It is a no- We have seen how our Nation’s laws weapons off the streets, recognizing brainer. have hurt our families and commu- that there is no place in civilized soci- Enough is enough. It is time for us to nities again and again. Every day, ety for 100-round drums of with ammu- say enough is enough. We get a second there are shootings that don’t make nition—all of those restrictions are chance to vote on this legislation, and front pages of the newspapers, but they wholly in keeping with the Second this time we must come together on a ruin lives, tear families apart, and test Amendment. bipartisan basis to pass commonsense the very fabric of our society. The Or- Mr. President, I yield to the Senator gun safety legislation to end the vio- lando shooting was 1 of 43 shootings on from New Hampshire for a question lence. Sunday that resulted in 18 deaths, in- without losing my right to the floor. As we contemplate this legislation, cluding 5 children. Mrs. SHAHEEN. Mr. President, I let’s remember the photographs. We We can honor the Constitution, and thank my colleague from Connecticut. have all seen them on television and in we can honor the intent of our Found- I am here, like everyone else on the the newspapers. These are photographs ers, but I don’t think I am alone in be- floor, in the wake of horrific mass of so many wonderful young people— lieving that we can enact common- shootings, from Sandy to Orlando. this time from Orlando—who were sense, realistic gun safety laws that re- Americans have come together united killed by gun violence. The Orlando spect the Constitution and also protect as a family to grieve for the dead and shooting was both a crime of terror and the lives of Americans. comfort those left behind. But we a crime of hate, and now it is time for I have heard my colleagues say many haven’t come together to do anything us to honor those who died, honor our times that the government’s No. 1 re- to stop the next shooting, prevent the friends in the LGBT community who sponsibility is the safety and security next series of funerals, and prevent fu- are hurting, honor our friends in the of its citizens. Well, you have abdi- ture devastation. That is why I want to Latino community, and honor all of cated that part in this regard. thank Senators MURPHY and those Americans whom we lost to In the case of Orlando, those in the BLUMENTHAL, the Senators from Con- senseless gun violence. LGBT community have always had to necticut, and Senator BOOKER from To my friend from Connecticut, I live with the threat of violence hang- New Jersey, for leading us here today ask, isn’t the best way to honor all of ing. And 90 percent of the victims were to demand action. those people we lost to gun violence to Hispanic. This is a horrible reminder Let’s be clear. Tears are not enough act now to prevent future tragedies? that bigotry and hate are not dead and and expressions of outrage are not Mr. MURPHY. Mr. President, I thank that the forces of evil have no compul- enough. After Columbine, Virginia the Senator for her question. I think

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.063 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE S3926 CONGRESSIONAL RECORD — SENATE June 15, 2016 about the survivors. I think about the the family and friends of 49 victims, them from sharing crime data. Let’s parents of those who were lost in New- the entire LGBT community, the en- stop preventing ATF from requiring town, and I think about the additional tire Latino community. These were 49 gun stores to conduct inventory and re- layer of grief we intentionally place happy people dancing together, laugh- port any guns that have been lost or upon their shoulders by our inaction. ing, celebrating who they are, in the stolen, and let’s stop blocking the ATF There is some solace—a small measure middle of Pride Month, in a club that from preventing the dumping of non- of solace—in knowing that the people has always been a safe haven for them. sporting weapons into the American for whom you voted to run your coun- But, once again, an evil and hateful market from abroad. Let’s finally try care so deeply about your dead person, a citizen of this country who crack down on gun trafficking and child that they are going to do some- was angry, hateful, and radicalized, straw purchasing. These are all meas- thing about it, but there is a next level was allowed by this Congress to have ures the American people strongly sup- of grief when you realize they don’t ac- easy access to a deadly weapon of war. port. tually care enough to even have a de- Let’s be very clear about the kind of My State of New York suffers deeply bate to protect other children like weapon this man used. The weapon is from gun violence. Our biggest problem them. an AR–15. It was not designed to hunt is the amount of illegal weapons that This is our choice, I say to Senator deer. It was not designed for target flow into our State every single day SHAHEEN. practice. It was designed to kill large from other States. The amount of And my friend is very articulate in numbers of people quickly, at war. This guns—90 percent—used in crimes come her challenge to us. I hope we respond is not a weapon used in hunting. from out of State, and 85 percent of to it. Why are we allowing private citizens them are illegal. These are weapons lit- Mr. President, I yield to the Senator to have access—such easy access—to erally sold out of the back of a truck from New York for a question without these weapons of war? from someone in another State to a losing my right to the floor. Something has to change. No one gang member. And how many innocent Mrs. GILLIBRAND. Mr. President, I outside of our military, which is lives do we have to lose because a stray rise to join my colleagues in ques- trained to use these weapons, needs to bullet hits them while they are out tioning why this body, after so many have access to a weapon that can fire with friends? It is unconscionable that horrific tragedies over the years, still hundreds of bullets in a minute—hun- this Congress stands and does nothing. refuses to pass laws that would make dreds of bullets in a minute. I thank my friend from Connecticut us safer from massacres like what hap- The only people with the power to for yielding the floor, and I will ask pened in Orlando. change this are the men and women him this final question: What do you I thank my colleague from Con- who serve in this Chamber—who serve propose we should do to protect Ameri- necticut for leading this charge on the in the Senate and House of Representa- cans from this type of senseless vio- Senate floor. He knows too well what it tives. Is this slaughter not a wake-up lence? What should we do now as Sen- is like to have his State fall victim to call? Is it not enough to convince us to ators and as Members of this body? a mass murder. He knows what it is act? Where is our spine? Mr. MURPHY. I thank the Senator like to have happy, innocent lives cut The gun industry is a rich and power- for her passion. It is not a coincidence short by gun violence. The massacre at ful lobby in this country, but we that sitting in this front row, in this the elementary school in Newtown weren’t elected to protect the gun in- section of the Senate, are three parents took place more than 3 years ago, but dustry’s profits. We were elected to of young kids. We are friends, but we are also involved in a common cause, it still feels like it was yesterday. protect America and its safety. and maybe we bring a little bit more of Sweet, smiling children were slaugh- We have to make it harder for hate- our gut to this question of what we do tered by someone so evil and so hateful ful, angry, violent people to get their to protect children and adults because and who was allowed to have easy ac- hands on a weapon—a weapon of war we think of our own children and we cess to an assault weapon, a weapon of that is designed to kill as many people think of how at risk they are. war. as possible as quickly as possible. The To Senator GILLIBRAND through the only way we change it—the only way— It happened again last year in Chair, we have proposed two simple is if Congress fulfills its responsibility Charleston. Churchgoers who were measures to begin with. Let’s bring to to protect the American people and praying were slaughtered by someone the floor a background checks bill that passes new laws that keep us safe. so evil and hateful and who was al- expands background checks to gun The people of Orlando, San lowed to have easy access to a deadly, shows and Internet sales where the ma- Bernardino, Charleston, Newtown, New powerful weapon. jority or the lion’s share of sales have York—the entire Nation—none of them It happened again in San Bernardino. migrated to, and let’s make sure the should have to go through their daily Colleagues were in an office and cele- terrorists can’t buy guns; those that brating at the end of the year. They lives in fear of violence, in fear that an are on the terrorist watch list and no- were slaughtered by two people so evil angry, radicalized citizen can buy and fly list. Let’s start there. and hateful and who were allowed to use a weapon of war against innocent If we could get an agreement to bring have easy access to an assault weapon, Americans. those two pieces before the Senate in a a weapon of war. We already have bipartisan reforms bipartisan way, then we would gladly The list goes on and on. that are ready to go that are over- pack up our stuff and go home, but we After all of these mass shootings, whelmingly supported by the American need to have bipartisan consensus on Congress must do something, right? people—obviously, background checks those two votes to move forward and They must respond, right? No. Why that are more effective so would-be ter- that is our hope and that is the reason didn’t the Congress do anything? Why rorists could not buy a weapon of war. we are holding the floor here today. do they stand silent? Why do they not They won’t be able to do that. The With that, I yield to the Senator look those parents in the eye and say: American people support that. from Missouri, a great leader on this This will not happen again. Let’s stop allowing would-be mur- issue, for a question without losing my After all of these mass shootings, in derers to legally buy weapons of war right to the floor. each and every case, someone with no like the AR–15 without scrutiny. Let’s Mrs. MCCASKILL. I wish to read out business handling a powerful deadly lift our irrational hold on the CDC and loud verbatim a voice mail that was weapon has had easy access to that allow them to actually study the issue left on my office phone this morning. I weapon and used it to kill people of gun deaths the way we are allowed wish I could play it because if my col- quickly, and now we have a new trag- to study any other cause of death in leagues hear the voice, they will under- edy to add to this book. this country. The American people sup- stand more completely why I believe Like all of my colleagues here, I was port this as well. Let’s stop the people this particular voice mail was compel- devastated when I heard about the at- who have been deemed too dangerous ling: tack this past weekend in Orlando, and to fly an airplane from being allowed I am 14 years old from St. Louis, 63011, and my heart goes out to everyone who was to buy guns. Let’s stop tying the hands I’ve been really looking a lot into the Or- affected by this awful, hateful crime— of law enforcement and preventing lando shootings and just really gun control

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.064 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE June 15, 2016 CONGRESSIONAL RECORD — SENATE S3927 in general, and I was kind of thinking, and I Before I ask a question of Senator so long as you pair it with an expan- thought, like, I’ll be a freshman this year, MURPHY, I wish to cover one more sub- sion of background checks to make and I want to go to high school, and I want ject that is really bugging me as a sure they are seeing these purchases to drive a car, and I want to go to prom, and former prosecutor; that is, the argu- wherever they take place. That is why I want to graduate high school, and I want to ment that has been presented: Well, we go to college, and I want to graduate college, we have asked for this body to move and I want to get a job, and I want to get don’t want to put—we want to make forward on both of those pieces of legis- married, and I want to have kids. sure we don’t somehow let the terror- lation, because we cannot ask the FBI But since Missouri voted that those on ter- ists know that we are investigating to protect this Nation from terrorist rorist watch list can purchase guns, I’m them, so if we put them on a list and attacks if we don’t give them the tools scared that I won’t be able to do those they can’t get a gun and they go to buy to keep firearms from those who things. a gun, then all of a sudden this ter- threaten us. And I know that I’m young and I don’t rorist is going to know we are on to Before turning the floor over to the really know what plays into your job at all, them. Senator from Virginia, let me under- and I don’t know all the arguments and all That is such hogwash, and let me ex- the factors, but at this point I’m just really score the last point Senator MCCASKILL scared and people are dying and I think plain why. We have a no-fly list. We made. There is no other country in the something needs to change. have other kinds of lists in this coun- world in which this happens. The rate And so, whatever that may take, please try. If the FBI is investigating, they of gun violence in this country is 20 just take my feelings into consideration and have the discretion in this bill to re- times higher than the combined rates I would really, really, appreciate it. So, move someone from that list for pur- of the 22 countries that are our peers in thank you so much. Bye. poses that would support pursuing that wealth and population—20 times high- A little 14-year-old girl from St. individual without his knowing that he er. More people died in this country in Louis. was ever on the list. So all they would the first 15 years of this century than Now, she is a little confused about have to do is if they are about to get died in all of the wars in the last cen- who has decided that people on the ter- intelligence or they think they are tury combined. That is unique to the rorist watch list can buy guns. It is, in about to get intelligence or they think United States. Shame on us if we don’t fact, the U.S. Senate that made the de- they are about to be able to uncover a recognize that and do something about cision in December on a vote that has larger plot or even if they think they it. been recounted over and over again, ba- are about to arrest the terrorist in In the days after Sandy Hook, the sically a party-line vote that we were question, they are absolutely on top of Senator from Virginia was one of the not going to take the commonsense it, they can easily remove the name first to stand up intentionally to the step of saying that if the most trusted from the list and continue to pursue national media and say that something law enforcement professionals in the that individual, track that individual, had to change. He was one of the early world—the most professional and high- and make sure that whatever gun they signals that this Nation has woken up ly trained—have put an individual on might purchase is never used. in the wake of Sandy Hook. I am glad This bill, when it comes to the ter- the terrorist watch list, that we should to yield to him for a question without rorist watch list, gives the FBI that not let them buy guns in this country. losing my right to the floor. discretion. There is not going to be a Pretty common sense, and a 14-year- Mr. WARNER. Mr. President, I appre- terrorist that gets the heads-up that is old knows it, and she is scared. ciate my colleague, the Senator from all of a sudden going to send them into One of the pieces of legislation that Connecticut, yielding for a question. Senator MURPHY is asking for bipar- hiding or send them, unfortunately— I am proud to join so many Members unless we pass the bill—to the Internet tisan support for is the one that closes of the Senate. I want to echo the com- or to the nearest gun show. the gun show loophole and the online ments of the Senator from Missouri, It amazes me the kind of trust that I loophole when it comes to background her comments about getting the same checks. What are we afraid of? What hear mouthed about law enforcement on the other side of the aisle. Yet they kind of calls, notes, and questions. are we afraid of with a background I want to acknowledge as well that are not willing to trust the FBI with check? Why should we have massive there have been Members of the House the serious decision as to whether an categories of gun purchases in this from Virginia and Louisiana who have individual belongs on a terrorist watch country without a background check? come to show solidarity in the effort list, and they are not willing to trust Why do we require a background check the FBI as to whether they do what being led so eloquently from mostly for a small business that is selling guns they need to do to continue to pursue the Senator from Connecticut and the but we don’t for somebody who wants an investigation and arrest as it re- Senator from New Jersey. to operate online? And we know for a I think we are all trying to wrap our lates to this list. fact that there has been terrorist mes- I think this is a gut-check moment heads around the fact that a single saging sent to people in this country: for this country. If you look at the lone gunman was able to extinguish You can weaponize yourself at gun graph of where we lie with how many the lives of 49 Americans in a gay shows with some pretty heavy artil- mass shootings we have compared to nightclub in Orlando. Before we get to lery. all the other developed nations in the this legislation, I think we also have to We are, in fact, pointed out in the world, some of which have lax gun laws acknowledge that this was a crime of rest of the world as the place where it like we do—maybe not quite to the ex- hate—a crime of hate that unfortu- is easiest, with no questions asked, to tent that we do—we are way, way an nately targeted the Latino community obtain weapons that can kill and outlier. That is not what we want to be and in particular the LGBT commu- slaughter dozens and dozens of people an outlier on in the United States of nity. And as the LGBT community in mere seconds. America—mass shootings. I think the grieves nationwide, we need to make Why is this so hard? Where is the in- American people are rising up and are clear that the long fight for equality visible hand that is stopping this? I saying enough is enough. includes not only marriage equality don’t want to be cynical about it. Is it I ask the Senator from Connecticut if but equal protection in terms of public the NRA? Is it the NRA that is single- he agrees that the legislation that safety and living in safety. handedly stopping this? Is everyone so would restrict the ability of an identi- The Senator from Connecticut has afraid of the NRA? Why are they so fied terrorist to buy guns in this coun- made some comments about the num- afraid of the NRA? Do they not have try contains the discretion necessary ber of deaths that take place in our faith in their constituents, that their for the FBI to continue to protect country each year from gun violence— constituents are right about this, be- America and continue to pursue inves- 30,000 a year. I think about, just as the cause there is no question the majority tigations and continue to pursue ar- Senator from Connecticut acknowl- of constituents in this country want rests and intelligence because of the edged in the aftermath of Newtown background checks, and the majority discretion we have given the FBI in how I rethought some of my positions of constituents in this country want us that piece of legislation? on some of these issues. We all have to to not sell guns to people on the ter- Mr. MURPHY. I thank the Senator take a fresh look at the challenges our rorist watch list. for the question, and the answer is yes, country faces in providing a reasonable

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.065 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE S3928 CONGRESSIONAL RECORD — SENATE June 15, 2016 framework of gun legislation that pro- two of the most basic proposals, two of I look at this, first of all, and I look tects the rights as well of law-abiding the proposals that have bipartisan at the Senator from Connecticut and gun owners. broad appeal. think of the people from his own State, One of the things that troubles me is I would ask the Senator from Con- whom he knows so well, the parents of I think virtually every Member of this necticut, with the overwhelming public those young, little children who were body has probably stated or tweeted support that Americans express for killed at Sandy Hook. out their thoughts and prayers for the this type of commonsense legislation I remember them coming to my of- victims in Orlando. What I think I am and with, unfortunately, the some- fice the day the background check bill hearing from the media, from those times low regard this body is held, does went down. They came to my office, victims, and from Virginians across the the Senator believe that if we took and a number of us were telling them board, is they want to see more than these actions and passed them, not that it was going to go down, that we thoughts and prayers; they actually only could we send a strong signal of didn’t have enough votes to pass this want to see us act. making America safer, but we could commonsense measure for background There are a whole host of different once again show we will uphold our checks. What I was struck by was that proposals we could look at to try to constitutional duties? they knew that particular measure deal with gun violence. I believe the Mr. MURPHY. I thank the Senator wouldn’t save their babies, but they Senator from Connecticut has picked from Virginia for his question. I think were there because they had come to two that are frankly the most reason- that is the essence of this debate, why the conclusion that this was the best able, with the most common ground we are on the floor today and why we way to save other children, to save that we should take on. are lodging this protest. If you look at other people from dying. And as they Like the Senator from Connecticut, I why the ratings of Congress are so low, told me their stories—one of them told know the scourge of having a mass it is because of the challenges we are me the story of how their young son, murder take place in your State. Until ignoring. People are upset that we are who was autistic, who went to school this terrible tragedy in Orlando, the fighting and bickering all the time, but that day had looked up at the refrig- deadliest mass shooting was at Vir- they are also deeply upset that there erator and pointed to the picture of his ginia Tech in the Commonwealth of are these epidemics and public safety health aide. It was someone who was Virginia, where 32 lives were taken. I crises and we are doing nothing. with him all the time. He could barely know how that community grieves, I think our ability to respond to this speak, but he pointed up at that pic- how Newtown grieves, how Aurora in a bipartisan way to reflect the sup- ture in the morning. So as she sat in grieves, how Charleston grieves, and port of 98 percent of the American pub- that firehouse with the other parents now how Orlando is grieving. Quite lic is about saving lives but also about waiting and waiting to see if her child honestly, day in and day out, how fulfilling our constitutional responsi- would come back, it became very clear many other communities are affected bility. Why did we sign up for this job? that some children were never coming by this scourge of gun violence? Why did we decide to be a U.S. Senator back, and hers was one of them. When As a member of the Senate Intel- if we were going to ignore this epi- they found that little boy, he was in ligence Committee, I know the chal- demic of slaughter in this Nation? the arms of that health aide whom he lenges we face every day in dealing There is nobody who disagrees with the loved so much, and they were both shot with the threat of violent terrorists de- fact that this is a major problem. It is and they were both killed. termined to do our Nation harm. But if in the headlines in the papers on al- As she told me that story, I thought, we are going to talk about taking on most a weekly basis. Why become a these parents are so courageous that terrorism—which we need to have a Senator if you are going to ignore this? they are coming today to try to advo- united effort on—shouldn’t we take I thank the Senator from Virginia for cate for something that they knew— this reasonable step of abiding by the his remarks and the question. they had come to grips with the fact judgment of law enforcement and say- I will yield to the Senator from Min- that they wanted more, but they knew ing: If you end up on a terrorist watch nesota for a question without losing the background check measure was the list, you should not be able to purchase my right to the floor. She has been best they could do to save lives at that a firearm. such a leader in general on this issue moment. They knew the background We have seen in recent days statis- focusing on protecting victims of do- check measure would especially help in tics that show that more than 90 per- mestic violence. This hopefully will cases of domestic violence and suicide cent of known or suspected terrorists lead to one of the breakthroughs we because they knew the statistics that who attempted to buy weapons since are seeking in the context of this de- in those States that had passed such 2004 have passed a background check bate. measures, they had seen improvements and then have been able to purchase a I yield to the Senator from Min- in the numbers for those kinds of firearm. To me, that is an internal con- nesota for her question. deaths, so they were advocating for it. tradiction that, by taking action this Ms. KLOBUCHAR. Mr. President, I That was why they were there. Yet this week, we can turn around. If you are ask if the Senator from Connecticut body didn’t have the courage those par- too dangerous to get on an airplane, will yield for a question without yield- ents had to be there that day, to pass aren’t you too dangerous to be allowed ing the floor? that measure. to purchase a firearm? Mr. MURPHY. I will yield to the Sen- So here we are today. We are looking The second solution my friend the ator from Minnesota for a question. at, first of all, a dangerous loophole Senator from Connecticut has put for- Ms. KLOBUCHAR. I thank the Sen- that allows terrorists to buy firearms ward is to take up and pass the bipar- ator from Connecticut for his work, here in the United States. In Min- tisan proposal, which has the over- along with the Senator from New Jer- nesota we have a little experience with whelming support of the general pub- sey, Mr. BOOKER, Senator BLUMENTHAL, this. We were the State that, before lic, to increase background checks. and many others, in bringing people to- 9/11, some citizens—flight instructors Ninety percent of the public supports gether today to call for commonsense were able to detect something was this effort. Over 70 percent of gun own- action to make our communities safer. wrong with a man who cared about fly- ers support this effort. Why? Because I know Senator MANCHIN was here ear- ing—Moussaoui—but not about land- we know background checks work. lier. He has been such a leader on the ing. So they turned him in, and no one Since 1994, 2.6 million people, by either bipartisan bill with Senator TOOMEY was ever able to connect the dots, but evidence of criminal backgrounds or about criminal background checks. there he was in a jail in Minnesota. mental illnesses, have been prevented I extend my heartfelt condolences to I know a little bit about this as a from purchasing firearms. all the families of those who were mas- former prosecutor, and I know a little There are a host of other proposals sacred in Orlando and also those who bit about this because of the cases we that I know the Senator from Con- lie injured—some very seriously, some have had in our State. We had dozens necticut has put on his agenda, but critically injured—in hospital beds in of indictments against people who had what I want to do is thank the Senator Orlando today. My prayers are with the been trying to go join Al-Shabaab in from Connecticut for putting forward victims and their families. Somalia or the terrorist group ISIS.

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.067 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE June 15, 2016 CONGRESSIONAL RECORD — SENATE S3929 We had three convictions in U.S. Fed- how you look at their ability to go in Mr. MURPHY. I yield to the Senator eral court in just the last week. We and buy a gun if they have committed from Maryland for a question without know about this in our State and how an act of domestic violence. losing my right to the floor. close it hits to home. We love our Mus- The second piece of this bill is about Ms. MIKULSKI. First, joining you as lim communities in our State. They stalking. If someone is convicted of a a social worker, my question is, Is the are part of the fabric of life. We have a stalking crime, they shouldn’t be able Senator from Minnesota, with her vast big Somali community in the country. to go in and buy a gun. experience as an attorney general as But we also know that we need to keep When I look at these types of com- well as her advocacy here in the Sen- our communities safe. By working with monsense measures, I always think ate—— our communities, we have been able to about my Uncle Dick. He loved to The PRESIDING OFFICER (Mr. LEE). bring these kinds of prosecutions. hunt, and he always would hunt deer. The question must be directed to the When it is that close, you know you And I have to think to myself, would Senator from Connecticut. Ms. MIKULSKI. To the Senator from don’t want people who are on the terror closing off the loophole in the terrorist Connecticut, most of the victims of watch list to get guns. watch list hurt my Uncle Dick in his guns in domestic violence are law en- Incredibly, current U.S. law does not deer stand? Not at all. Would putting forcement officials responding to aid a prevent individuals who are on the ter- the background check bills in place domestic violence victim. In my own ror watch list from purchasing guns. A across the country hurt my Uncle Dick total of 2,233 people on a watch list State there have been wonderful men in his deer stand? Not at all. Would in blue who came to a home to rescue tried to buy guns in our country be- closing these loopholes on stalking and tween 2004 and 2014, and nearly 2,000— someone who was being held or some- on dating partners in any way hurt my thing by their spouse—often off their or 91 percent—of them cleared a back- Uncle Dick in his deer stand because ground check, according to the Govern- meds. When the police officer re- our State loves hunting? We are a big sponded because it was domestic vio- ment Accountability Office. hunting State, so I always have to do a I am a cosponsor of Senator FEIN- lence—not responding as if it were an gut check when I look at these bills. active scene—he was also killed. Has STEIN’s bill to close this loophole. Dur- To the Senator from Connecticut, I ing last year’s budget debate, I joined that been the Senator’s observation? would like you to answer that ques- Mr. MURPHY. I thank the Senator, 25 of my Senate colleagues, including tion. Of these commonsense bills that the ranking member of the Appropria- my colleague from Connecticut, in of- we have been talking about today, tions Committee, for the question. fering an amendment that also would which could save hundreds if not thou- That certainly is a big part of this have stopped these dangerous individ- sands of lives, do you think they would story line, this toxic mixture of guns uals from buying firearms and explo- in any way hurt those who are law- and restraining orders. It puts every- sives. abiding citizens in our States and one in jeopardy. It puts the individual The background check bill—we know every State in this Nation that value who lodged the restraining order in that this helps. That is why two—at their guns and value hunting? jeopardy, and it puts the law enforce- the time—A-rated NRA Senators, Mr. Mr. MURPHY. I thank the Senator ment officers who get in the middle of MANCHIN and Mr. TOOMEY, joined to- for that question. You just have to that conflict in jeopardy. It is hard gether to try to put forward some com- look to the data for the answer. We enough for law enforcement officers to monsense legislation. Sadly, sadly, have had pretty robust survey data on try to enforce a restraining order. This that bill did not pass, and I believe we the question of support for expanding is a spouse who is angry and who often should bring that bill up again for a background checks or support for deny- is at the peak of their fury. When you vote. ing access to guns for people on the no- add a gun to that mix, everyone’s life The third piece of legislation that I fly list. It is universal. Everyone wants is in danger. I thank the Senator. think is possible to pass, as I look at these changes. Republicans want them; I yield to the Senator from Ohio for what has bipartisan support and what Democrats want them. Non-gun owners a question without losing my right to could make the biggest difference, is a want them; gun owners want them. The the floor. bipartisan bill with Senator KIRK. vast number majority of NRA members Mr. BROWN. To my friend from Con- There is a House bill, as well, and that support the bipartisan provisions that necticut, thank you. I so admire that bill focuses on victims of stalking, vic- we are proposing for bipartisan action when you came to the Senate, it was tims of domestic violence. today. right after perhaps the most tragic 2 As we look at some commonsense hours in our Nation’s recent existence measures, we know that not one bill is I would suggest the same thing is true for protecting victims of domestic with what happened to those kids— going to fix all these cases. Not one bill those young children in your congres- is going to make the difference in violence. This has nothing to do with being a Republican or a Democratic sional district. every case, but combined they make a I say to Senator MURPHY, how do we gun owner or a non-gun owner. When major difference. go home—I just hear this—I watched you tell people that somebody who has My question for the Senator from what happened at Sandy Hook, I a restraining order lodged against Connecticut is about an area where I watched what happened in Colorado, them shouldn’t get a gun, everybody believe we should be able to find con- and I watched what happened in Cali- nods their head. sensus, and that is also in addition to fornia. Now we see what happened in the important closure of the loophole I thank Senator KLOBUCHAR for being Orlando to those 49 mostly young men in the terrorist watch list for people such a leader on that particular issue and women, mostly of Hispanic de- buying guns, the background check because it is one in this basket of scent—mostly gay, we think—what bill—that is this domestic violence changes we are requesting that is con- happened to them. area. Studies have shown that more troversial only here. It is controversial How do we go home and face people than three women per day lose their only in Washington, DC, and in the po- when this body fails year after year lives at the hands of their partners, litical arenas of this country. It is not after year to do the right thing? I ad- and more than half of those killed are really controversial out in the broader mire so much what Senator MURPHY shot by their partners with a gun. American public. did when he came here and just got in There is a simple bill that would first I thank the Senator. the face of so many Members of the make sure that dating partners—the Ms. KLOBUCHAR. I thank the Sen- Senate and said: You have to do the same rule that applies to those who are ator for that. I also want to note for right thing. married would apply to dating part- the Members of the House here that My question for Senator MURPHY is, ners. Even the Republican witnesses at Congresswoman DINGELL is the leader How do we go home, look people in the our hearing with Senator LEAHY and of that bill on domestic violence in the eye, and say we failed again? Senator GRASSLEY embraced this por- House, so we have two bipartisan bills I think this body should stay in ses- tion of the bill. If people are dating in both Chambers. sion until we do a number of things, partners as opposed to married, it Ms. MIKULSKI. Will the Senator from confirming a Supreme Court Jus- should make no difference in terms of from Minnesota yield for a question? tice, to taking care of the

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I got a letter today or yesterday from Many of us are still hopeful that gun How do we possibly look people in a man in Toledo: owners who are members of the NRA the eye and answer that question? I am a gay man living in Toledo, OH, and support what we are talking about Mr. MURPHY. I thank the Senator I have never been to a gay pride event. This today, right? The polls tell you that for a question that is unanswerable. year was going to be my year, and I am NRA members support background scared. The answer is we cannot. checks to cover more sales and stop As you know, there is a very real, Just as you talked about, the fear—I people on the no-fly list from getting palpable fear out there today. There is don’t live in fear, but when I hear a guns. We hope they might prevail upon no way to look at what happened in gunshot and I hear sirens in my neigh- their association to be more construc- San Bernardino, to look at what hap- borhood—or not that far away from my tive. pened in Orlando, and not be scared. direct neighborhood—I have grand- I yield for another question. Yes, it is an attack that is designed to children, and I have not heard those Mr. BROWN. May I ask one more elicit a fear that is disproportional to gunshots and police sirens when my question and then I will turn it back to daughters or grandchildren have been the actual threat; that is what ter- Senator STABENOW, who I know has there, but you think about that. rorism is. But people’s fear is elevated some questions for Senator MURPHY. I when they don’t see us taking action. The question is, Why is it harder to obtain a driver’s license than it is to want to share a letter I received from Earlier today I think Senator CASEY a woman in Columbus: made this point. He said: Can you buy a gun? Why do we not have the po- litical courage to pass reasonable laws? I’m devastated by the events this weekend imagine doing nothing after September in Orlando. Frankly, I have had to person- 11? Can you imagine if our response I have been in public office a long time, and I have seen so many of my ally be retriggered with every mass shooting after that tragedy was to just do noth- that’s occurred in the past three years. colleagues, mostly Republicans, just ing, to just move on to the next piece My tragedy occurred 3 years ago this July. cower when the NRA calls or cower of legislation as if it didn’t occur? That The love of my life, best friend and man I when they think about the whole idea was 3,000 people whose lives were was going to marry was murdered. . . . He of passing gun laws. taken. There are 30,000 people a year was shot to death by a prior felon—with a Yesterday a reporter told me that gun. who are killed by guns. If you add up Republican Senators will not talk to It can happen to anyone, anywhere, at any- those who have been killed in mass her right now about any issue because time, for any reason. shootings, the numbers approach that they are afraid they might ask about Change is needed now. We can’t keep wait- of September 11. the NRA and the campaign dollars they ing. . . . Please do something. Anything. So this is a moment in which I think Saving one person from feeling the hell I’ve have gotten from the NRA. felt these past three years is worth it. My it is impossible for us to go back home What is it? Fundamentally, why is it and once again say that we haven’t heart hurts for the loved ones affected by harder to obtain a driver’s license than this weekend, because I know this pain. done anything. I guess that is the rea- it is to buy a gun? son we are here. I know it is uncom- Mr. MURPHY. I thank the Senator I guess this is just a question, and fortable to stop the CJS process, to for the question. I just want to ac- maybe there is no answer. But why, force and ask staff to stay beyond reg- knowledge we have had a number of when so many in our country have felt ular hours. House Members come to the floor of this pain—certainly, the pain is felt For many of us—and I think Senator the Senate today to support our effort. more among poorer people and people BROWN is amongst this group—we just Congressman RICHMOND, a good of color because they have been the couldn’t pretend this was business as friend of mine and of Senator BOOKER, victims far too often and, in the great usual again. We couldn’t go through who has just witnessed the ongoing majority of cases, are totally innocent, another one of these shootings—this slaughter in New Orleans—unabated and far too many of them are children, one the worst in history of this coun- because of inaction from this Con- whether it is Sandy Hook or a random try—and just go back to our regular gress—has joined us. I have seen a shooting in Cleveland or Newark or business. That is why we are here number of other Members from the Hartford or Detroit or New Haven. today, to suggest that this time it has House join us as well. I thank them and What do I tell this woman from Cin- to be different. I thank in particular my friend Rep- cinnati or from Columbus who says to I yield for a question. resentative RICHMOND for being here. me: Can’t you do something? Why Mr. BROWN. Through the Chair, if I think that is a great question, Sen- should more people have the pain she my friend from Connecticut will yield ator BROWN, especially in the context has felt? again, I was in a meeting yesterday of the history of the NRA’s advocacy in Mr. MURPHY. I thank Senator with a group of Democratic Senators. I this body. BROWN. I think the answer is we have heard two of the youngest and most It used to be that the NRA actually to look at ourselves sometimes, and impressive Members of our caucus, supported expanding background ask: Have we fought as hard as we pos- Senator BOOKER and Senator MURPHY, checks. In the wake of the Columbine sibly could to galvanize the American talk about the number of gun deaths in tragedy, it was the NRA that was argu- public around these changes? this country. ing to close the loopholes in our back- The reality is—and I said this earlier My wife and I live in the city of ground check system. So as a means of on the floor—that the small handful of Cleveland. We live in the ZIP Code in answering why we can’t get agree- individuals in this country who oppose Cleveland that in 2007 had more fore- ments, you have to ask yourself and these changes are calling our offices closures than any ZIP Code in the answer the question as to what has sometimes with more frequency than United States of America. We live in a happened to the gun lobby. the large majority of Americans who nice neighborhood of about 250 homes. The gun lobby used to come here. It support these changes, and they take Most of the rest of the neighborhood originated, of course, as just a gun cues from us. has suffered—some in our neighborhood safety organization. It morphed into So that is why we are here. We were and many outside that neighborhood— much more of an advocacy organiza- about to come back to the Senate and foreclosure after foreclosure and urban tion. But even as late as the Columbine just proceed with business as usual. As blight. Many nights we heard gunshots, massacre, they were still arguing for if Orlando didn’t happen, we were just and then we heard police sirens. changes in our laws to better protect going to start debating amendments to I know Senator BOOKER said—and I individuals. the Commerce-Justice-Science act. think my friend from Connecticut Today they are an absolutist organi- Those on the floor today—certainly, in heard him talk about what he sees in zation. Today they broker no com- particular myself, Senator BOOKER, and

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Additionally, a Detroit native was imagine in order to get this body on Now that is a tiny, tiny sacrifice. But also killed in the attack. He worked as record as trying to stop the carnage in at least it shows we are willing to put a mental health counselor, and he had this country. something behind the passion that let- won awards for his work in the LGBT I yield for a question. ter writer and many others have. community. Ms. STABENOW. I thank my col- So there are a variety of answers to We in Michigan have a long tradition league. I wonder if I might just ask your question, I say to Senator of enjoying hunting, fishing, and out- something, in addition to that. I under- BROWN—the strength of the gun lobby, door activities. I grew up in northern stand our distinguished leader on ap- the misunderstanding about the nature Michigan. My family is very involved propriations, Senator MIKULSKI, and of the Second Amendment, and the in hunting and legal and safe gun own- Senator NELSON as well, have an data that we have not done a good ership. But that is not what this debate amendment that would give law en- enough job of getting out there that is about. My family—my brothers, my forcement the resources necessary to talks about the efficacy of stronger son, my nieces and nephews—and oth- combat terrorism. We certainly came gun laws. But this exercise today on ers look at me and say: What is going from a very important briefing today, the floor is also a part of changing that on here? This is not about whether we and we are discussing how terrorism reality. can enjoy hunting or legal gun owner- certainly is an all-hands-on-deck oper- With that, I yield for a question, ship. My family is saying to me: Wait ation. But without adequate resources, without losing my right to the floor, to a minute; let me get this straight. other things may not receive the re- just a great champion on this issue, the There is a terror watch list where you sources they need as well, in terms of Senator from Michigan. can’t fly, but you can buy a gun. What law enforcement. Ms. STABENOW. Well, I thank the is that? They go into a gun shop, and I wonder if the Senator might just Senator, and I appreciate the junior they get a background check. But you talk about the importance of resources Senator from Connecticut for yielding can go to a gun show or on the Internet for law enforcement as well, and how it for a question. and not? is our job, in the context of this appro- So I ask my colleague, a great leader I first want to thank Senator MUR- priations bill, to make sure we are on this issue, because I think it is im- PHY and the senior Senator from Con- prioritizing the fighting of terrorism as portant now to explain a little more necticut, the Senator from New Jersey, well as gun violence. about these two things we want to ac- and so many others who have been on Mr. MURPHY. I thank Senator STA- complish: What are the two things we the floor. Our Democratic caucus is BENOW for the question. want to accomplish? In going through united in saying: Enough is enough. I We are asking the FBI to do more all of this—stopping the regular busi- am very grateful to our Senators from and more to protect us from an in- ness of the Senate and saying we have Connecticut and New Jersey who have creasingly complex array of threats, to act; we have to begin to address come to the floor to lead us in that and we are not giving them enough re- what we can do for these horrors—what stand of saying: Enough is enough. sources to do the job. The alternative are the two things we are asking for? So I do have a question, but let me that has been proposed to Senator Mr. MURPHY. I thank Senator STA- first indicate that when we look at this EINSTEIN BENOW because I think it is important F ’s legislation is laughable, in situation—whether it is Orlando or sometimes to reset the floor and talk that it would require the FBI and law Sandy Hook or Tucson or Columbine or about what we are asking for. They are enforcement to go to court every single on and on and on or every day on the pretty simple, they are bipartisan, and time they want to stop someone on the streets of our cities and communities they are noncontroversial outside of no-fly list from getting a weapon. It across the country—it is time to stop this body. wouldn’t be automatic. Instead, they just putting out statements. I don’t One, we want a version of the Fein- would have 3 days to scurry into a know about my colleagues on the floor, stein bill, which prohibits individuals court, file a motion to deny the weap- but I am sure they share with me this on the no-fly list from getting a gun to on, and have a hearing. sense of frustration of constantly hav- come before the Senate Floor for a First of all, there is no way all of ing to put out statements saying that vote. Second, in order to make that bill that could happen in 3 days, but it cer- our thoughts and prayers are with the effective, we want a version of the tainly can’t happen with the resources families, because, of course, our Manchin-Toomey compromise to ex- we provide them. So they do not have thoughts and prayers are with the fam- pand background checks to gun shows the resources they need right now in ilies, but our actions should be with and Internet sales to come before the order to protect us from these myriad the families. That is what we are here Senate for a vote. of threats that are posed from this de- today to focus on. It is not enough to Both of those measures are supported sire of ISIS and others to inspire lone- have words. They expect us to act and broadly by 80 to 90 percent of the wolf attacks. But the alternative to to make a difference. American public, and both are nec- the proposal we have proposed just is I am so grateful for so many Ameri- essary in order to protect Americans unworkable on its face, especially cans from all walks of life and all reli- from terrorist attack. Why? Because given the resources the FBI has. gions who have joined together. I am so we know last year 90 percent of individ- I yield for a question. proud of the powerful statements com- uals who were on the no-fly list and Ms. STABENOW. If I might just ing from the Muslim community, who tried to buy a gun were successful again clarify with the distinguished standing in partnership and friendship in buying one. The only reason 10 per- Senator, so we are all clear. Right now, with the LGBT community and the cent weren’t is because they were on an individual can be stopped from get- Jewish and Christian community at some other list of prohibited individ- ting on an airplane—— large, and all of those who have said: uals. So we know every year there are Mr. MURPHY. Right. Enough is enough. Hate crime, act of individuals on the no-fly list who are Ms. STABENOW. Because they are on terror—enough is enough. trying to buy guns and they are getting a terror watch list, but they can I want to lift up, before asking my them. We know, unfortunately, the in- choose, rather than getting on that question, two young people from Michi- dividual—the shooter—in Orlando was plane, to go buy a gun and go into a gan who were part of the horror 4 days at least for a period of time on those nightclub in Orlando and have carnage ago. A 25-year-old who had been living lists, and he went and bought a gun. and terrorism occur. in Saginaw, MI, was killed in the Or- In order to make it effective, you That is basically what is happening lando terrorist hate-crime attack. By also have to make sure you are cap- now and that Republican colleagues

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.071 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE S3932 CONGRESSIONAL RECORD — SENATE June 15, 2016 are saying should continue. Not that the trafficking of guns into our com- NRA has a vice-like grip on the U.S. they want the violence to continue but munities across our Nation. We need to Senate and the U.S. Congress. They they are not willing to act to stop peo- ban high-capacity magazine clips that will not let it go. They will not make ple from getting a gun who are on the turn guns into weapons of war. There is it possible for us to have a straight up- terrorist no-fly list. no reason for an ordinary American to or-down vote on whether this latter- Mr. MURPHY. That is correct. I am have this in our neighborhoods, on our day Mohamed Atta on a terror target still waiting for one of our Republican streets, or near our schools. We need list can buy a gun, buy an assault colleagues to come to the floor and background checks on all gun sales, in- weapon in the United States, whether suggest that the individuals on the no- cluding private sales and purchases this new Mohamed Atta, this new ter- fly list have their right to fly restored, made online and at gun shows. We need rorist group, can buy assault weapons because if you are so worried about the to crack down on straw purchasing. We at gun shows without any background wrong people being on that list, then need to ban gun sales on sites on the checks whatsoever and then use those you should come to the floor and pro- Internet like Facebook and Instagram. weapons to kill innocent American pose those individuals be able to get on Right now, anyone can do a search for citizens. How can the NRA align itself a plane. an AK–47 or AR–15 or even guns for sale with latter-day Mohamed Attas? With But no one is proposing that because on Instagram and find guns for sale. latter-day Tsarnaev brothers? How can they would be tarred and feathered by Could you be under 18? Yes. Could you the NRA do that? How can the Repub- their constituents if they were to pro- get a gun without a background check? lican Party align themselves with the pose individuals who have had intersec- Yes. We should not allow Instagram to NRA if that is their agenda? These are tion with terrorist groups be able to be used as ‘‘Instagun,’’ enabling the the votes we should be having. get on a plane at their local airport. sale and purchase of deadly weapons in It is very simple. If you cannot fly, Thus, it is hard to understand why possible violation of State and Federal you should not be allowed to buy a there is a belief that none of these peo- law. weapon in America. If you are a ter- ple should fly, but all of these people We can do something here. We don’t rorist and you are not permitted to fly should be able to buy assault weapons. have to do all of it this week, but the in our country, how can we have a sys- Ms. STABENOW. I think the Amer- least we should be able to do is what tem that allows you simultaneously to ican people are scratching their heads the Senator from Connecticut just out- buy an assault weapon that can kill at this moment. Hopefully, enough col- lined, two steps; one, if you are on a dozens of people or more? We know leagues on the other side of the aisle terrorist watch list, you can’t buy a what is at the top of the terrorist tar- will join us to close this incredible gun in the United States, and, two, you get list in our country. We know what loophole. can’t get around the background check they are trying to do. They try to bring Mr. MURPHY. I thank the Senator. if you go to a gun show or you go to down planes. They try to find ways in My friend from Massachusetts was so Instagram. You have to go through a which they can terrorize otherwise in- eloquent earlier on the floor, and I background check. Leave all the rest of nocent communities in our country to yield to Senator MARKEY for a question it off the table, banning assault weap- spread their terror, and we know where without losing my right to the floor. ons, all the rest of it. We will not do the Achilles heels are. We shut it down Mr. MARKEY. I thank the Senator, that. How about just debating and when it came to airlines. We can shut and again I ask my colleague: Why doing those two things, which over- it down here when it comes to the pur- won’t the Republicans allow for the de- whelmingly the American people want chase of weapons if you have already bate and a vote on whether or not indi- us to do. been identified as being on a terror tar- viduals on a terrorist target list should Now, back on September 11, 2001, get list, a watch list. The FBI is look- be able to get a gun anywhere in Amer- Mohamed Atta and nine others boarded ing at you, but you can still buy an as- ica? two planes at Logan Airport. They hi- sault weapon. It makes no sense. How The answer to that question has not jacked those planes using box cutters many times do we have to learn the been forthcoming from the Republican to kill the flight attendants, to kill the lesson until we finally act? Is this not Party because the NRA, or the Na- pilots. We do not allow box cutters into enough? Is what happened in Orlando tional Rifle Association, does not have the passenger section of a plane any not enough—49 people dead, gay, 44 out a good answer to it, except that they longer. We don’t allow knives in the of 49 names Latino, a hate crime, a ter- do not want any exceptions to the rule passenger section of planes any longer. ror attack, all of it. Do we really need that anybody should be able to buy a But believe it or not, we actually had a more? Do we need another and another gun at any time, even if they are on a debate at the time as to whether every and another? Because we know the day terrorist target list in the United bag that goes onto a passenger plane is coming when this law is going to States. should be screened. We had a debate change. The test of us is that we do it So that is going to be our big chal- that lasted for 4 years as to whether before more innocent lives are lost; lenge out here. What are the limits to the cargo, which goes into the bottom that we have these two bills that Sen- the power of the National Rifle Asso- of a plane, should be screened—4 years. ator MURPHY referred to brought out ciation over the Republican Party; and, The cargo industry did not want it. The here onto the floor; that we block this as a result, over the United States Sen- airline industry said it would be too open door for terrorists to be able to ate? Because the American people much of an inconvenience. Who in kill in our country, to be able to pur- don’t think we have to accept this epi- America wanted to fly on a plane that chase these weapons of mass destruc- demic of gun violence in our country. had cargo underneath their feet that tion that kill at a level that is almost The American people do not believe it had not been screened after 9/11, after unimaginable. is preordained. They believe it is pre- Mohamed Atta? Well, we finally won Once again, I thank my friend, and I ventable. that issue, and everyone accepts the ask the question of the Republican Every week, 56 children die from gun wisdom of ensuring that screening leadership: Why can’t we have this de- violence. That is nearly three Newtown takes place on every single passenger bate? Why can’t we have these votes? massacres every single week. Thirty flight in America because otherwise Now, I know the answer. It is that the thousand Americans shot and killed that is where the new Mohamed Atta NRA—the National Rifle Association— each year is not inevitable. It is unac- would find the aperture to create a dis- does not want those votes, but our job ceptable, and it is immoral. aster in the air. They are smart people. as elected officials is to ensure that We cannot wait any longer to put They are cunning people. They are try- NRA stands for ‘‘not relevant any- these commonsense gun laws on the ing to find the opening. They are try- more’’ in American politics after Or- books. We cannot wait any longer to ing to find the weakness. They are try- lando, after this massacre. That is our make our streets safer. ing to find the Achilles heel in our sys- historic challenge out here today. I believe assault weapons belong in tem so they can kill Americans. I thank the Senator from Con- combat, not in our communities. We That is what is happening here. necticut, the Senator from New Jersey, need a ban on these military-styled as- There is another Achilles heel, and the colleague of the Senator from Con- sault weapons. We need to eliminate that Achilles heel is the fact that the necticut, Senator BLUMENTHAL, and for

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Did we really try to put a ban on ber continues to drop, and drop dra- acies of the people who have lost their the purchase of these weapons by these matically, is because ISIS is on the lives to gun violence and the families terrorist list people in our own coun- run. ISIS early on was thought of as a who are there to remember them. try? That is going to be the test for us. winning team. No more. They are being I remember so profoundly the mas- We can’t fight the battles over in Alep- regarded, I think appropriately, as a sacre at Newtown. Senator MURPHY po, we can’t fight the battles over in losing team. brought photographs of all of the vic- Fallujah, but we can fight this battle I asked the question of the Secretary tims and their families and told their here on the streets of America. We of Homeland Security: Is it true that stories at length on this Senate floor. know what has to be done. This body since 9/11 every American who has died As weeks and months persisted here just has to have the courage to say to in this country at the hands of a in the U.S. Senate and no action was the NRA: No, it is too much. Our coun- jihadist terrorist—have they died at taken to do commonsense things to try is bleeding. Families are hurting. the hands of someone from another make access to these weapons more We don’t want to see it happen again. country who has somehow slipped in difficult, the Senator from Connecticut This is going to be the challenge of this secretly or covertly? The answer is, started coming to the floor and talking week and next week and every week every person who has died in this coun- about some of the people we don’t read until we have these votes and until we try since 9/11—an American citizen— about because the media doesn’t rush close these loopholes. has been killed by someone who is a to the scene when somebody dies in a Again, I thank the Senator from Con- U.S. citizen or someone who is a legal drive-by shooting or in a place that necticut for conducting this very im- resident here. doesn’t garner the attention and the The Secretary of Homeland Security portant discussion. spotlight the way the massacre and Mr. MURPHY. I thank the Senator is pleading with us to give his Depart- tragedy in Orlando has. for his remarks. I thank him for his ment the ability to create countervio- I thank the Senator from Con- lent extremism capability within the necticut for his perseverance, and I am focus on assault weapons. We are asking for two different pro- Department to improve it. That would so proud to join him this afternoon in posals to come before the Senate, not enable us to establish partnerships this insistence for action. I am in such one on banning assault weapons, but it with the Muslim communities, faith strong agreement with the Senator remains a passion of many of us. One of organizations, and other organizations from Connecticut about the need to the most gruesome facts from the New- to be able to reach out to work with close what we call the terror gap and them to reduce the likelihood that strengthen our background check laws town killings is that there were 20 kids folks who are already here and could be because what we have seen over the who were shot with that weapon, and radicalized will not be radicalized. last weeks and certainly on Sunday in not one of them survived. All 20 of I appreciate the chance to share a the early morning is the nexus of hate them died. That speaks to the epic, couple of those takeaways from what I and terror and easy access to weapons life-ending power of an exceptional thought was a very important briefing. of war by people who should not have weapon. I again say thank you to the Senator them. I yield to the ranking member of the from Wisconsin for allowing me to slip I can’t tell you how many times I Homeland Security Committee, the in at this point in the discussion. have penned the words ‘‘You are in my Senator from Delaware, for a question Mr. MURPHY. I thank the Senator thoughts and prayers’’ and spoken the without losing my right to the floor. from Delaware who, earlier on the words ‘‘You are in my heart, in my Mr. CARPER. I thank my colleague floor, talked about this notion that thoughts, and in my prayers.’’ I can’t from Connecticut for inviting us here ISIS is on retreat inside the Middle tell you how many times I have and encouraging us to have this con- East, and they have only a handful of joined—either in my former service in versation. motivations remaining for people to the House of Representatives or here in Many of our colleagues have come join their movement. No longer is the the Senate—in a moment of silence. Si- from a briefing by three of the top offi- inevitable geographic expansion of the lence is not enough. Thoughts and cials in this country who deal with caliphate available to them as a reason prayers are important, but they are not homeland security and law enforce- for recruitment, but the belief or the enough. We have to act. ment. One of the questions that was argument that the East is at war with I join many of my colleagues here to- asked deals with the ability of someone the West certainly is still available to night in the effort toward securing a who is on a terrorist watch list to be them, especially if we react in the vote by this Senate to make it harder— denied the opportunity to fly on an air- wrong way to the threat that is pre- just a little bit harder—for people who plane and then whether that same per- sented to us. Frankly, we have not got- hate and people involved in terrorism son on a terrorist watch list can be de- ten into a discussion thus far on this to get a hold of weapons of war. We nied the opportunity to buy, for exam- floor about what one of the Presi- have an opportunity because we have a ple, an assault weapon. The answer is, dential candidates is proposing, but bill before us. It is the Commerce-Jus- I think, shockingly disappointing. A part of the reason we are demanding a tice-Science appropriations bill. person who is on a terrorist watch list vote on these measures is because this I have the honor of serving on the can and will be denied the opportunity is the right way to respond. There is a Senate Appropriations Committee and to fly on an airplane. That makes latent fear in the American public that being a member of the subcommittee. sense. But what doesn’t make sense is is understandable. There is a wrong This is the moment, this is the bill, that same person who is denied the way to respond to that that will, frank- and this is our opportunity. I am not ability to fly on an airplane because he ly, make us less safe. There is a right saying that had this been in law a year or she is on a terrorist watch list can way to respond, and I think the Amer- ago, a month ago, a week ago, that this then go into a gun show or a gun store ican public gets that because of the 90- wouldn’t have happened, but our si- and buy a weapon, including an assault percent approval ratings of the things lence is unacceptable, and we must act. weapon. That just makes no sense to we are proposing. We are better than this as a country. me. That makes no sense to me. I thank the Senator, and I yield to I can’t tell you how many times I have I would add maybe two other quick the Senator from Wisconsin for a ques- woken up or heard midday of another points, if I may, and then I will stop tion without losing my right to the mass killing—a crowd around the tele- and yield to others, including the Sen- floor. vision set, hungry for news, wanting to ator from Wisconsin who was kind Ms. BALDWIN. Through the Chair, I know about who perished, who is in the enough to allow me to say a few words. would like to ask a question about the hospital, and when is it enough. When The number of people who want to tragic massacre in Orlando. are we going to act?

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.073 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE S3934 CONGRESSIONAL RECORD — SENATE June 15, 2016 In the political world, we also, re- names and the lives of the 49 victims of with one of her sons for a night of grettably, fall into our—I don’t know this hateful attack. dancing. what to call it—comfort zone. Let’s Through the Chair, I want to ask Angel Luis Candelario-Padro was 28 only talk about this as a terrorist inci- Senator MURPHY a question about the years old. He moved to Orlando from dent, or let’s only talk about this as a 49 victims of this tragedy. Chicago and started a job as an oph- hate crime, or let’s only talk about Luis Daniel Conde was 39 years old, thalmic technician only 4 days before this in terms of gun violence. This is and Juan P. Rivera Velazquez was 37 the shooting. He was from Guanica, all of the above. We have to come to- years old. Luis, originally from San Puerto Rico, and described himself on- gether. We have to be united. We have Lorenzo, Puerto Rico, was with his lov- line as ‘‘adventurous, easy going and to be strong in order to respond. ing partner, Juan P. Rivera Velazquez, responsible.’’ I also have to speak as a member of at Pulse. Both men were killed in the Antonio Davon Brown was a captain the LGBTQ community. This last Fri- shooting. Luis was known by his loved in the U.S. Army Reserve. He had pre- day, I had the honor of going to the ones as a fun-loving person with a viously been a member of the Army Of- opening ceremonies at the Pridefest in great sense of humor. Juan, also origi- ficers Training Corps at Florida A&M Milwaukee, WI. They were celebrating nally from Puerto Rico, was the owner University. He was 29 years old. their 30th year of Pridefest. In pre- of the D’Magazine Salon and Spa in Stanley Alamodovar III, age 23. paring for what I was going to say at Kissimmee, FL. Originally from Massachusetts, Stan- that opening ceremony, I reflected on Simon Adrian Carrillo Fernandez was ley worked as a pharmacy technician how different things were 30 years ago, 31, and Oscar A. Montero was 26. Simon in Claremont, FL. Friends have been in 1986. That was actually the year I was a manager at McDonald’s who was taking to social media to comment on was first elected to local office. I didn’t well loved. He was known for bringing his ‘‘bubbly’’ and ‘‘down to earth’’ per- have a lot of colleagues who were in in cakes to celebrate the birthdays of sonality. Amanda Alvear was 25 years old. the LGBT community in America, let each and every employee. Simon and Amanda was a beloved sister and god- alone the world, at that point in time. his partner Oscar were killed just after mother. Before the shooting, Amanda Boy, we have changed. We have seen returning home from vacation in Niag- posted videos to Snapchat, showing such progress. After celebrating the ara Falls. herself and a friend, Mercedez Marisol opening of Pridefest in Milwaukee, I Christopher Andrew Leinonen was 32 Flores, dancing and enjoying them- woke up on Sunday morning, as we all years old, and Juan Ramon Guerrero selves at Pulse. Mercedez was another did, to this horrific tragedy in Orlando. was 22 years old. Christopher Andrew, victim of the shooting. A hate crime is a crime that targets who went by Drew, was with his part- Darryl Roman Burt II, age 29. Darryl a particular audience, a particular ner Juan Ramon at the time of the was a financial aid officer at Keiser group in order to send terror through- shooting. Both men died. Drew had a University and a passionate volunteer. out that community—not just the vic- bachelor’s and master’s degree from The president of the Jacksonville Jay- tims but all who share characteristics the University of Central Florida and cees, which Darryl was a member of, with the victims. And in a month— founded a gay-straight alliance at his described him as ‘‘always interested in June—which is Pride Month, when we high school. a positive impact on the people’s lives usually celebrate how far we have come Akyra Monet Murray was 18 and a re- in the community.’’ over oppression, over discrimination, cent graduate of West Catholic Pre- Juan Chavez-Martinez was 25 years over hate crimes, to wake up and see paratory High School in Philadelphia, old. Juan, a Davenport resident, was this was truly unspeakable. where she was a top student and a top known by his colleagues as a kind and Back to the legislating we do on the athlete on the women’s basketball loving person. Facebook lists his home- Senate floor, I will be supporting a team. She had recently signed to play town as Huichapan, Mexico. number of amendments on this appro- at Mercyhurst University in Pennsyl- Cory James Connell was 21 years old priations bill—the one that I came to vania. and well loved. His teachers described ask Senator MURPHY about but addi- Jean Carlos Mendez Perez was 35, and him as ‘‘their all-time favorite’’ stu- tionally an amendment that would add Luis Daniel Wilson-Leon was 37. Jean dent. His brother took to Facebook to resources to the Department of Justice and Luis were loving partners. Both share his grief: ‘‘The world lost an to help prevent and investigate and en- men were killed in the shooting. The amazing soul today. God just got the force our Nation’s hate crimes laws. I families of both men took to Facebook best of angels.’’ hope those also will earn votes. I will to share their love and sadness. Anthony Luis Laureano Disla was 25 be supporting the amendment of a col- Edward Sotomayor, Jr., was 34 years years old. He was a graduate of the league, Senator CASEY from Pennsyl- old. Edward handled brand manage- University of the Sacred Heart in vania, relating to including mis- ment for ALandCHUCK.travel, an Santurce, Puerto Rico, where he stud- demeanor hate crimes in the list of of- agency that plans vacations for the ied education. He was also a well- fenses that should prohibit individuals LGBTQ community. On hearing the known drag artist in Orlando, per- from being able to acquire or possess news of Edward’s death, his boss, Al forming as Alanis Laurell. weapons of war. Ferguson, spent time with Edward’s Deonka Deidra Drayton, age 32. Back to our focus right now, our family at the hospital. He died while Deonka, known as Dee Dee, was work- focus right now is on getting a vote on urging his partner to exit the club ing at Pulse when the massacre oc- closing the terror gap, getting a vote doors to get to safety. curred, according to a family member. on making sure that background Leroy Valentin Fernandez. Leroy was ‘‘Senseless,’’ her aunt wrote on checks occur with regard to every pur- 25 years old. He was a leasing agent at Facebook. ‘‘Rest in peace Dee Dee. You chase so that you can’t be rejected an Orlando apartment complex and a know this Auntie will miss you.’’ from purchasing a weapon and then run vibrant performer who loved Beyonce, Mercedez Marisol Flores was 26 years to the Internet and purchase a weapon Adele, and Jennifer Lopez. His friend old. Mercedez was at Pulse with her that way or run to a gun show and pur- described her grief as ‘‘it just feels very friend, Amanda Alvear, when the chase a weapon that way outside of the quiet now.’’ shooting occurred. She was a student background check system. Rodolfo Ayala was 33 years old. at Valencia Community College and One of the things that are so impor- Rodolfo was a biologics assistant at the worked at the local Target. tant is when the Senator from Con- OneBlood donation center, a donation Peter O. Gonzalez-Cruz was 22 years necticut came to the floor and showed center that has been working to supply old. Peter worked at UPS and spent his the faces and read the names and told blood to the survivors of the shooting. high school years in New Jersey. On the stories of the victims of gun vio- His friend described him as compas- Facebook, his mother thanked every- lence, massacres in Connecticut and in sionate and said he loved his career. one for reaching out and expressed locations all over the United States. I Brenda Leigh Marquez McCool was 49 ‘‘deep and immense pain’’ at the loss of have been so moved as I have had the years old. Brenda was a two-time can- her son. opportunity to see the media begin to cer survivor and real estate agent. She Miguel Angel Honorato was 30 years share with us information about the was the mother of 11 and was at Pulse old. He was a resident of Apopka, FL.

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.075 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE June 15, 2016 CONGRESSIONAL RECORD — SENATE S3935 Miguel worked for FajitaMex Mexican the front man for the band Frequency. Paul Terrell Henry was 41. Paul was catering. On Facebook his brother He had a vibrant and charismatic stage planning to return to college. He was a wrote: ‘‘I can’t face the fact that my presence. He was at Pulse following a Chicago native and loved dancing and blood brother is gone. May your soul performance at a local club. playing pool. He had two children, in- rest in peace Brother. I love you so Martin Benitez Torres was 33 years cluding a daughter who had just grad- much.’’ old and from San Juan, Puerto Rico, uated from high school. Javier Jorge-Reyes was 40 years old. where he studied at Ana G. Mendez Christopher Joseph Sanfeliz, 24. Javier, of Orlando, worked as a super- University System. He was in Orlando Christopher worked at a local bank and visor at Gucci. He was originally from visiting his family. was known for having a positive out- Guayama, Puerto Rico, and studied at Franky Jimmy De Jesus Velazquez, look on life. He was very close to his the Universidad del Sagrado Corazon. age 50. Franky was a visual merchan- family and told family members earlier Said one Facebook friend: ‘‘Your en- diser at Forever 21 and studied at in the weekend that he planned to go ergy and love of life and of all things InterAmerican University in Puerto to Pulse with friends. beautiful was infectious. . . . You were Rico. His family took to Facebook to Geraldo A. Ortiz-Jimenez, age 25. one of a kind.’’ share their love of Franky saying: Geraldo, known as ‘‘Drake Ortiz’’ to his Jason Benjamin Josaphat was 19 ‘‘What happened in Orlando affects all closest friends, was originally from years old. He was an ambitious young of us because it is an act of hate Santo Domingo in the Dominican Re- man with many passions—computers, against the freedom to be who you public. He studied law at the athletics, and photography. Jason’s are.’’ Universidad del Este en Carolina. uncle described him as ‘‘very excited Luis S. Vielma was 22 years old. He Now, through the Chair, I would like about his journey.’’ was a student at Seminole State Col- to ask Senator MURPHY a question Eddie Jamoldroy Justice was 30 years lege and worked as an operator for Uni- about the 45 victims of this tragedy. As old. He was an accountant and loved to versal Studios’ Harry Potter and the someone who has come to this floor make other people smile. He was able Forbidden Journey ride. and read the names, shared the images, Jerald Arthur Wright. Jerald was 31 to text his mother right before he died and told the stories of so many in our and was employed at Walt Disney on Sunday night. He said that he loved country who have lost their lives to World and was well loved by both of his her and to call the police. gun violence, does the Senator from families—his biological one and his Alejandro Barrios Martinez, age 21. A Connecticut agree that the time to act Disney family. He was at Pulse to cele- Cuban news source identified Alejandro is now, and that our thoughts and brate a friend’s birthday. and spoke with his family and friends Tevin Eugene Crosby. Tevin was a prayers for their deaths are important, who described him as ‘‘always very Michigan native and 25 years old. He but not enough? (Mr. SASSE assumed the Chair.) positive.’’ He was able to contact his was the ambitious owner of Total En- Mr. MURPHY. Mr. President, I thank family at Pulse before he died. trepreneurs Concepts. He was visiting the Senator for the time she has taken Gilberto Ramon Silva Menendez, age Orlando after traveling to watch his to talk about each of these beautiful 25. Gilberto studied health care man- nieces and nephews graduate. agement at Ana G. Mendez University Jonathan Antonio Camuy Vega. Jon- individuals—these young men and and worked as a sales associate at athan was 24 and worked for a Spanish women who went to a dance club to Speedway. He was originally from TV network as a producer of a popular celebrate their lives and their friends Manati, Puerto Rico. children’s talent competition. He was a and Pride Month and who will never, K.J. Morris was 37 years old. K.J. was member of the National Association of ever walk the face of this Earth again, a bouncer at Pulse, known for her ex- Hispanic Journalists in Puerto Rico be- and their friends and families will cellent dancing and amazing smile that fore he moved to Florida. never get to celebrate these individ- could light up a room. She previously Jean Carlos Nieves Rodriguez was 27 uals’ lives. It is a reminder, as you talk lived in Massachusetts. and was a manager at a local McDon- about who these people are individ- Luis Omar Ocasio-Capo, age 20. Omar ald’s. He was known for being incred- ually, as much as we talk about statis- loved to dance and dreamed of becom- ibly dependable. His closest friends de- tics—the 30,000 who have died—that ing a performer. He grew up in Nash- scribe him as ‘‘just a caring, loving this is about lives. ville, TN, and worked at a local Target guy—just like a big teddy bear.’’ You could tell the story, for each one and Starbucks. Yilmary Rodriguez Sulivan, age 24. of them, of 20 other people whose lives Eric Ivan Ortiz-Rivera, age 36. Origi- Yilmary was a wife, a sister, and a will never be the same because of this nally from Puerto Rico, Eric worked at mother of two sons, Jariel and Sergio. tragedy. You could put nearly two of Party City and Sunglass Hut. He had Her sister described her as the most those charts up every single day, and been married for about a year. On Sun- loving and caring person you could that is what is so scary. We are fixated day morning, his husband frantically ever meet, saying her smile lit up the on this tragedy because it is unique called friends and family when he room and her laughter brought a smile and horrific, but we could put up that couldn’t connect with Eric. to your heart. chart every day, and it is important to Joel Rayon Paniagua was 32 years Frankie Hernandez Escalante, 27. tell their stories—to tell who they old. He loved dancing and is remem- Frankie was a loving big brother who were—because hopefully that is part of bered as humble and cheerful. He was taught his little sisters how to walk in the imperative for us to act. also a religious man and attended heels and do their hair and makeup. Senator UDALL has been patient and church in Winter Garden. Frankie had a tattoo on his upper right on the floor, and I know there are oth- Enriquo L. Rios, Jr., age 25. Enriquo arm reading ‘‘love has no gender.’’ ers who are waiting to speak. So let me was from Brooklyn, NY, and was vaca- Frankie moved to Orlando from Lou- yield for a question to Senator UDALL, tioning in Orlando at the time of the isiana. who has been a great friend on this attack. He had been working as a coor- Enrique L. Rios, Jr., age 25, who I issue, without losing my right to the dinator at True Care Home Health Care spoke of before. Enrique, from Brook- floor. and studied social work at St. Francis lyn, NY, was vacationing in Orlando at Mr. UDALL. Mr. President, I really College. His mother said her family has the time of the attack. He had been appreciate the leadership of Senator been ‘‘torn apart.’’ working as a coordinator at True Care MURPHY and his effort to see that the Xavier Emmanuel Serrano Rossado Home Health Care and studied social Senate addresses commonsense gun was 35 years old. He was the father of work at St. Francis College. His moth- legislation. It is probably around the a young son and worked as an enter- er describes that their family has been hour when people are getting home, tainer at Splash Bar in Panama City ‘‘torn apart.’’ and they are wondering why we are Beach, FL. He was a mentor to many of There are three more names that I here, why the Senator is choosing to his coworkers who described him as will read and tell you just a little bit hold the floor in this extended debate. ‘‘quick with a smile.’’ about who lost their lives in that mas- People should know that our Nation Shane Evan Tomlinson, age 33. Shane sacre early Sunday morning in Or- has seen a string of gun tragedies. The was a gifted singer who performed as lando. Senator’s home State of Connecticut

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.076 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE S3936 CONGRESSIONAL RECORD — SENATE June 15, 2016 saw the horrific Sandy Hook shooting It is my understanding—and I believe Chair to Senator UDALL, that part and of young children. In San Bernardino most of my colleagues would agree— parcel of this conversation is a con- we saw an ISIL-inspired terrorist at- that the Supreme Court has settled versation about reforming the way in tack. This terrorist slaughtered his this issue. Congress can’t take away which influence is exerted in this former coworkers—innocent people. In that right. President Obama can’t take place. Orlando, a disturbed man, perhaps in- away that right. Something is wrong when 90 percent spired by ISIL, murdered 49 people in What we are doing here today is tak- of the American public says that they cold blood. This was an assault on the ing steps to ensure that dangerous peo- want expanded background checks, and LGBT community—a hate crime. In ple are not able to buy a gun. Is that something is wrong when 75 percent of the last week, in my home State of the Senator’s understanding? the American public says they want New Mexico, we have seen some ter- Mr. MURPHY. Mr. President, I thank people on the no-fly list to be prohib- rible gun tragedies. A man is now ac- the Senator for this clarification. I, in ited from buying guns, and we don’t cused of murdering his wife and four fact, don’t think there is anything act on it. I can’t give specific diagnoses children in Roswell, NM. about this debate that we are having as to why that is, but it certainly There are so many tragedies, and that, as they would describe it, is a de- speaks to the need for the reforms the they all have different reasons. But one bate about the Second Amendment. Senator is talking about. thing that almost all of us agree on is There is no dispute that the Second I yield to the Senator for an addi- that we must do more to keep dan- Amendment now, in the wake of the tional question without losing my gerous weapons out of the hands of peo- Heller decision, guarantees the right of right to the floor. ple who mean harm to others or to an individual to own a firearm. That is Mr. UDALL. I ask one additional themselves. You should have to pass a the law of the land. But that same de- question through the Chair. background check to buy a gun. If you cision very explicitly makes it clear Many New Mexicans live in very are a risk to others because of a his- that it is within the right of Congress rural areas near the border with Mex- tory of making threats or because you to put parameters around that right to ico. Carrying a gun is not unusual in may be affiliated with a known ter- make sure, for instance, that criminals those areas. It is a different way of life rorist organization, law enforcement or would-be criminals don’t get access than in Connecticut or anywhere on should be able to step in and prevent to firearms. the east coast. For example, the entire you from buying weapons. So this certainly is not a debate State of Connecticut is about 5,500 The first thing I wanted to ask the about the Second Amendment. The square miles, with a population of 3.5 Senator from Connecticut, for people Second Amendment is clear. Right million. Hidalgo County, NM, one of who are just tuning in right now, is now, as interpreted by the Supreme our 33 counties in southwestern New this: What are the two amendments Court, it guarantees an individual’s Mexico, is almost 3,500 square miles that you are seeking to vote on today, right to a firearm, with reasonable con- and has a population of fewer than and how would they help stem this tied ditions placed upon it by Congress. So 5,000. Many of the ranches there are of horrific violence that we are seeing we are simply debating the extension tens of thousands of acres. They are in across the country, and as you have of a widely accepted condition on the the remote boot heel area of the State, continually pointed out happens every Second Amendment, which is the in- a region that is divided by mountain day? ability of criminals, and as we are de- ranges and that borders Mexico on two Mr. MURPHY. Mr. President, I thank bating today, individuals on the ter- sides. So I understand why many New the Senator for the question. It is sim- rorist watch list. Mexicans feel safer carrying a firearm. ple. We are asking for the two sides of I yield to the Senator for a question. They might be miles from the closest the aisle here to come together and Mr. UDALL. I would ask an addi- bring us votes on a bill that would pre- help. It might take law enforcement a tional question here. Last week, sev- vent individuals who are on the ter- significant time to reach them. So I eral of us announced a ‘‘we the people’’ rorist watch list—the no-fly list—from certainly don’t want to do anything to government reform package, and I plan being able to purchase firearms and infringe on their right to protect them- to introduce that bill tomorrow. The then, second, to expand out those pur- selves with a firearm. bill includes several pieces. It has Sen- chases that are covered by background But I would ask my friend from Con- ator WHITEHOUSE’s DISCLOSE Act, checks to places where gun sales are necticut who has worked on this issue which would require mandatory disclo- migrating, which is largely gun shows so long and understands this so well, sure of all special interest campaign and Internet sales. These are both would any of the proposals we are ask- measures that are supported broadly donations. It also includes my good ing to get a vote on take away their by the American people. friend Senator BENNET’s legislation to rights to purchase or own a firearm? To the Senator from New Mexico, we strengthen lobbying laws. Mr. MURPHY. I thank the Senator are asking for more than just votes on I bring this up because I think it for the question. I will forgive the dis- these measures. We think there is com- highlights the reason for Congress’s in- paragement of Connecticut’s small mon ground on these issues. We can’t action on gun violence. We have been size, but the answer is no. The only think of any excuse why we can’t come here before after the tragedy in Con- limitation would be that if any of those together and figure out a way to get necticut at Sandy Hook. We stood here individuals were not permitted to fly these passed. and debated many of the same issues, because they were on the terrorist We have taken votes in the past, and including expanding background watch list, they would not be able to votes are important and would be im- checks, closing the gun show loophole, purchase a gun. In 2015 there were only portant if we took them, but what limiting the capacity of magazines— 200-some-odd individuals who were on would be more important is to bridge things that should have been passed the no-fly list who attempted to buy a our differences. There are plenty of but weren’t. gun. Other than that limitation—and I people who aren’t on the floor today I wish to ask my friend from Con- imagine there are very few or no ranch- who can make that happen so that we necticut: Do you think our inability to ers who are on that list. can pass legislation rather than just pass commonsense gun safety legisla- Mr. UDALL. I appreciate that an- debate and vote on it. tion is in any way connected to the swer, and I yield the floor. I yield to the Senator for an addi- flood of money in our campaigns from Mr. MURPHY. I thank the Senator tional question. special interests? very much. Mr. UDALL. Mr. President, I ask the Mr. MURPHY. I thank the Senator I yield to my good friend, the Sen- Senator this, through the Chair. My of- for the question. ator from Colorado, for a question fices in New Mexico today received I think the flood of special interest without losing my right to the floor. many calls asking why Democrats are money into politics is the answer for Mr. BENNET. Mr. President, I thank on the floor debating the Second why lots of things don’t happen here, the Senator from Connecticut, and I Amendment. I would like to ask the and, frankly, it is also the answer for would say to the Senator from Con- Senator from Connecticut if this is an why a lot of things do happen here. So necticut, those attempting to dispar- accurate assessment of today’s debate. I think you are spot-on, through the age the size of Connecticut—being from

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.077 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE June 15, 2016 CONGRESSIONAL RECORD — SENATE S3937 Colorado, I certainly won’t do that, but people, just like the innocent people neighborhood of 2 percent of the people I would ask you to share the biggest who were killed on Sunday morning or who can’t get a gun or apply for a gun concern you have heard about requir- the children killed in Newtown. There permit. ing universal background checks on were 58 wounded from the gunfire. We The least we can do is close the ter- gun sales. lost 12 lives, people who were full of rorism loophole that allows terrorists Mr. MURPHY. I thank the Senator life and aspirations, loved by family on the watch list or people who are on for that question. I talked to Senator and friends. I have read their names on the watch list to buy a weapon. That MANCHIN about this earlier today. this floor. I have talked about who makes no sense at all. I think the Much of the concern that I hear from they were on this floor. American people clearly agree with individuals is that it is somehow a slip- But unlike Washington, in Colorado, that. The American people clearly sup- pery slope that eventually leads to the our legislators rose to the occasion and port background checks. Ninety per- government confiscating weapons. made some tough decisions, which is cent of the American people believe we That is a mythology that has been cre- why I am asking this line of questions should strengthen background checks. ated out of whole cloth by individuals to the Senator from Connecticut. They I thank my colleagues who are here who have something to gain from sell- got together and they actually today. It is a particular privilege to be ing the story of perpetual fear of the strengthened our background check here with my two colleagues from New government. system. Colorado’s Legislature closed Mexico, and I thank the Senator from Of course there is no evidence in the the gun show loophole and the Internet Connecticut for his leadership. history of the national criminal back- loophole and required a background Mr. MURPHY. I thank the Senator ground check system that is the case. check for every gun sale. from Colorado for his passion on this So I think the root of people’s opposi- What has happened? Let me give an issue and for the personal decisions we tion is in a fear about a hidden agenda example. In 2015 the stronger back- wrestle with, especially those of us of the government, which we know is ground check system blocked 7,000—I with children. simply not the truth. All the criminal want to be precise about this—7,714 I now yield for a question. background check systems do is pro- people from buying guns. That may Mr. BENNET. Mr. President, I would tect the public by keeping guns out of sound like a lot, but 350,000 people ap- just like to add one thing, if I could. the hands of violent criminals. plied for guns in Colorado in 2015. That Mr. MURPHY. I will yield to the Sen- I yield for the question. is just over 2 percent of the people who ator from Colorado for a question. Mr. BENNET. I appreciate the an- applied for guns. Ninety-eight percent Mr. BENNET. You know, it is Pride swer to that question. of the people who applied got their Month, and we have our Pride parade I will share some of the experiences guns. this Sunday in Denver. For the last 10 of Colorado, and I will ask the Senator By the way, I have a report from the years, that is how we have celebrated from Connecticut a question. Colorado Bureau of Investigation, Father’s Day. Father’s Day coincides I want to say first to the people of which on a monthly basis publishes all with Denver’s Pride parade, and my Orlando and the people of Florida how this data so everybody in Colorado can wife and children and I all go. This sorry I am for the tragedy that has be- see what is going on. It has, among Sunday my phone rang. My oldest fallen them. On Sunday morning, I got other things, the average wait time, daughter was on a civil rights tour in up and opened the paper on my device the average time it takes on the Inter- the South with her choir, and we start- and saw at that time that 20 people had net to get this check done in Colorado. ed talking about this, and she re- been killed, and then it quickly grew to It takes 9 minutes to get the back- minded me that we missed last year’s 50. I can only remember the shock ground check. Pride parade because we were at the when we had the shootings in the Au- More important than the percent- Shorter AME Church in Denver wor- rora movie theater, and I know the age—that, of course, is a low percent- shipping with that congregation in the Senator from Connecticut had the tre- age—is who is in the percentage. We wake of the shootings in Charleston. mendous shock of the killings of the el- have murderers who have been denied She was the one who had to remind me ementary school children in Newtown, guns. We have rapists who have been of that, but when she did, it was an- CT. I thought, as I always do when this denied guns. We have domestic abusers other reminder of how searing these ex- happens, that my brother or sister in that 2 percent who have been denied periences are for the next generation of could have been in there, my mother or guns. We have kidnappers who have Americans. father could have been in there, or my been denied guns. Is there anybody who I thank my colleagues. son or actually one of my daughters is going to come to the floor of the Mr. MURPHY. I thank my colleague. could have been in there, and I thought Senate and say that Colorado is worse He is right. Charleston was almost a of the feeling somebody must have off because we have kept guns out of year ago to the day. But it is hard to when they know they are never going the hands of murderers and kidnappers keep track of when these year anniver- to see their loved one again. and rapists? saries occur because we are now having I was fortunate, obviously, not to be This isn’t mythical; this is the actual 1-year and 2-year and 3-year and 4-year in that circumstance, but on Sunday fact of what is going on in a western anniversaries and major, epidemic morning, my wife Susan and I were State that has background checks. No- mass shootings almost every month, taking my 11-year-old daughter—my body can come here and argue that we and we are coming up on 4 years for youngest daughter—to camp, and the are not safer because these people who Sandy Hook this December. only thing I was trying to do before I shouldn’t have had a gun don’t have a I thank the Senator, and now I yield got her there was to make sure she gun, this 2 percent. for a question to the Senator from Ha- didn’t see the news, make sure she But in stark contrast—this is why I waii without losing my right to the didn’t hear about what happened, make came to the floor tonight—this is in floor. sure she didn’t leave her parents feel- stark contrast to what the Colorado Ms. HIRONO. I thank the Senator ing the anxiety they felt after New- Legislature did after the Aurora shoot- from Connecticut for yielding his time town happened, the horror they felt ing. This Congress did nothing after on the floor for a question, and I want after Aurora happened, the knowledge Newtown, after Aurora, after Orlando— to join all the people of Hawaii in ex- that they are growing up in a country nothing. Time and again we return to pressing our deep sadness and condo- unlike the country we grew up in, this floor after a mass shooting and yet lences to the families and friends of all where children have a reasonable fear are unable to do the simple things, those who lost their lives and who were that something like this could happen such as close the gun show loophole injured in this tragedy in Orlando. Our to them. once and for all. That is not about tak- entire country shares in your grief. Our experience in Colorado—as the ing guns from people who already have Like everyone who has spoken today, Senator knows, on July 20, 2012, a gun- guns; that is about keeping guns out of I am saddened and outraged by what man walked into a crowded theater in the hands of people who shouldn’t have occurred in Orlando this past weekend. Aurora—people were there just to guns. If your State is like my State, One of the victims, Kimberly ‘‘K.J.’’ watch a show—and killed 12 innocent that is going to be somewhere in the Morris, moved to Orlando from Hawaii

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.079 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE S3938 CONGRESSIONAL RECORD — SENATE June 15, 2016 just 2 months ago to take care of her around the country if we once again do I was very proud to see my constitu- mother and grandmother in Florida. nothing to make our country safer? ents fill Morningside Park in Albu- K.J.’s grandmother Emma Johnson (Mr. ROUNDS assumed the Chair.) querque, Pioneer Woman’s Park in Las said: Mr. MURPHY. I thank the Senator Cruces, the Plaza in Santa Fe, St. An- Knowing her, she would be trying to help for the question. drew’s Episcopal Church in Roswell, everybody get out instead of running for her I think it is a very dangerous mes- and Orchard Park in Farmington—all life. That is the type of person she is. sage. I think it is the complete inabil- to remember the victims in Orlando The lives K.J. and others led were cut ity of this body to deal with important and to say to their families that we are tragically short. Meanwhile, Congress questions of the day. There is no doubt not going to forget them and to say to has been unable and unwilling to act to that we have disagreements. There is that entire community that when the keep guns out of the hands of people no doubt that there is a different ap- LGBT community is attacked, really who shouldn’t have them. proach on this side of the aisle than all of us are attacked. I commend my colleague from Con- there is on the other side of the aisle. I came to the floor because I can’t be- necticut for his leadership on this im- We have proffered the two policy pro- lieve that we are going to let this hap- portant issue. He has been on the floor posals that are the easiest to find com- pen again and not change something. of the Senate week after week, month mon ground on, but there is a host of That goes to what I want to ask the after month, calling on us to enact sen- other things that we would like on that Senator from Connecticut about. sible gun legislation to keep our com- we know will be much more difficult to I am here because I know that we can munities safe and to save lives. get consensus on from the other side. take tangible steps to make our coun- I shared a transition office with Sen- What is so damaging about not doing try safer again, steps that are not a ator MURPHY in the days following the anything and, frankly, what is so offen- burden to gun owners—to gun owners Newtown attack, and I saw his dedica- sive about not even scheduling a debate like me. Senator MURPHY and I have tion and passion on this issue first- is that we are admitting that this place talked about this at length. We are hand. doesn’t have the capacity and the abil- friends, our families are friends, and In his first speech on the Senate ity to deal with the big questions that our kids are friends. floor, the Senator from Connecticut are on people’s minds. People are This is not about creating a burden said: scared right now. They are scared, hav- for law-abiding gun owners, it is not I never imagined that my maiden speech ing watched what happened in Orlando about a threat to the Second Amend- would be about guns or gun violence. Just and what happened in San Bernardino. ment. What has become clear is that like I could never imagine I would be stand- You heard the letter or the voice mail there are simply critical junctures ing here in the wake of 20 little kids having that Senator MCCASKILL transcribed where we have to be able to identify died in Sandy Hook or six adults who pro- for us by a 14-year-old who didn’t know those who would do us harm. Whether tected them. But sometimes issues find you. whether she was going to be able to it is a young person drastically losing We all share his heartbreak that, of live out her dreams because she their way or a potential terrorist who all issues, this is the one that found thought that gun violence was going to is intent on doing harm to others, him. But I am proud to stand with him sweep over her community. there are times when we have to be and with all my colleagues and with all It is so damaging to this country to able to step in. the children, families, and commu- leave people exposed to this potential It is no secret that I have always be- nities affected by the gun violence epi- terror, but it is also damaging to the lieved that law-abiding citizens should demic in our country. reputation of this body, which is about be able to own firearms for sport, for I agree with my colleague whole- as low as you can already get if we self-defense. A lot of New Mexicans do heartedly when he says that it is no don’t act. just that and do it with incredible re- longer the time for thoughts, for pray- I yield for any other questions. sponsibility, but I simply cannot stand ers, for reflection; it is time for action. Ms. HIRONO. I thank the Senator for by and let this pass with just another In Hawaii, we have one of the lowest his response. What could be more fun- moment of silence. firearm death rates in the entire coun- damental a job for government than to It is personal. As the parent of a 13- try. This is not an accident. Our elect- keep our people and our communities year-old, as the parent of a 9-year-old, ed leaders in the Hawaiian community safe. and watching what happened at Sandy have recognized that our laws should Mr. MURPHY. I thank the Senator, Hook in Senator MURPHY’s home balance the interests of responsible gun and I thank her for the questions. State—without believing there must be owners with the interests of public I am thankful that my friend from something more that we can do—I find safety. New Mexico, Senator HEINRICH, has it so frustrating that kids today in ele- Of course, we need to do more—so joined us. mentary school, in middle school, have much more—on the Federal level. I I yield to him for a question without to do things that we never had to do supported the Manchin-Toomey bill to losing my right to the floor. when we were growing up—practice close the gaping loopholes in our back- Mr. HEINRICH. I have several ques- sheltering in place and what happens in ground check system before guns can tions I wish to ask Senator MURPHY an active shooter situation. Our kids be purchased, and I strongly support through the Chair today, but I want to simply shouldn’t have to do that. We Senator FEINSTEIN’s bill to prevent start by thanking my friend, CHRIS owe it to the American people to take people on the terror watch list from MURPHY. real action, to reduce the violence in purchasing a gun. I am very proud to call him a col- our communities. I truly believe that Now is the time for action on these league. I am proud of seeing him take keeping guns out of the hands of people measures today, on this bill before us. this stand. I am proud that is forcing who are, frankly, legally prohibited Otherwise, the carnage in our country us to have this conversation. We all get from having them is just such common will continue. This year alone, 6,093 sent here by our constituents to make sense. people have been killed by guns in our tough decisions, to find the truth, and The fact that we are arguing about country. This includes 125 people who to find a path forward. I am very proud this is a little bit unfathomable, but were killed by guns in the 31⁄2 days of him for not letting this go quietly that is all we are talking about with since Orlando. So 125 more people have with just another moment of silence background checks. That is what back- died since Orlando. and no action. ground checks do. That is what closing If we stood here and provided 6,093 Since Sunday, I think most of us the terror gap would do. victims a minute of silence, we would have been walking around feeling lit- I can’t tell you how many times I be standing here for 4 days, 5 hours, erally sick to our stomachs, with a have been through the background and 33 minutes. Moments of silence are sickness that is not going away. check process. Through the Chair, I not enough. I know our whole country is just so ask Senator MURPHY, if I have to pass I wish to ask my colleague from Con- weary of seeing shooting after shooting a background check to buy a deer rifle, necticut a question. What kind of mes- and not seeing action and change and why shouldn’t firearms sales made on sage are we sending to communities something meaningful from all of us. the Internet or at a gun show require

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We are going to talk shipping or transporting or receiving probably shouldn’t be buying dan- a little bit about closing that gap. firearms or even ammunition, because gerous assault weapons. Shouldn’t we make sure that all of our we have made the judgment through I yield for a question. firearms sales cut a clear and decisive our judicial system and through our Mr. HEINRICH. And is it not true, I line between the law-abiding and those laws that they present a threat to pub- ask Senator MURPHY through the who have lost their rights through the lic safety. Chair, that there are due process pro- actions they have taken? This list includes convicted felons, as tections in this amendment so that if Mr. MURPHY. I thank the Senator it should. It includes fugitives. It in- someone were to find themselves on a for his question. I really appreciate his cludes drug addicts and people who are list, there is a right to redress so that outlining at the beginning of his ques- committed to mental health institu- we ensure not only that terrorists can’t tion that not only is the Senator from tions. It includes undocumented immi- simply walk into a gun store or go on- New Mexico a gun owner but that he is grants. It includes anyone who has re- line and buy firearms but also so that a proud gun owner. He is an active hun- ceived a dishonorable discharge from there is due process? ter and somebody who cares very deep- the military, someone who has re- Mr. MURPHY. I thank the Senator ly about Second Amendment rights. nounced their U.S. citizenship, or for that question because that is kind His question is spot-on. Why would someone with a restraining order for of the red herring that gets thrown you have a system that requires Sen- domestic violence or misdemeanor con- into this mix. Yes, we all agree we ator MARTIN HEINRICH to go get a back- victions for domestic violence. Finally, don’t think people who are on the no- ground check when he buys a gun at a it includes anyone who is under a fel- fly list should get guns, but it is about gun store but not require an individual ony indictment. the mistakes that are made. to get a background check when they To me, the second amendment that No, in Senator FEINSTEIN’s amend- ment—I know she will speak to it over buy a gun at a gun show? The reality is Senator MURPHY was speaking of—the that when this law was passed, the in- second amendment not to the Constitu- the course of the debate—there is a tention was for the background check tion but the second amendment to this process for individuals to remedy any erroneous denial of a firearm. So there to cover almost all commercial sales in bill—speaks to whether it shouldn’t be is going to be an explicit process set up the country, but it was passed at a true that someone who is suspected of with which to do that. time when almost all commercial sales terrorism should not be considered as were being done in gun stores. What I think Senator MCCASKILL said this unfit to own and use a firearm legally earlier; she remarked that the bipar- has happened since that law was passed as someone who has been dishonorably is that gun sales have migrated—for tisan reference is showered upon law discharged or has renounced their U.S. enforcement. It is wonderful that we reasons that you can understand—away citizenship. We are talking about peo- from bricks-and-mortar stores and support our members of law enforce- ple who have gotten on the no-fly list, ment, but then why don’t we trust onto Internet sales and to these gun for example, for some very real rea- shows. I guess really all we are asking them to make decisions when they sons. have information that would make for the text of the law is to basically Through the Chair, I ask Senator re-up on the original law’s intent. them very worried about a specific in- MURPHY: If the FBI or intelligence dividual buying a firearm? Why don’t The Manchin-Toomey bill, for in- community believes that someone is stance, still doesn’t contemplate the we trust them to make that decision if such an imminent threat that they are sale of a gun from a father to a son or we all agree that we trust them to so dangerous that we cannot allow from a neighbor to a neighbor to be make other decisions to keep us safe? them to board a commercial airliner, subject to a background check, but if I yield for additional questions. shouldn’t they also be prohibited from you were advertising your gun on the Mr. HEINRICH. I was looking at up- buying a gun or shouldn’t we at least Internet or if you are going to an orga- dated data from the Government Ac- let the Attorney General flag that sale nized market and gun sale, then you countability Office that sort of leads to and do something about it? should go through that background my next question, and it shows that Mr. MURPHY. I thank the Senator check. known or suspected terrorists pass a for the question. The amendment that I saw you nodding when Senator BEN- background check to purchase a fire- has been filed by Senator FEINSTEIN is NET mentioned that the average back- arm or to purchase explosives 91 per- ground check takes under 10 minutes. pretty plain in its wording. It says that cent of the time. The terrorists them- Some people say: Oh, we can’t have the Attorney General can deny the selves have actually identified this background checks; it is so onerous. transfer of a firearm based on the to- weakness. They know it exists. I sit on No, everybody who has gone through tality of circumstances, that the trans- the Intelligence Committee, and we a background check can tell you that feree represents a direct threat to pub- look at what they communicate to you are by and large in and out of there lic safety based on a reasonable sus- each other so that we can learn how to in a very short amount of time. Frank- picion that the transferee is engaged or make our country safer. ly, as to the people who aren’t in and has been engaged in conduct consti- There was an Al Qaeda video in 2011 out of there in a short amount of time, tuting, in preparation for, in aid of, or that literally instructed potential ter- sometimes that is for a reason, and related to terrorism or has provided rorists to take advantage of our incom- that is important to remember. material support or resources thereof. plete background check system. I yield for additional questions. There is not a single Member coming There have been a number of ter- Mr. HEINRICH. Well, I want to get to to this floor and suggesting that people rorist attacks in recent years where a second question, but I want to say who are on the no-fly list today should giving the Attorney General the au- that is absolutely accurate. I can tell be taken off of it because their right to thority to prohibit a suspected ter- you I don’t think it has ever taken me fly has been abridged or that there are rorist from purchasing a firearm could more than 15 minutes to go through names on the list that shouldn’t be. have at least thrown up meaningful that process. That would be ludicrous. No one is barriers. I think most notable was the As a law-abiding gun owner, as some- going to suggest that we should allow horrendous Fort Hood shooting in 2009, body who has taught my kids how to be people who meet that criteria to be al- where MAJ Nidal Hasan was able to responsible with firearms, I don’t want lowed to fly in this country. So why on pass a background check and buy a criminals to be in possession of fire- Earth would we allow them to purchase handgun, even though he was under an arms. I don’t want someone who has a gun? active FBI investigation for links to been convicted of domestic violence to I would hope that our colleagues terrorism. He went on to shoot and kill be in possession of firearms. would take a close look at this lan- 13 people. He wounded 30 others.

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.082 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE S3940 CONGRESSIONAL RECORD — SENATE June 15, 2016 So if we are saying that whole cat- not do it. It is only controversial in the Mr. BOOKER. I thank the Senator. I egories of other people present such a U.S. Congress. It is not controversial in just wanted to clarify that. public safety threat that they people’s living rooms. It is, frankly, Mr. MURPHY. I yield back to the shouldn’t have access to firearms, I not controversial in gun clubs. When Senator from Rhode Island for a ques- just can’t believe we shouldn’t at least you sit in a gun club and talk about tion. give the Attorney General the ability whether a person who has been sus- Mr. WHITEHOUSE. We have some ob- to put terrorists on the same do-not- pected of being a terrorist should be ligations that we ought to meet and buy list. Why wouldn’t we do that, Sen- able to buy a gun, there is a consensus that the American people would sup- ator MURPHY? there too. port us in meeting, and my question is, Mr. MURPHY. I say to Senator HEIN- We have talked about the cornucopia Do those obligations include not only RICH, it is hard to understand why we of reasons this doesn’t happen, and it is strengthening our gun laws to make wouldn’t do that, especially when, as part a story of the influence of the gun sure that certain individuals who you noted, people on that list go in and lobby; it is part a misinterpretation of should not purchase firearms are le- buy a gun and they are almost univer- the nature of the Second Amendment; gally prevented from purchasing fire- sally successful in walking away with it is part a belief that more guns make arms—for instance, people convicted of that weapon. It doesn’t happen very people safer, which the data does not violent hate crimes? often; let’s be realistic about what the show; it is part an answer in how vot- I think Americans agree that is not a numbers are. I think I read them ear- ers prioritize the things they care class of people whose defense of their lier and from 2004 to 2014 there were about—that the 10 percent that doesn’t right to purchase firearms we should be 2,233 instances where suspected terror- agree is calling in to Members’ offices rushing to defend. Those who are sus- ists attempted to purchase a gun. And at a level the 90 percent aren’t; and, pected terrorists on the no-fly list, on as my colleague mentioned, in 91 per- lastly, in part, it is an indictment of the terrorist watch list—that seems to cent of those instances they were suc- us. It is an indictment of those of us be a very reasonable group of people to cessful. So we are only talking about who have just let business as usual run take out of the list of folks who are al- lowed to purchase firearms. 200 or so instances a year. on this floor, mass shooting after mass But if we just do those two things Now, of course, those are the only shooting. and we don’t beef up the background ones we know about because those are The reason we have chosen to do checks, so that even if we do create a the ones that actually went through a something exceptional—which is to law that protects people who have com- background check. We don’t actually hold up work on the CJS appropria- mitted violent hate crimes from being know about all those people on the no- tions bill until we get an agreement to able to buy a firearm and even if we do fly list who tried to buy a weapon suc- move forward on these two issues—is pass a law that prevents people from cessfully online or at a gun show. We that we have something to answer for the terrorist watch list or the no-fly know about these that rated about 200 here as well. Maybe we haven’t fought list from being able to buy a firearm— a year. as hard as we should in order to get even if those laws are in place, is it not The reality is that terrorists today this done. And this may not get us true that if all they have to do is go who are trying to perpetrate attacks there. We still need votes from Repub- online to buy a gun, if all they have to on American citizens have lately not licans. We can call for a vote, but we do is go to a gun show to buy a gun, been using a bomb or an explosive de- ultimately need them to vote yes on then we have failed in our responsi- vice to carry out that attack. They that. But at least we are showing the bility to protect the American people? have been using weapons—in the latest American public that we care as deeply Mr. MURPHY. The Senator is cor- attack, an assault weapon. So we as we should about ending this slaugh- rect. Today, the estimates are that 40 should just wake up to the weapon of ter. percent of all gun sales happen outside choice of terrorist attackers and adopt I would be happy to yield for a ques- of brick-and-mortar stores. And the se- this commonsense measure. tion. cret is out that if you can’t get a gun I yield for a question. Mr. HEINRICH. I just want to thank because of your criminal record—or in Mr. HEINRICH. I have one last ques- Senator MURPHY for everything he has this case because of your inclusion on tion for my colleague from Con- done on this issue and for not taking the no-fly list—then just circle back necticut, and this one is probably the no for an answer. and find another way. All it takes is a hardest one. It is simply why? Why is Mr. MURPHY. I thank the Senator. quick Internet search. All it takes is to this so hard? I am so glad to have my neighbor, plug in armslist.com, and you can get a I stand here as a gun owner. I have Senator WHITEHOUSE, joining us on the weapon delivered to you in short order. looked at each of these amendments floor, and I yield to him for a question If we don’t close that loophole—that through the lens of what it means to be without losing my right to the floor. Internet and gun show loophole—then a law-abiding gun owner in this coun- Mr. WHITEHOUSE. I am delighted to simply denying terrorists guns at gun try, with both rights and responsibil- be here. And before I ask my question, stores is a half measure. ities. That is why we have hunter safe- I just want to thank my colleague for I yield for a question. ty before we ever go out into the field what he is doing. I guess my first ques- Mr. WHITEHOUSE. That problem ap- as a 12-year-old or a 13-year-old. tion would be, How are you doing? You plies to a convicted felon who can right I just don’t see anything in these two have been on the floor for quite a while now get around the conviction and go amendments that is an unreasonable now, and I really appreciate it, but how and buy a gun through either of those burden to someone like me. So why is do you feel? loopholes—online or from a gun show. it so hard to even have this conversa- Mr. MURPHY. I say to Senator It applies to a domestic violence abuser tion on the floor of the Senate? Why is WHITEHOUSE, when I was in my early who is ordinarily prohibited but can it so hard to get a vote? And more im- 20s, I actually ruptured two discs in my easily get around it by going to a gun portantly, why is it so hard to change back, and so I spent a lot of time re- show or buying a gun online. It applies these policies and these laws to try to working my back in my later 20s to to someone who has been determined make our country just a little bit make sure that wouldn’t happen again. by a court to be dangerously mentally safer? That rigorous back work to repair my ill. Mr. MURPHY. I guess, I say to Sen- broken discs is paying off, I would say. So right now we have a system, as I ator HEINRICH, if I had the 100-percent Mr. BOOKER. Will the Senator yield understand it, where if you have been correct answer to that question, we for a question? determined by a court to be dan- probably wouldn’t be here because we Mr. MURPHY. I will yield to the Sen- gerously mentally ill, if you go to a would probably have figured out how to ator from New Jersey for a question. gun shop and go through the regular solve it. Mr. BOOKER. The Senator is not as- procedure, then your purchase of the It is such a unique issue in the Amer- serting he is still in his 20s, is he? gun will be interrupted. But all you ican public sphere today, where 90 per- Mr. MURPHY. I am no longer in my have to do is go to a gun show or go on- cent of the American public wants 20s, but I am saying that early preven- line, and you get around the restric- something to happen and this body will tive work has paid off in the long run. tion. Isn’t that the state of play right

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.083 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE June 15, 2016 CONGRESSIONAL RECORD — SENATE S3941 now, even for convicted felons, domes- necessity of the industry is to create hunters need. And the design of all of tic violence abusers, and people who this belief in the government any day these weapons and the high-capacity have been adjudicated to be seriously approaching your house to confiscate magazines we are referring to were mentally ill? your weapons. So every initiative to originally for one purpose and one pur- Mr. MURPHY. That is the state of just try to enact commonsense gun pose only—to kill as many human play, I say to Senator WHITEHOUSE. laws is distorted by the industry as beings as quickly as possible. They are We had Senator DURBIN on the floor just another attempt to get closer to military in nature and design and thus earlier today, telling the horrific tales the day in which black helicopters the reason many gun clubs around the of Chicago, for which the strong back- swoop down on your house and steal country deny access to this kind of am- ground check laws in Illinois make al- away all of your weapons. Of course, munition. It certainly stands to reason most no difference on the streets of that is not what we are going at here. that the rationale for continuing to Chicago because the weak background It has nothing to do with our agenda. sell this is monetary in nature. check laws of Indiana allow for individ- We simply want people on the terrorist Mr. WHITEHOUSE. If the Senator uals to go there and buy guns online or watch list to not be able to buy guns will yield for a question, does the Sen- at gun shows and then ferry them back and for criminals to not be able to buy ator recall that years ago there was an onto the streets of Chicago. guns. But because the industry needs effort to prevent armor-piercing am- So without that Federal law that cre- this perpetual fear of government in munition from being sold? Because our ates a uniform standard that you need order to sell more weapons, I think police officers who wear body protec- to go through a background check for there has been a desire of the NRA to tion for protection against armed as- whatever commercial means you at- not listen to its membership and in- sailants were very concerned that sell- tempt to buy a gun, then there are stead listen to its industry members ing people armor-piercing ammunition criminals every single day who are get- and feed this sense of dread about the would make them more effective at ting their hands on weapons, separate secret intentions of the Federal Gov- killing police officers. Whereas, it and aside, as the Senator said, from ernment. would make no difference in hunting this question of terrorist access. Mr. WHITEHOUSE. If the Senator deer or elk or anything else. They cus- Mr. WHITEHOUSE. Will the Senator will yield for another question, it is my tomarily, as I understand it, don’t wear yield for another question? understanding that this position the armor, but police officers do. Police of- Mr. MURPHY. I will yield for a ques- NRA takes against any and every, even ficers have to go into dangerous situa- tion. very reasonable, gun safety measure— tions with armed individuals. There- Mr. WHITEHOUSE. I have some sta- and very likely, I suspect, for the rea- fore, there was considerable pressure to tistics here that I find a little sur- sons the Senator has identified as a protect our law enforcement officers to try to put limits on the amount of prising, and I would love to ask my col- marketing ploy on behalf of the big in- armor-piercing ammunition that peo- league for his explanation of them. dustry that pays them to do this. But ple could buy. The statistics that I have are that 76 it is my understanding that applies to percent of gun owners and 71 percent of My recollection—if the Senator a variety of other issues as well. The would confirm it, that would be my National Rifle Association members issue I want to ask about is the issue of support prohibiting people on the ter- question—is that at the time, the NRA high-capacity magazines. opposed any limit on armor-piercing ror watch lists from purchasing guns. Now, I am a gun owner myself. I be- ammunition and opposed the law en- Yet despite the fact that 76 percent of long to a gun club in Rhode Island. In forcement forces, the local police gun owners support putting people on order to get access to the range, I had chiefs and police officers who come to the terror watch list—on the list that to have a safety briefing by the gun these crisis situations and their desire doesn’t allow them to buy firearms— club saying what I could and could not to be safe and their desire to be able to and despite the fact that 71 percent of do on the range, saying what the range tell their families: It is going to be OK, NRA members support putting terror rules are. One of the range rules that honey. I have protective armor. It is watch list folks onto the ban list for was imparted to me in the safety brief- going to help make me safe, and there buying firearms, nevertheless the NRA ing is that they don’t allow high-capac- is an armor-piercing ammunition that has repeatedly opposed and attempted ity magazines on the range. They don’t people are allowed to shoot at me; that to block legislation that attempts to allow them for safety reasons. they took all that away, and this was close the terrorist watch list gap. I doubt this is the only one. If you an argument that they made and they Does the Senator have an expla- have gun clubs around the country that succeeded, and right now armor-pierc- nation or a thought about why it is will not allow high-capacity magazines ing ammunition is available as a result that when three-quarters of gun owners on the range for safety reasons at the of NRA lobbying. and nearly three-quarters of NRA range itself, and yet here is the NRA Mr. MURPHY. That is certainly the members take one position, the organi- wildly opposing any effort to limit any way I remember the events as well. I zation is taking a completely different high-capacity magazine restriction of remember one of the many chilling position from what their members sup- any kind, does that follow as part of conversations I had in the 24 hours port and from what gun owners support that same argument? Is the industry as after the shooting in Newtown. One across America? determined not only to sell more and was with a police officer who remarked Mr. MURPHY. The Senator has asked more guns to a smaller number of peo- that it was a good thing Adam Lanza the $64,000 question, in a way, and I can ple by creating fear that some imagi- killed himself and didn’t engage in a hazard a guess. My guess would be this: nary black helicopter is going to come shoot-out with police because they that the nature of gun ownership has and take their guns away but also re- were not confident they would be able changed over the years. It used to be stricting the limits on high-capacity to survive a shoot-out with an indi- that over 50 percent of Americans magazines? vidual who had that much ammunition owned guns. Most only owned one gun, Mr. MURPHY. The margins involved and that kind of high-powered capacity but the majority of Americans owned for the industry in these very powerful in a firearm. guns some 30 years ago. Today that weapons and these large-capacity mag- Separate and aside from the question number is rapidly decreasing. Now 30- azines are big. So when you are at- of armor-piercing bullets, law enforce- some odd percent of Americans own tempting to put together a portfolio in ment has stood with us in our calls to guns. It means the nature of the indus- which you are going to make a sub- restrict the sale of assault-style weap- try is changing. It means the industry stantial profit in return for your inves- ons and high-capacity ammunition be- now has to sell a smaller number of in- tors, you have to double down on cause even that, without the armor- dividuals a larger number of weapons. things like 100-round drums and AR–15- piercing bullets, puts them at risk. So part of the marketing technique by style weapons. Now, I don’t know every Mr. WHITEHOUSE. Will the Senator the industry—and the industry is es- hunter in my State, but I have yet to yield for one more question? I see my sentially equated to the NRA. It is the talk to one who feels like they need a senior Senator JACK REED on the floor. industry that funds the NRA in sub- 30-round clip in order to go into the I am sure he wants to engage in a ques- stantial part. Part of the marketing woods and hunt. It is not something tion-and-answer with Senator MURPHY.

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These are weapons tion I want to ask is that in response investigation that he or she might be that were designed to mass fire, rapid to our effort to put people who are on the subject of; is that not the way that fire, even in semiautomatic mode. the terrorist watch list into a category would play out? It doesn’t seem to These were not designed for hunting. In where they are not able to go and buy make much sense to me. fact, back in those days, we replaced firearms in order to commit the acts of Mr. MURPHY. It doesn’t seem to the M–14—which didn’t have the same terror for which they are on the watch make much sense. For the question, we capabilities, much more accurate—be- list, our friends on the other side of the can only imagine what that court proc- cause what they were looking for was aisle have suddenly come up with a ess looks like. Who knows what rules just a sheer volume of fire that can in- new piece of legislation they say is de- apply, who knows what the rights to flict the most casualties possible, par- signed to address this problem. discovery are. ticularly in confined spaces, because of My question is, Do we know if this Mr. WHITEHOUSE. There is no woods, because of jungle, because of piece of legislation has ever been seen model for it. war, because you are in a building. before? Do we know if it has been Mr. MURPHY. There is no model for I think your points about military brought up in committee and given any it. We have hamstrung the FBI and the assault weapons are exactly the right kind of a review? Have they built a Attorney General by asking them to do points, and you, like me, have heard track record of interest and concern more and more with the same amount this not only from law enforcement about this issue and built a legislative of resources. To ask them to go professionals but also from military record to support their bill or does this through dozens and dozens of court personnel about the nature of this appear to be something they whipped processes—remember, there were 240 weapon. out of their pocket at the last minute people on these lists who tried to get Mr. MURPHY. I think it is tragically to try to fend off the sensible provi- guns last year. So we are talking about instructive, I say to Senator REED, to sions we have long fought for to keep a lot of court processes they would think about what happened inside that people on the terror watch list from have to undertake. It is just totally un- school in Sandy Hook. There were 20 being able to go out and buy high-pow- realistic, totally unprecedented. It kids hit, and 20 kids died. These are ered firearms? makes no sense at all. powerful weapons with the capacity Mr. MURPHY. It will shock and sur- I thank the Senator from Rhode Is- not only to discharge an enormous prise you to know, I say to Senator land. amount of ammunition in a short pe- WHITEHOUSE, that it appears to be the I am glad to be joined by Senator riod of time, but the force of it is un- latter. We had one of our colleagues REED. I yield for a question without precedented in the firearms world, and come down to the floor and suggest losing my right to the floor. there is a reason why not a single child there is a way out of this; that we Mr. REED. First, let me commend survived. These are powerful killing could come together and work on a the Senator for this extraordinary and machines that, as you said, were not compromise. I think all of us—Senator principled discussion that the Senator designed for hunting. They were de- BOOKER, Senator BLUMENTHAL, and I— has led, along with Senators signed to kill as many people as pos- were happy to take them up on that ef- BLUMENTHAL and BOOKER. sible, and that is why you see this epic fort. I do have a question, and it stems rate of slaughter when they are used I have noted that we have had 6 from some of the comments I have re- inside schools, inside nightclubs, inside months since the failure of the last ceived from the Chief of Police in the churches. measure to prevent terrorists or sus- State of Rhode Island, Colonel Steven Mr. REED. The Senator also com- pected terrorists from buying weapons O’Donnell, a skilled professional. What mented, and I want to reconfirm it, to work on this. No one in the Repub- Colonel O’Donnell said—and it goes to that one of the characteristics of these lican caucus has approached us about one of the issues that Senator WHITE- weapons is that even in semiautomatic trying to find common ground. It HOUSE discussed, the access to high-ca- mode, there is a high rate of fire, and wasn’t until we took the floor this pacity magazines for these assault the velocity of the rounds are such morning and shut down the process on weapons. Colonel O’Donnell said: that they inflict extreme damage. So this appropriations bill that we started I’ve yet to hear a viable argument for high even if it is in a semiautomatic mode, to see movement on the Republican capacity magazines, what the purpose is. I you have the ability to deliver dev- side about coming up with an alter- have friends that are hunters. They use high astating fire, and coupled with a large native. Now, they did pose an alter- capacity weapons, but not magazines. They magazine, you can keep this fire up. native back in December, but it was a use several rounds to hunt, but they don’t The other point is that changing the miserable alternative that would re- need 15, 30, and 45 round clips to hunt an ani- magazine on one of these weapons is a quire law enforcement to go to court in mal. matter of seconds. It is not a laborious order to stop someone on the list from Is that some of the responses you are task where you have to individually getting a weapon and capped them at getting from some of your law enforce- load rounds into the weapon. That, too, 72 hours to complete that whole proc- ment professionals who deal every day I think increases the lethality. ess. It was ridiculous and ludicrous. with firearms? Again, if the Senator would comment They are probably going to present an- Mr. MURPHY. That is the same re- and concur, the adoption by the mili- other alternative. It is important to sponse we get. I just reflect on one of tary had a logical military purpose—to note that none of that happened until my earlier responses to Senator WHITE- increase the lethality of the weapons we took the floor, and we have had 6 HOUSE, that I have also heard fear in that we are giving to the soldiers, ma- months since the last vote, and, frank- the wake of Sandy Hook from law en- rines, sailors, and airmen of the United ly, 3 days since the shooting in which forcement about their ability to com- States. That is not, I don’t think, what we could have been trying to work that bat an individual who has staked out in you and I would like to see in our civil- out. a school or a workplace who doesn’t en- ian population—weapons for which the Mr. WHITEHOUSE. To the point the gage in a suicide mission but then tries primary purpose is increased lethality. Senator just made—if he will yield for to confront and take on police, that It is not accuracy, necessarily, not for one final question. When the govern- you have 30-round magazines, 100-round a skill in terms of marksmanship, but ment would have to go into court with- drums. That is very difficult to match simply increased lethality. Is that the in 72 hours in order to try to interrupt from law enforcement’s perspective. sense that you have? the sale, presumably that would give I yield for additional questions. Mr. MURPHY. It is, I say to Senator the person on the terrorist watch list Mr. REED. The Senator continually REED. If you think about what we are all sorts of notice about the govern- references military-style assault weap- doing today, the individuals who are ment’s investigative activities and an ons. Frankly, I had the privilege of contemplating lone-wolf attacks are

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We are advertising them, and indi- we should wake up to the new tactics prayed with my hands and prayed with viduals who are contemplating these of our enemy. This is the new tactic of my feet that I found my salvation. lone-wolf attacks are buying them. our enemy—to go buy these weapons Faith without works is dead. Prayer is In fact, I have read quotes earlier and to use them against civilians. The not enough. today on the floor from terrorist genius of what we are proposing is that I stand here first and foremost to ex- it keeps weapons out of the hands of operatives where they are calling on press my gratitude to Senator MURPHY. Americans to purchase these weapons would-be terrorists without affecting We talked during the day, we talked and turn them on civilians because it is the Second Amendment rights of any- into the night, and we chose to be here. so easy to get access to them. This is a one else. I am grateful for his senior Senator, We are talking about such a small very deliberative tactic on behalf of who has been here for the entire dura- number of sales. Over the course of the these very dangerous international ter- tion. These two partners from Con- year, we are talking about 200 some- rorist organizations, and that is one of necticut went through the unimagi- odd sales. Think about that, 200-some the reasons why we think we have to nable when they shared the grief of a wake up to the new reality of the odd sales that would be affected, that would force someone to be denied a community where child after child—20 threat of lone-wolf attacks and change children—were gunned down and mur- our laws. purchase of a weapon because they were on the terrorist watch list. It dered. These two men have been dedi- Mr. REED. Will the Senator yield cated and determined—not yielding, again for a question? stands to reason that we should accept the new tactics of these groups and not giving up, not surrendering to cyn- Mr. MURPHY. I will. icism about government or this body Mr. REED. Essentially, what our ad- amend our laws. but continuing to fight and to fight so versaries are doing is exploiting loop- Here is the Senator from New Jersey. that we would do something about this holes in our law, and they are doing it We have had such a long run of col- problem. very deliberately, very consciously. To leagues coming to the floor that we date, we are standing by and letting haven’t gotten to hear from the Sen- This is the first question I have for them do that. They know where the ators from New Jersey and Con- Senator MURPHY. There is this idea weak points are. The weak points are necticut. I yield to the Senator from that is deep within the history of our not only that you can get these assault New Jersey for a question without Nation, that when there is injustice— weapons, but another point is that a yielding control of the floor. and there is no greater injustice than significant number of weapons were Mr. BOOKER. I appreciate the Sen- the savage murder of our fellow citi- sold without a background check be- ator yielding for a question. I have a zens, the murder of innocents. I have number of questions for Senator MUR- cause they can be done through the seen you time and again—and today is PHY. Internet, through gun show sales, et a model of courage as well as a model I think you bring up a good point. We cetera. We have taken this issue on be- of endurance—take on a Senate that have now been at this for about 81⁄2 fore, and we failed to address those was prepared to move on, a Senate that hours, and we have seen colleague after was prepared to go on with business issues too. colleague. We have worked now Mr. MURPHY. Had we had in place a after the greatest, largest mass killing through the majority of the Democrats ban on individuals who were on the ter- in this Nation’s history. We were going in this caucus who have stood up and rorist watch list to buy a weapon, it to go on with business as usual. In my asked Senator MURPHY question after only would apply to brick-and-mortar conversations into the night last night question. with Senator MURPHY, I saw his deter- stores. Even if Omar Mateen was on I want to start, before I even give a one of those lists and even if we passed mination not to let the business as question, by giving my respect and usual go on in this Senate. a law saying that prohibited him from gratitude to Senator MURPHY. In Isa- buying a weapon, he would have gone iah, it talks about those who wait on I have a number of questions for you. into that store, be told that he couldn’t the Lord, running and not getting But the first one, Senator MURPHY, is buy a weapon, and then he could have weary, walking and not being faint. I that there are a lot of people who are walked right back to his house and see the consistency of his efforts, surrendering to cynicism about govern- gone online and bought one there or which is not just manifest during this ment, a lot of people who are showing waited for the next weekend’s gun filibuster. He has been on his feet now frustration. But yet, you are still going on with this in a way that reflects show, of which there are many in Flor- for 81⁄2 hours, and it is not just today. ida, and bought one there. Senator MURPHY, in his maiden speech those people who didn’t give up on the We don’t know how it would have here in the Senate, stood right there— idea of civil rights in the 1940s and the played out, but without an expansion I know this because at that time I was 1950s and kept pushing legislation— of background checks to people on the still mayor of the city of Newark—and pushing legislation before the 1965 Vot- no-fly list being prohibited to buy gave, still to this day for me of all the ing Rights Act, before the 1964 Civil guns, it is a half measure. I reiterate, Senate speeches I have heard, probably Rights Act, before the consciousness of these are the two things we are asking one of the most eloquent, moving, fac- the country caught up. But this must for—to have consensus on these two tual, compelling speeches on gun vio- be frustrating to you. I have been here issues because they are the right thing lence that I have heard. for 21⁄2 years. You have been here to do, as we are discussing, but they I am grateful today because just yes- longer. We came here tonight—today— also have the support of the American terday, in a caucus meeting that I for a reason. I say today because we are public. think my colleagues who are here will approaching the ninth hour. We are Mr. REED. I have one final question agree got very heated, very emotional, about a half-hour away from the ninth for the Senator. It would seem to me in which he spoke with passion, as did hour. Can you frame one more time that this would essentially deny our other colleagues, he and I began talk- why you are expending your energy fiercest adversaries, the Islamist ing about making sure that this was doing this now, here, in the Senate, es- jihadists who are using the Internet to not business as usual and that we pecially because I know that perhaps radicalize people—not only to didn’t go through the same routines in there are people talking about: Well, radicalize them but, without directly this body every single time there was a they don’t have a shot; they don’t have controlling their conduct, suggesting mass shooting. There are mass shoot- a chance. There are cynics, there are to them the way they can get assault ings with greater and greater routine. critics, and there are pundits probably weapons legally in the United States You have heard it from my col- saying they may not get a vote. The and can arm themselves. If we take leagues. It is an insufficient response majority of Americans, the majority of

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Senator BLUMENTHAL for being here look these families in the eye. How can we be at a point where our from the very beginning. This has been I remember that it took 10 years country is at war with terrorists, with miraculous in its own regard, not just from the attempted assassination of our enemy in places such as Iraq and being able to spend this time with the President Reagan and the maiming of Syria literally trying to egg on and two of you but to have had the major- his press secretary, James Brady, for radicalize young people, saying ‘‘Go to ity of our caucus come to this floor and the Brady handgun bill to be signed America’’? Al Qaeda and others are in- express their support for our deter- into law. It took a decade of political structing them that this is the country mination to move forward this debate action, and it probably took many to go to and buy guns because it is so and, at the very least, to get votes, but nights like this when legislators or ad- easy to get access to guns, thanks to really to try to bring consensus around vocates stood out at a rally or maybe these massive loopholes. That is the this issue. stood on the floor of the Senate or point that brings us here. I don’t think I am breaking con- House and argued until they had no Senator MURPHY and I probably share fidences to share that both Senator more energy left, knowing they weren’t beliefs about gun safety that are not BOOKER and I spoke at our meeting yes- going to get the victory the next day. shared by the majority of gun owners, terday of Democrats in which Senator As I said to my friends in the move- and there are things I heard brought up BOOKER shared an immensely powerful ment back in Connecticut and through- tonight, frankly, that, hey, I might series of stories about his experience as out the country—I know the Senator like. People have talked about maga- mayor of a grief-torn city, his direct has said versions of this as well—every zines and research on this issue. I personal intersection with friends, with great change movement is defined by heard a lot of subjects brought up, but neighbors who had lost their lives. I the moments of failure, not the mo- what brought Senator MURPHY and know how deeply and personally this ments of success. Every great change Senator BLUMENTHAL to the floor for has affected him. movement in this country is defined by almost 9 hours now, with me standing I tell you why I am doing this as the fact that there were times in which here this entire time, is to say: Hey, we maybe a means of telling you why Sen- you could have given up, but you as Americans can agree that someone ator BLUMENTHAL and I are both doing didn’t; you persisted. The changes that who is a suspected terrorist and under this, and I tell you through the prism never happen are the ones where the investigation and might be on a no-fly of a story from the awful, awful series movement, once they hit that brick list—that person should not be able to of days following the shooting in Sandy wall, said ‘‘It is too hard’’ and went buy not just a weapon or handgun but Hook. home. That is the reason we are here, an assault rifle. When you look at this Senator BLUMENTHAL and I went to and I think I am speaking in some way, issue, it is not controversial with the first of what were umpteen wakes shape, or form for the three of us. We Americans. This is not controversial and funerals. We were standing in line want to get votes on these measures, with Republicans. This is not con- at the first wake about to talk to the and we will stand here until we get troversial with NRA members because first set of parents who had lost, in this those votes. But even if we don’t, it is the overwhelming majority of them case, their young daughter. I remember important to continue to engage in the agree that we should not be a country being so uncertain about what we were fight. where a person can’t get on a plane in supposed to say to these parents—not Mr. BOOKER. That is the first part of Newark, NJ, but they can drive to a just what you are supposed to say to the framing that is very important— private seller or a gun show or go on provide some measure of condolence, this determination that we will not do the Internet and buy a gun. but we were their elected representa- business as usual and that this fight The second of three questions I have tives. We had some additional obliga- will not stop. We will take this fight to is that this not a radical thing the Sen- tion to show them that we were ready the Senate floor, we will take this fight ators from Connecticut are asking for. act, but was it too soon to make that to legislators, and we will take this Senator MURPHY is not calling for offer? Was it not the right moment to fight to neighborhoods and commu- something controversial. This is some- suggest that there was a public policy nities. It is not a physical fight. It is a thing that, at this point, is common response to the slaughter of their chil- fight, in my opinion, of love. It is a sense and is agreed upon by over 70 per- dren? It was Senator BLUMENTHAL who fight that says we can be a country cent of gun owners. I am not sure if very gently and appropriately said to that affirms people’s right to own there is an elected official in the Sen- the mother and father as we walked by weapons. We heard from one of our ate that has a 70-plus percent approval the closed casket: Whenever you are closest friends in the Senate, Mr. HEIN- rating. Rarely do you see people agree ready, we will be there to fight. The fa- RICH, who is an ardent gun owner. He is that greatly. ther said: We are ready now. This was a hunter. As a vegan, I have seen some Could the Senator please explain why probably not 48 hours after the death of pictures of what he has shot and killed, he is taking a stand on this issue right their 6- or 7-year-old daughter. and he takes great pride and joy in now and what it is that he thinks we We have been thinking about this ne- that. What we are talking about—and should be able to achieve on this com- cessity, this imperative of action, since this gets me to the next area of ques- mon ground for the common good? that moment. It gets harder and harder tioning—is that it is not about hunters, Mr. MURPHY. Mr. President, I appre- to look into the eyes of those parents it is not about people who want guns ciate the Senator talking about what a and surviving children and explain to for self-defense, and it is not about peo- limited ask we are making here. Let’s them why this body has not acted. It ple who want guns because they love talk about the scope of the limitation gets harder and harder to defend the the sport. Senator BENNET took me out on gun ownership. We are asking that complete silence from this institution skeet shooting when I was in Colorado. those people who are on a terrorist in the face of murder after murder. It is not about the folks who want guns watch list and on a no-fly list be added Franklin Delano Roosevelt wasn’t for that. This is about something very to those who are those prohibited from confident that everything he proposed narrow, and that is the question that I buying guns. We have data that tells us was going to solve the economic crisis have, which is the second part of this how many of those individuals are buy- of the 1930s and 1940s, but he was framing. I have heard some people talk ing guns every year because they can damned if he wasn’t going to try some- about this in partisan terms. The truth match one list to the other, even thing. He and his aides talked unabash- is that this may be a partisan issue in though they don’t intersect in a way edly and unapologetically about trial Washington-speak, but when I go back that prohibits the purchase. What we and error. If we try one thing and it to New Jersey—I go to communities know is that there are only about 200

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.088 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE June 15, 2016 CONGRESSIONAL RECORD — SENATE S3945 sales at gun stores every year from leave the front door open or vice versa. shootings and murders as too many in people who are on those lists. So we are That is what we are proposing. If we Newark when I was mayor. I could only talking about a minuscule limitation believe in a commitment to stop indi- find one case—one case—where a law- on the right, which is to take a small viduals who are associated with terror- abiding citizen used a gun in violence. handful of individuals who have been ists from buying guns, then you have The problem we saw overwhelmingly in placed on a terrorist no-fly list, and to lock both doors. You have to stop our city was that criminals who should saying that they shouldn’t be able to them from buying guns when they have been stopped were using these get a weapon and building into it a walk into a brick-and-mortar store, loopholes to buy lots of weapons and process to grieve that limitation so if but then you have to acknowledge that engage in criminal activity. So much there is a mistake that is made, you it is frankly easier for individuals to of the carnage in our communities is can have your right restored. We are just type in one of the main online happening when criminals can easily talking about a few hundred sales a arms sellers and buy a weapon that get access to guns. year. You could say: Oh, it is a few way because it is faster, it can get de- You and I have had this conversation hundred sales, so why does that mat- livered right to your door, and you privately so many times. I have sat ter? Well, if you get it wrong once, it is don’t have to go through a background with you in Connecticut cities. We a mass slaughter. It is a small number check. have seen the impact and the pain and of sales, a minuscule limitation, with If you really want to make a commit- the agony of murder after murder after potentially enormous reward when it ment to preventing terrorists from get- murder after murder in our cities. And comes to public safety. ting guns, then you have to do both. this commonsense terrorist loophole Mr. BOOKER. Mr. President, I said You have to put them on the list and closure—would the Senator please ex- one more question, but I have two then you have to reconcile the fact plain how that will also constrict the more questions. This is sort of a pro- that 40 percent of sales today are hap- ability for all criminals committing gression. My friend is here today be- pening outside of that pathway. By the murders at rates not seen anywhere on cause of a commitment Senator MUR- way, the added benefit of that is that the planet Earth, because someone who PHY made in his maiden speech in the you are shutting down the pathway has restrictions on them for buying U.S. Senate—a consistent sense of be- that criminals have been using for a guns for domestic violence, stalking, lief that my friend will never give up decade in order to get these weapons, threatening a woman, can go get a gun; until we have commonsense gun safety and you will have a dramatic effect on somebody who is an ex-con for a vio- in America. After the grievous act that the slaughter that is happening in our lent crime can go get a gun. Why is we saw in Florida, where 49 innocent cities, as well, by limiting the flow of this also important because of the col- people were slaughtered, Senator MUR- illegal arms into the cities. lateral benefits that would come about PHY, Senator BLUMENTHAL, countless Mr. BOOKER. So the last question— from this commonsense constricting Senators, and I—at least half of our and I know the senior Senator from and closing of the terrorist loophole? (Mr. GARDNER assumed the Chair.) caucus has come down here and said Connecticut would like to ask a ques- Mr. MURPHY. I say to Senator BOOK- the same thing: Enough is enough. We tion. But this is where I have to say it ER, there is nobody better than you in can’t let business as usual happen. becomes deeply personal to me, be- making people understand the human No. 2, and the reason my friend stood cause what you are talking about there up and has been holding the floor for consequences of inaction and the po- is your persistent, unyielding fight for tential for human benefit of action, so 91⁄2 hours, has been in order to say: commonsense gun legislation from the I am not going to try to compete. Let Hey, the terrorist loophole should be second you walked into the U.S. Sen- closed. There is one more element to me give the statistics. Let me tell my ate, to the noncontroversial idea that colleagues what happens in States that this progression—an indefatigable Sen- terrorists in America—people who are impose rigorous systems of background ator with a noncontroversial element suspected terrorists—should not be al- checks. in terms of the terrorist loophole, but lowed to buy assault weapons, period. There are 64 percent fewer guns traf- now there is this other piece, which is And your comment that that affects a ficked out of State, there are 48 per- just common sense, and I want to take very small universe of people, that in cent fewer firearm suicides, there are that one step and ask that my friend go order to make that ironclad—again, 48 percent fewer police killed by hand- a little deeper with it. That last step is nothing is going to stop everybody, but guns, there are 46 percent fewer women this: If you just have the terrorist loop- this is doing something that will con- who are shot to death by intimate hole closed but don’t have universal strict access to terrorists—you have to partners, and there are 17 percent fewer background checks—in other words, if do a universal background check, so aggravated assaults with guns. Those you close the terrorist loophole so that you close the back door, as you said. numbers could be even better if there anybody who goes to a Federal firearm Now, this is what gets personal to me was a national commitment to the licensed dealer or goes to a NICS even more so because it is more than same concept because, as Senator DUR- check, that stops that terrorist, but if all this. When you do that, you are not BIN has told us, as tough as Illinois’ you still have these Internet and pri- affecting sports people; you are not af- laws are, all it takes is for a criminal vate sales, that terrorist, who probably fecting Second Amendment right be- to go across the border into Indiana will not even go to that Federal arms lievers who believe that I need to have and buy guns at a gun show or buy licensee, will go to the back doors that my right to bear arms; you are not af- them online or get them from an un- are still wide open for people to get fecting folks who are worried about regulated dealer and bring them back guns. So what the Senator from Con- self-defense and want to have a gun to into Chicago. And what every police necticut is saying is that he is not giv- defend themselves; who you are affect- chief will tell you is that the fewer ille- ing up. No. 2, 70-plus percent of NRA ing when you do that is not just terror- gal guns on the street, the fewer crimes members agree with me on what I am ists, but you actually have a collateral there are. The harder you make it for asking for. This last step, where the benefit when you tighten up the sys- an individual at a moment of passion majority of gun owners in America tem that you then stop criminals of all or a moment of frustration or whatever agree, why is it important to also categories from getting guns. that moment may be to get a gun, the make sure that if we want to stop ter- We live in a nation where women are less likely you are to have a homicide. rorists from doing what they did in Or- victims of violence at astonishing Senator BLUMENTHAL and I went to a lando—if we do nothing, it may happen rates. You close down that system for meeting of activists on this issue in again, God forbid. Why is this universal terrorists, you are going to make it Hartford, CT, a few weeks after the background check element the second much harder for someone who seeks to Newtown shooting, and they were furi- thing my friend is standing up for engage in domestic violence with a ous. They were furious that the world today, along with his colleagues? firearm—you are going to shut down had woken up to gun violence because Mr. MURPHY. Mr. President, when I their access. You are going to shut of Newtown after it had been a reality go to bed at night, I lock the front and down criminals from getting guns. to them for so long. the back doors. It doesn’t do much This is really what I experienced as a That is the genius of what we are good to lock only the back door and U.S. mayor. I looked at all of my proposing. Without taking away any

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.090 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE S3946 CONGRESSIONAL RECORD — SENATE June 15, 2016 Second Amendment rights, Senator checks, CDC research into gun violence, lim- letic director. He can still remember BOOKER, we are able with this proposal iting magazine capacity, restriction of gun Morris because she ‘‘played the game to both extend protections to Ameri- ownership to domestic abusers and people on to her fullest.’’ She was ‘‘a tenacious’’ cans who might be the victim of a ter- terrorist watch lists, to name a few. One of small forward on the basketball team the most infuriating aspects of the continued as well at Post University in Water- ror attack but also individuals who mass shootings in this country is that they right now are living with the everyday are so eminently preventable. We can’t do bury. Her teammate Narvell Benning, slaughter that happens in our cities. much about earthquakes or hurricanes, but who played for the men’s team, said: I am happy to yield to my friend it is pretty simple to just NOT SELL mili- ‘‘She didn’t let nobody push her from Connecticut for a question with- tary grade weapons to civilians or just NOT around.’’ She was 37 years old. She is out relinquishing the floor. SELL AR–15s to domestic abusers who have among the older victims who were Mr. BLUMENTHAL. Senator MUR- been investigated by the FBI for terrorist killed in Orlando. PHY’s very eloquent reference to a fam- connections and threats. What is so striking about the biog- ily we met just a day or so after the I am furious and feel powerless. I beg you raphies of these men and women is how loss of their child brings back a mem- to stand up for me, my family, everyone who has ever lost family or friends to senseless young they are and how much life they ory that always evokes an almost inde- gun violence, and for our society as a whole, had ahead. They were not as young as scribable emotion from me. My heart which we are currently failing to protect. the 6-year-olds gunned down in Sandy goes to my throat whenever I think of Enough is enough. Hook, those 20 beautiful children, but that couple saying to me: We are ready That is from a young person who Kimberly, like those children, had her now, ready to help, ready to take ac- lives in Danbury, CT. It summarizes whole life ahead. tion. And that has been the story of the the feeling of powerlessness and help- So my question to my colleague is Newtown and Sandy Hook families who lessness and fury that Americans all whether Connecticut still feels the im- lived through that loss. They came across the country feel. pact, and whether Connecticut wants here and told their stories to our col- Just to give one example, I under- us to act at a national level as well, as leagues, nearly achieved—or helped us stand that in the last 96 hours, 500,000 the Nation? Mr. MURPHY. I thank the Senator achieve—a victory. We came within people have signed a petition in favor for the question. Connecticut is still four or five votes of that outcome. And of banning assault weapons—half a mil- dealing with this tragedy to this day. from the Gallery of the Chamber, when lion people in just 96 hours, a petition Newtown is a community that has not we failed came the cry ‘‘shame,’’ and it circulated by MoveOn.org. was indeed shameful that the Senate Assault weapons are designed for one recovered. Connecticut wants us to act not just because they don’t understand failed to move forward. purpose: to kill as many people as pos- the inaction of this place but they have My colleague from New Jersey, Sen- sible as quickly as possible. They are seen the benefits of stronger gun laws. ator BOOKER, has described the real- combat hardened and tested and used. Connecticut responded in a bipartisan world impact in such graphic and pow- They are military-style assault weap- way. Republicans and Democrats came erful terms that I hesitate to follow ons—AR–15s. As some of our colleagues together and passed legislation to ban him, but I want to make two points have said, most hunters would not use major assault weapons and extended and ask my colleague from Con- them to shoot deer or other animals. background checks to more sales, and necticut whether he agrees with them. Yet they are sold freely. we have seen an immediate diminution The first is that those families from Our request is a much more limited in the number of gun crimes in our Connecticut in a sense represented the one than even assault weapons, as State. We have seen an immediate im- community as a whole—the Newtown much as they need to be banned in pact on the safety of residents. So peo- community, the Connecticut commu- terms of new sales. We are simply say- ple in Connecticut want us to act be- nity—through organizations like ing don’t sell those weapons to some- cause they acted like grown-ups in Sandy Hook Promise and the Newtown body who is on the terrorist watch list, Action Alliance and others around the Connecticut. somebody who is under investigation The minority leader of the State sen- country—Everytown, Americans for for potentially being supported and ate, who wanted to run for Governor, Responsible Solutions. They are doing funded and maybe educated and trained put his political future in peril by sit- what proponents of sensible, common- by one of our adversaries, our enemies ting down at the table and negotiating sense measures have done for much abroad, like ISIS. And don’t sell those a compromise. He stands by it today longer, which is to organize and to gal- kinds of weapons or any others to any- because that compromise saved lives. vanize and educate and raise aware- one without a background check be- So the people of Connecticut want us ness. And that, in the end, will be the cause they may fit that category or the to act, Senator BLUMENTHAL, and that way we win. I pay tribute to them to- other prohibited categories that are al- is the reason we are here today. night. I thank them and the families ready in the law. It is simply a means Senator BLUMENTHAL, if I could, I for their courage and strength again. of enforcing the law. would just note for a moment, before I I want to bring this issue home to These proposals are really relatively hand it over to Senator CASEY, that Connecticut, where my friend and col- modest, and so are the others that this when one of our colleagues had a mo- league Senator MURPHY and I live and young person has advocated that we ment to hold the floor for an extended where we went through the searing ex- adopt—‘‘obvious and basic safeguards,’’ period of time, he read a story to his perience of the Newtown tragedy. I had to quote him or her, ‘‘to gun ownership kids who were at home. I actually been involved for two decades in gun such as universal background checks, didn’t know this was going to occur, violence prevention, helping to advo- CDC research into gun violence, lim- but my oldest little boy just showed up cate and then to defend in court our iting magazine capacity, restricting in the gallery, and, A, you are supposed ban on assault weapons—one of the gun ownership to domestic abusers and to be in bed, and, B, I am sorry that I first State laws in the country. But people on terrorist watch lists, to name missed pizza night, and, C, I hope that that experience transformed many of a few.’’ All of them should be adopted. you will understand some day why we us in our State, and it impacted people We are asking for two. We are asking are doing this, why we have been of all ages to be more vigorous advo- for votes. We are asking for action. standing here for 8 hours trying to cates and more articulate advocates. And we are saying: No more business as fight to make our country a safer and I want to read a letter from a young usual. better place, and why, sometimes, even man who lives in Danbury, CT. Connecticut also had a connection to if you don’t get everything that you I am a constituent of yours and I became Orlando—a 37-year-old young woman want, trying hard, trying and trying a victim of gun violence when my 7-year-old named Kimberly Morris, educated in and trying to do the right thing is ulti- cousin, Daniel Barden, was murdered at Torrington, CT, at the Torrington High mately just as important as getting Sandy Hook Elementary School in 2012. I am School and then at Post University in no longer ‘‘saddened’’ by recent mass shoot- the outcome in the end. So go to bed. ings; I am instead angry and frustrated by Waterbury, CT. Kimberly Morris was But this is, for those of us who are the inaction of this Nation’s leaders to im- known as a ‘‘scrappy player,’’ accord- parents, deeply personal. This is about plement obvious and basic safeguards to gun ing to Charlie McSpiritt, the protecting not just every kid in this ownership such as universal background Torrington High School’s former ath- country but our kids personally.

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.091 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE June 15, 2016 CONGRESSIONAL RECORD — SENATE S3947 I yield to Senator CASEY for a ques- other page, and they needed two pages asking for here is a model of reason- tion without losing control of the floor. of it, obviously, because of the number ableness. We are asking for a simple so- Mr. CASEY. I want to thank Senator of victims. I didn’t count, but if that is lution to a very discreet but horrific MURPHY. not 49, it is close to 49. Each of them problem. If you are too dangerous to Mr. MURPHY. My wife is up there, has a story as well. So just as the chil- get on an airplane, if we have made by the way, too. He didn’t come alone, dren whose stories were summarized in that determination, why would you be by the way. the Wall Street Journal in 2012, today’s allowed to have a firearm? Why would Mr. CASEY. For anyone within the Washington Post—and I am sure many a terrorist or potential terrorist be al- sound of my voice related to Senator other papers—have these stories. lowed to have a firearm? Let’s solve MURPHY, my question is a basic one, We don’t have time to go through that one problem. but I think it is fundamental to his ef- every story, but I was inspired by the Then, of course, there is the problem forts. I will address Senator MURPHY lives of those children, what they that we have tried to solve in 2013— and say that your efforts and the ef- meant to their families and what their background checks, which, at last forts of those you have worked with, life meant to their community, and count, was about a 90–10 issue in the not only today but on other days—Sen- how in their very young lives they had United States of America. This is a ator BLUMENTHAL, who is with you already begun to achieve significant reasonable and sensible set of requests, today, has been working so hard on things in their life, either by making just two in number. I can go on with these issues, and Senator BOOKER. The their sisters or brothers happy or by others, but I won’t. three of you have been—if there is a comforting their sisters and brothers Let me just conclude with Sandy way to express inspiration beyond just and family and friends. I am sure the Hook for a moment. We all know the using that terminology, I would like to same will be said of those who lost horror of what happened there and the hear it, because it has been so—an in- their lives in Orlando. impact it had on all of our lives, but spiration. Let me give you two examples in the Senator BOOKER reminded us yesterday My basic question is this, and I will interest of time. This is on page A–11 in that in so many communities and in so ask you to hold your answer for just a the Washington Post today. It is one of many inner cities in America they couple of minutes. My question is this: the many vignettes. I mentioned Akyra have large numbers of gun deaths every How do you stay focused? How do you Monet Murray, 18 years old, who hap- single week, and in some communities stay inspired to continue this fight, pened to be from Philadelphia. I talked every single day. I won’t mention a list which for you hasn’t been just hours about her earlier today. She was third of cities or communities, to not be ex- long or days long or weeks, but it has in her class and on her way to a bas- haustive, but I think people know literally been for years? I will ask for- ketball scholarship, and she happened them. We have to figure out a way to bearance for just a couple of minutes to be in Orlando, FL. She was killed. stay focused on those communities to give you a sense of part of the moti- She was a remarkable young woman. I even as we focus on the horror and vation that I have. wish I knew her, but she had just grad- gravity and dimensions of what hap- I am holding here—it will be difficult uated from West Catholic in Philadel- pened in Orlando or Newtown or Sandy to see from far away, but this is a one- phia. Hook or so many other places. page tear sheet from the Wall Street Here is someone as well who died in Let’s think about this just for a mo- Journal dated Monday, December 17, Orlando. Brenda Lee Marquez McCool, ment, before I, at long last, ask my 2012. It says at the top: ‘‘Connecticut 49 years old, is one of the oldest on question or ask for the answer to Sen- School Shooting.’’ The headline below these 2 pages. Many of them listed, as ator MURPHY. How about school shoot- that, in larger letters, says: ‘‘Shattered many people here know, were 25 and 21 ings since Sandy Hook? What do we Lives.’’ I, obviously, won’t read it all, and 18 and 24 and 22, and on and on. But find there? Since Sandy Hook, a gun but this has been on my desk since that here are the first two lines of this vi- has been fired on school grounds nearly week. We can see it is a bit yellowed, gnette about Brenda Lee Marquez once a week for a total of 188 school and every story here has an element of McCool. A two-time cancer survivor, shootings, including several in my inspiration that is almost unimagi- McCool was first diagnosed with cancer home State of Pennsylvania, according nable. I mention that because I am about 8 years ago. This is what her ex- to data compiled by Every Town For from Pennsylvania. I don’t represent husband Robert Presley said: ‘‘The doc- Gun Safety. This has happened weekly the State of Connecticut, but this trag- tor gave her a year to live. She lived since Newtown. It is not as if we have edy in Connecticut, at Newtown’s eight, until this nonsense.’’ these events and we focus on them and Sandy Hook Elementary School, stays She lived 8 years after a diagnosis of then the problem recedes as we recede with all of us for different reasons— cancer. So her life and her fight to in our action or lack of action, in our maybe because some of us are parents, overcome cancer should be a reminder focus, in our determination, in our maybe because we were struck by the for us that this is a long fight. She lost sense of urgency. The problem does not gravity of the enormity and brutality her life ultimately, but she beat cancer go away. The problem is not going of that crime on what so many of us for a long time, even though she lost away. If anything, it is growing in di- have called that awful day. But, I will her life this weekend. mension. tell you, I don’t think I have been as I will give you one more. There are so Just look at the data on how this affected by a news event other than 9/ many more, but we just don’t have problem has grown since the 1960s and 11 in my life, and certainly not one time tonight to go through all. Shane 1970s. It just didn’t happen in those that ever affected in the way that it Evan Tomlinson was 33. He was work- days. It didn’t even happen much in the had a connection to what I would do ing that night, playing in a band, and 1980s, but if you look at 1990 forward, and how I would vote. So this tragedy he left there to go to the club, to be you see incident after incident. In 2000 in Newtown in 2012 directly affected able to relax a little bit after working. and forward, it goes on and on. So if the way I would vote. It changed my He was a member of an all-male gospel anything, it is accelerating at a pace thinking in so many different ways. I choir at the House of Blues in Orlando. that no one—no one in this body— won’t walk through all of that tonight. Again, he was 33 years old. should be content about. But as much as these stories of these So I don’t want to keep adding to So that means that every week— children inspired me then and continue this chronicle. None of us want to. We every single week—there is some to inspire me, I don’t want to add an- all want to figure out a way to make schoolchild or school student. This other set of stories to my desk or keep progress on this issue, to finally say to goes all the way, obviously, to colleges adding to the chronicle of suffering and ourselves that as Americans we can and universities. So every single week the chronicle of murder and destruc- come together and take even incre- some group of Americans who happen tion that gun violence will leave with mental steps. But, I think, for this to be children or young adults are in a us. week that would be significant. As all school setting of one kind or another, Today the Washington Post—and I three Senators—Senator MURPHY, Sen- and they are either the direct victim or will just open this up for illustrative ator BLUMENTHAL, and Senator BOOK- the victim who lives through that hor- purposes—had one page and then an- ER—have reminded us, what we are ror and has the imprint of that horror

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.093 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE S3948 CONGRESSIONAL RECORD — SENATE June 15, 2016 for the rest of their lives. That is the that won World War II. Without our ually review these amendments, cas- reality. participation, the Allies could never ually think about this issue, and just So to anyone who thinks this is just have won. That is who America was. stay in your lane, which the lane is, for a random occurrence, go to a school in That was a pretty tough problem, try- a number of people here, the usual re- a lot of places and talk to people in ing to defeat the Axis powers and try- sponse is no laws will change this. I am schools and go to our cities. I think we ing to take on these powerful military glad we didn’t say that after 9/11, by could all learn a lot. machines, but we figured out a way to the way. It is a good thing we didn’t do I want to just mention a few more do that as a nation. We all came to- that as a nation—no laws will change statistics because we were talking gether. us, no policy will change us. I hope in about children. Numbers don’t ever We all came together after 9/11. It is light of what Caroline has taught us paint the right picture, but they are in- a complicated problem involving that we will all be responsible, serious, structive on a night like tonight. rights, having to stand in line and say: and sober about what we do here, and I live in a State which has a proud I am going to participate in this proc- we will examine our conscience, to use tradition of support for the Second ess to make our airlines safe so we an old expression. Amendment—and I mean really strong, don’t have airplanes flying into build- Is there something you can do with like maybe no other State in the coun- ings. your vote this week, next week, next try, maybe one or two others but not That was a big problem, but we did month, or next year that will help many—a strong tradition of hunting not surrender to the terrorists after 9/ solve a part of this problem? Because and sport. Hunting is almost a part of 11. We came together and figured out a this is a big problem which has not not just the culture of our State but solution to a problem. We haven’t gone away, and every one of our lives is part of family life. Fathers and sons go solved the terrorism problem. We have going to be affected by it in some way out and hunt, and I am sure fathers and certainly solved the problem of pre- or another going forward. Many of us daughters or mothers and daughters. It venting terrorists from taking an air- have seen too much of this in our is part of growing up in some commu- plane and flying it into a building, not States and in our communities. nities. They go out and hunt, they par- only to kill thousands of people but to Finally, Senator MURPHY, I will ask ticipate in a tradition, they work to do create untold kinds of fear. you this question. I will not guess at it safely, they do a lot of training, and Where does that leave us with the the answer. In light of those stories— they pass on from one generation to children of Sandy Hook? Well, I will and you know the stories, you know another not just the experience but the take another day to read some of the the families personally, I do not—how rules and the way to do things. stories, but let me just leave you with do you stay focused on a goal, the goal We have as strong a tradition as any one thought. I want to ask Senator that you are pursuing and we are talk- of the country. By some estimates, MURPHY a question after I read this. ing about tonight, and how do you stay One of the children killed that day— there are about a million gun owners. I inspired in the midst of and in the ab- and every child’s story is worthy of don’t know where that puts us in the sence of significant progress? mention, but in the interest of time I Mr. MURPHY. Thank you, Senator rankings, but it is no lower than sec- will highlight, and it will be a high- CASEY, for that question. I thank you ond or third or fourth in the country. for how you have conducted yourself We have a lot of people in our State light of one, Caroline Previdi. Caroline was 6 when she lost her life at Sandy since the shooting in Sandy Hook. I that not only value the Second Amend- Hook Elementary School. was remarking to Senator WARNER on ment, but the benefits of that amend- Among other things they wrote: the same topic, but it was really you ment for their lives are significant be- Caroline loved to draw and dance. Her and Senator WARNER who, in the days cause they get to own a gun to hunt smile brought happiness to everyone she following the shooting, came out and and in some cases obviously to protect touched. said we need to engage, we need to themselves or their families. That is what her obituary read at the change something, and we are willing This is what the numbers tell us age of 6. to change our minds or our level of ad- about just gun violence in a State like She will be remembered for accom- vocacy. You were one of the most per- Pennsylvania as it relates to children panying a nervous kindergartner on suasive voices on behalf of the families only. According to the Pennsylvania the schoolbus. Caroline, a first grader, of Sandy Hook in the days and weeks Trauma Systems Foundation, every sat with Karen Dryer’s son Logan on following, and you have been so gen- year about 400 children—meaning indi- the bus each day. This is what Mrs. erous to meet with them, as have many viduals under the age of 20. That is the Dryer said about Caroline: She sat with of my colleagues when they come here. cutoff. They don’t say under 18. This is her son Logan so that he wasn’t scared. In answer to your question, I go back under 20, so children, and I guess you That is what a grateful mother said to those families. Probably the worst could say young adults. Four hundred about little Caroline and about what day that I have had legislatively while are treated for firearm injuries in the she did before she died. I have been here was the day in which Commonwealth of Pennsylvania. This What does that mean for tonight? If that background check bill failed. Re- number does not count the children little Caroline, at the age of 6, could member, it didn’t really fail. It got the who die at the scene, like most firearm comfort someone younger than she was majority of this Senate to vote for it, suicide victims, so it doesn’t even on the bus every day, knowing he was but it failed because of a Republican- count some young people. afraid, knowing he was scared or wor- led filibuster. In 2013, there were 1,378 firearm-re- ried about what was happening in his I thank Representative SWALWELL lated injuries in Pennsylvania. Almost life, a kindergartner on a bus—if Caro- and Representative GABBARD for join- half of these were persons under the line could do that and show not just a ing us on the floor today. I really ap- age of 25 years old. In that same year measure of courage but really a meas- preciate our friends from the House of 2013, the same year as Newtown, ure of responsibility—she took respon- being here. 1,670 children under 18 died by gunshot sibility in her young life to help solve I remember standing with them after and an additional 9,718 were injured. So the one problem that one of her class- that bill failed. They whispered to me in just 1 year in one State, 1,670 chil- mates or ‘‘almost’’ classmate, that one some version of a very simple idea. dren died by gunshot, 9,718 were in- of her friends was having—I think we They said: We aren’t advocates for 4 jured. should take inspiration from Caroline’s months. We are advocates for 40 years, That is the reality. When we consider sense of responsibility. She thought ap- right? A tragedy like Sandy Hook, like the gravity of this problem in our cit- parently it was her duty to help some- Orlando or like Aurora, it fundamen- ies, in communities of all kinds, and one younger than she was and to give tally reorders the lives of those who most tragically in Orlando, FL, we them comfort, to give a measure of se- are affected. The reason I think this know it is a problem of great signifi- curity. In her young life, in that little Congress has been focused on this ques- cance, dimension, and complexity. We world that she was, she figured out a tion perpetually since Sandy Hook is know this is not easy to solve, but we way to be responsible. because those families continue to know our country has faced huge chal- I hope that people across this Cham- come here, continue to show up at our lenges in the past. We are the country ber will do more than just kind of cas- doors, and continue to press.

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.094 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE June 15, 2016 CONGRESSIONAL RECORD — SENATE S3949 The simple answer to your question talking about Al Qaeda. We were talk- will have an opportunity to protest is as long as those families aren’t going ing about plots. We were talking about that list and to have their names ex- to give up, then we are not going to people coming here using airplanes, punged if they can make the case that give up. There is no more articulate otherwise penetrating this country there was something wrong with their spokesman in the Senate for children from abroad. being on the list; is that correct? than you, Senator CASEY. What has happened is that the ter- Mr. MURPHY. It is correct. It is cor- I have a feeling that so long as chil- rorist threat has become homegrown. rect, and that is an important facet of dren’s lives are at risk because we are In fact, there is even a term for it of the amendment Senator FEINSTEIN has choosing to allow for dangerous crimi- homegrown extremists or local terror- submitted. nals and potential terrorists to get ists. But it is also important, as we re- weapons, that you are not going to stop ISIS is here. Every place there is a marked earlier—perhaps when you either. I appreciate you being a big computer with an Internet connection, were on the floor, Senator KING—to un- part of our effort on the floor today. ISIS is there, and people like the derstand the scope of this. We are talk- With that, I yield the floor for a shooter in Orlando may never go to the ing about a very small number of sales question, without relinquishing control Middle East. I think he actually had that actually would be affected. In 2015, of it, to Senator KING. traveled, but many of the people in- thanks to a report Senator FEINSTEIN Mr. KING. I say to the Senator, I volved in this threat to our Nation released, we know that in that year have a series of questions and some never leave the United States. there were only about 215 sales at gun comments. So here is what we are doing, and stores to individuals who were on the First, I come from a predominantly here is why your amendment makes so terrorist watch list. So it is a very rural State with a very high number of much sense. We are spending millions small number of sales we are talking gun owners, a very low rate of gun of dollars—in fact, billions over the about in the first place. crime. past 15 years—to counteract this ter- Mr. KING. But if someone says: Well, What you are talking about here rorist threat, and it suddenly occurred if that is such a small number, why are today, adding the terrorist watch list to me, as I was thinking through it, we we bothering? Because it only takes as one of the elements of the back- are spending millions of dollars to one to kill a number of people. ground check and covering the non- bomb ISIS’s weapons supplies in Syria Mr. MURPHY. Correct. Mr. KING. And that is really the es- covered parts of gun sales, online gun and Iraq, and they can buy their weap- sence of what the Senator is talking shows, will that have any practical ef- ons here. How much sense does that about. make? It is just crazy that we are fect on the gun owners in Maine? As I understand it, there are two Mr. MURPHY. It will not have any spending millions of dollars to inter- parts of what we are talking about practical effect on the law-abiding gun dict their weapons supply and yet the today. By the way, the Senator is not owners in Maine, and that is whom you people who are here, who are under talking about an assault weapons ban and I are talking to. The only effect it their thrall, who are thinking about or magazine control or any of those would have is upon criminals or felons terrorist acts and whom they are in- things; we are really talking about two who are attempting to circumvent our spiring to these acts, can walk out and things. The first is the terrorist watch laws and get weapons by avoiding get a gun without any hesitation as list. If you are on the list, you can’t background checks. The only effect it long as they do not violate one of the buy a gun. No fly, no buy. The second would have is if there were individuals terms of the current law. is to fill the loophole in the back- in Maine who were the subject of ter- The other piece of this that I think is ground check system because, as I un- rorist investigations. They would be important is that the current law that derstand the Senator’s argument, if we prevented from buying weapons, but of has the list of prohibitions—mental ill- say ‘‘If you are on the watch list, you course even those individuals—if they ness, felony, domestic violence, and can’t buy a gun,’’ but there is this gap- thought they were on the list for the there are nine—was passed in 1993. The ing 40 percent loophole where you wrong reasons—would have a process world is enormously and fundamen- could get a gun without any check to grieve that. But for law-abiding citi- tally different than it was in 1993. In whatsoever, then it doesn’t matter. zens in Maine or Connecticut or Penn- 1993 we had barely heard of Al Qaeda. Anybody—a felon or anybody—could sylvania or New Jersey, this law has no There was no ISIS. There was very lit- get a gun under that circumstance. Is impact on them. tle threat or acknowledgment or un- that the logical progression? Mr. KING. It will have no practical derstanding of domestic terrorism Mr. MURPHY. That is exactly right. effect. They will still be able to buy whatsoever. But now we are in ter- And I think my colleague very smartly guns in either place. They would have rorism 2.0. What happened in Orlando referred back to the initiation of the to go through the instant background is exactly what we have been hearing background check system, where no check and the law as if they were a about in the Intelligence Committee, one was contemplating a terrorist felon or something like that. Then what has been predicted by all our in- watch list or a no-fly list existing. It is they would be prevented. But other telligence officials, and what many of the same thing with Internet sales, it than that, this isn’t going to have any us have been talking about. It is the is the same thing with armslist.com, practical effect on the practical law- nightmare scenario of an American and it is the same thing with gun abiding gun owners in Maine? who is radicalized online, who goes out shows. Back when we passed the back- Mr. MURPHY. It will have no effect and gets a gun and kills 50 people. That ground checks law, the vast majority on law-abiding gun owners in Maine or is the hardest threat to stop because of gun sales were done in bricks-and- anywhere else. This has nothing to do there is no plot, there is no email trail, mortar stores. What has happened is with those individuals. and there are very few phone calls. that sales have migrated into other Mr. KING. I want to take a slightly There is nothing. It is hard for our in- forms, especially online. different view than I have heard today telligence community to track some- So in all of these respects, as the on the issue of terrorism. one like that. But if we have some Senator is accurately pointing out, all I am on the Intelligence Committee. knowledge of them, if they are in our we are really seeking to do is to have Every Tuesday afternoon and Thursday database—to me, it just makes com- the law and the initial intent of it afternoon that we are in session we mon sense that should be added to the catch up with the trajectory of time. meet upstairs in a closed room. Ever list of disqualifications for buying Mr. KING. And I find it hard to be- since I have been here in January of guns. lieve that if we were debating that law 2013, the subject in one way or another This is no threat to anybody who is in 1993 under the current cir- has been terrorism, has been the not on such a list. And I understand— cumstances, that some cognizance threats that this country is facing and the Senator can please comment— wouldn’t have been taken of the risk of around the world. the legislation we are talking about domestic terrorists. What has happened in the last 4 years has a constitutional escape hatch for Mr. MURPHY. I don’t think there is a subtle change in the nature of that people who are wrongly on the list or would have been any question that cat- threat. When we first came, we were whose names are mixed up, and they egory would have been included. That

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.096 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE S3950 CONGRESSIONAL RECORD — SENATE June 15, 2016 is probably why 80 percent of Ameri- I am so glad we are bringing together Fourth and Fifth Amendments that cans support the adoption of this this question of how we respond to ter- have issues of privacy and issues of gun amendment or some version of it. rorism and how we protect Americans ownership, and we have to constantly Mr. KING. By the way, I would men- from the consequences of loose gun balance and calibrate those provisions tion that since the Senator has been on laws because there is also this jux- based upon technology and reality, cir- the floor today, 10 people have been taposition in which these terrorist at- cumstances, and facts. murdered with guns. It is about one an tacks are either about the fight against We have a new set of facts. We are hour. Since the Orlando shooting, 100 ISIS or they are about our loose gun facing a threat today in the United people—twice as many as in Orlando— laws, and they are about both. And this States that is different from what we have been murdered with guns. shooting in Orlando is about a whole have ever faced before, where we have So we are talking about Orlando, but host of other subjects as well. people who are being motivated from we are also talking about people all So I think we have tried to stay true abroad mostly but are in our society, over the country, mostly innocent peo- to the complexity of this question on in our country—this fellow in Orlando ple, sometimes people who are victims the floor during this time. We are not was an American citizen, was born of domestic violence. We are not talk- suggesting that what we are proposing here—and we have to take cognizance ing about taking guns away from peo- is going to solve the problem, but we of that. We have to take account of ple; we are just talking about keeping do have to get out of this paradigm in that reality. If we don’t, we are failing, people who shouldn’t have them from which if you are a supporter of the Sec- it seems to me, our fundamental re- getting guns. And I have never met a ond Amendment, you can’t support any sponsibility under the preamble of the gun owner who doesn’t agree that is restrictions on individuals, whether or Constitution to provide for the com- just a commonsense restriction. Does not they are on a terrorist watch list, mon defense. That is what the Amer- my colleague view this in any way as a to obtain guns. ican people expect us to do—to keep violation of the Second Amendment? Mr. KING. Well, this solution being them safe—and this is simply one piece Mr. MURPHY. Senator UDALL was on proposed, even if it only prevents 1 per- of the armor we can provide to keep the floor earlier, and he said somebody son, that could mean 50 lives or 100 the people of America safe. called his office earlier today asking lives. I think that is important. I would conclude with a question to why we were debating the Second By the way, it is a dirty trick, Sen- the Senator. Is there any hope of get- Amendment today, and of course the ator, to quote Justice Scalia on this ting this accomplished? Where are we? answer to that is we are not debating subject. He did make it clear in the Why is this so hard? This seems to be the Second Amendment. There is actu- Heller decision, as you point out, that a commonsense response. I read a ally nothing about this debate relevant the Second Amendment, as the First quote from the NRA today that said: to the Second Amendment because the Amendment or any of the amendments, We believe that terrorists should not Second Amendment is clear. As the Su- is not absolute. People say the First have guns. So is there room for discus- preme Court has stated, an individual Amendment says Congress shall make sion, for compromise? Does my col- has a right to own a firearm. But, as no law respecting speech, but you can’t league feel there is an opportunity here that same Court very clearly stated in yell ‘‘fire’’ in a crowded theater. That to get to a place where we can respond an opinion by Justice Scalia himself, is established law. And Justice Scalia, to this new threat that is facing us that right is not absolute. The Con- in the Heller decision, said the same without in any way compromising the gress has the ability to say there are thing about the Second Amendment. It values of the Second Amendment? Mr. MURPHY. I thank the Senator some weapons that should be out of is not absolute. There are limitations bounds and that there are some indi- for guiding us toward that compromise that can be placed upon it, particularly viduals who are so dangerous they because it has to be there. On this in the transfer of firearms, and I think shouldn’t own weapons. So even the issue, we are speaking the same lan- that is what we are talking about here. most conservative jurists on the Su- So I commend the Senator, and I be- guage. Frankly, on background checks, we tend to speak the same language. preme Court have held very plainly lieve what we are talking about—and We both say—Republicans and Demo- that the Second Amendment allows for let me go back to the Intelligence crats—that we don’t want criminals to the Congress or State legislatures to Committee for a minute. It took me 2 decide there are certain individuals— get guns. We both say we don’t want or 3 months—maybe I am a slow learn- felons, people who have been convicted terrorists to get guns. Yet we have er—but as I was sitting in the Intel- of violent crimes, or individuals we been unable to meet in the middle. ligence Committee, I finally had two suspect of terrorist activities—who My understanding is that the major- really visceral insights. One was that shouldn’t buy a weapon. ity has a concern about the ability of Of course, as we remarked earlier, if we are the only people watching the in- individuals who shouldn’t be on these you go into any gun club in Maine or telligence community; that we have lists to get off the list. So do we. We Connecticut, that is what people in this large apparatus, and we have these have no less interest in due process those forums believe as well. They be- small committees in the House and the than they do. So we want to bring lieve law-abiding citizens should be Senate, and we are the only people these issues to a vote on the floor. Our able to get any weapons they want, by watching. That is not relevant to this preference is to bring a compromise and large, but they do not believe debate, but that was an important real- measure that can pass and get the sup- criminals should be able to buy weap- ization imposed upon me, and what I port of both sides. ons. That is a view held by gun owners thought was an extraordinary responsi- I know we have had Senator TOOMEY and non-gun owners alike because ev- bility to pay close attention to what and some others come to the floor eryone accepts that that is in keeping these agencies are doing. today and suggest there is some work with the Second Amendment. The second insight was that the fun- to be done to get a compromise. My Mr. KING. Don’t you think one of the damental role of the Intelligence Com- hope is we can get there. If we can’t, problems with this debate as it has mittee and, I would argue, the funda- then let’s at least take the vote and let evolved over the past few years is that mental role of this body is to con- the American people see where we it has become a kind of either/or? stantly monitor and calibrate the ten- stand. Mr. MURPHY. Right. sion that exists between two funda- Mr. KING. But my understanding is Mr. KING. If you are for the Second mental provisions of the Constitution— the amendment as proposed does pro- Amendment, there are no limitations in this case, three. The first is in the vide a specific process whereby a per- whatsoever, and if you talk about limi- preamble—the fundamental reason this son who believes they are wrongfully tations, you are against the Second government was formed in the first on the list, wrongfully denied the op- Amendment. Do you accept that char- place—to insure domestic tranquility portunity to purchase a firearm, has acterization? and provide for the common defense. the opportunity to contest that, to Mr. MURPHY. I think you are ex- That is the essence of any government, have it litigated, and have it resolved actly right. I think this has become an the fundamental, sacred responsibility. in a reasonably prompt manner. either/or debate in so many different Then we have the First Amendment, Mr. MURPHY. I think that has been perspectives. the Second Amendment, and the the difficulty in finding a compromise.

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.098 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE June 15, 2016 CONGRESSIONAL RECORD — SENATE S3951 The existing text gives the ability al- lando, in San Bernardino, in Charles- had bipartisan support for these pro- ready for anyone who believes they are ton, and in Newtown, CT, the Senator’s posals on the floor of the Senate. But, on the list wrongly to get off that list. home State. The truth is, there is gun frankly, more importantly, in Indiana That is why I said that we are just as violence across this country every sin- and Connecticut there is bipartisan concerned with that, and the under- gle day. No State is immune, including support. Whether talking to progres- lying amendment that we have pro- my home State of Indiana. Every vic- sive Democrats or rock-ribbed Repub- posed and Senator FEINSTEIN has pro- tim of gun violence is someone’s mom licans, they all are of the consensus po- posed does exactly that. It gives an es- or someone’s dad or someone’s sister or sition that if you can’t fly because we cape hatch for anyone wrongly on that someone’s brother or someone’s son or have deemed you to be a terrorist list. someone’s daughter or someone’s hus- threat, then you probably shouldn’t be Mr. KING. One of the odd things band or someone’s wife, and those lives able to buy an assault weapon, and about this debate is that if this had are destroyed. that if you are a criminal, it shouldn’t been 15 years ago, I don’t think we There are bipartisan proposals we really matter whether you walk into a would even be having this debate. can consider today that can make a gun show or a gun store, you shouldn’t Background checks were generally difference. They will not solve every be able to buy a weapon. uncontroversial. If we had would have problem, but we can save lives. We can So I think the Senator put it per- had the terrorist threat, I couldn’t be- start by considering the bipartisan pro- fectly, which is that in every way these lieve—we have domestic violence on posal by Senators JOE MANCHIN and are bipartisan proposals. At the very there. How about terrorism violence? PAT TOOMEY that strengthens our least, it is incumbent upon us to show That should be a part of this as well. background check system to help pre- the American people where the Senate That is all you are really proposing. Is vent criminals and individuals with se- stands on these issues. Let’s show the that correct? rious mental illnesses from getting people of Indiana and Connecticut and (Mr. SCOTT assumed the Chair.) guns. This legislation requires back- Illinois where Senators stand on these Mr. MURPHY. That is correct. It is ground checks for all commercial gun two simple questions that have bipar- only controversial here; it is not con- sales, whether they are at a store or tisan grassroots support in this coun- troversial out in the American public. whether they are at a gun show or try. Mr. DONNELLY. I have one more By and large, they want this done. So whether they are online. question. Does the Senator think we we have created a controversy that We should also debate and pass bipar- are underestimating in this body—that doesn’t really exist in the living rooms tisan legislation that denies firearms Senators are underestimating the com- and social halls of this country. sales to known or suspected terrorists. mon sense of the American people; that Mr. KING. I thank the Senator. I This is simple American common they know terrorists shouldn’t be al- thank him for his answers and thank sense. This is what the American peo- lowed to have these weapons; that they him for his leadership on this issue. ple expect of us. This is what we were know it is a danger to our kids, to our Mr. MURPHY. I thank the Senator. I elected to do. If a person is on a ter- families; that we would do great credit think it is really important that we rorist watch list, they shouldn’t be to the American people to have faith in have the diversity of our caucus rep- able to buy a gun. It is that simple and them, to believe in them; that they are resented as part of this discussion that uncomplicated. It is time to do ready to take these steps; that they are today. Senator KING and Senator DON- our job—to do our job as Members of ready to see their Senators take these NELLY are both strong supporters of the Congress to confront the serious prob- steps and to stand with us? We all love Second Amendment. I am glad to yield lem of gun violence in our country, to our children. We all love our families. the floor for a question, without losing debate our options, to work to find so- We all want to make sure that when my right to the floor, to Senator DON- lutions to help keep all Americans safe, they go out to be with their friends, NELLY. and to protect our individual rights. As they come home safe that night. For Mr. DONNELLY. Will the Senator Members of this body we have dif- all of our families—whether Repub- from Connecticut yield for a question? ferences, but we shouldn’t have dif- lican or Democrat—most important, Mr. MURPHY. I will. ferences on this. we are not red or blue. We are red, we Mr. DONNELLY. Like all my col- We have also demonstrated that we are white, and we are blue. We are all leagues on both sides of the aisle, I was can find common ground at critical Americans. We are one team. We are in sick when I learned of the tragic shoot- times. I am confident that every Mem- this together. ing in Orlando. Since Sunday, like so ber of this body agrees we should keep Doesn’t it seem to make sense that many people, my thoughts have been weapons out of the hands of criminals, we ought to be able to reflect the will with the families and with the friends terrorists, and people with mental ill- of the American people? I think the of the victims, with the LGBT commu- nesses. This should not be controver- American people are ready for this. nity, with the people of Orlando, and sial. I urge all my colleagues to come Don’t you? with all Americans who are mourning together on behalf of the American Mr. MURPHY. It is a political issue the loss of loved ones at the hands of people who have blessed us with this here; it is not a political issue any- senseless gun violence. My thoughts opportunity to serve here and to stand where else. The Senator talked about, I are also with the parents across our up for them and to vote on these pro- think, a very apt description of our Nation. We have to explain to our kids, posals. It is the very least we can do underestimation of the common sense how can something like this happen in for those families, for the people we of the American people. I also think we our country? represent, and for the serious obliga- underestimate our ability to fun- We were elected in this Chamber to tion and responsibility they have given damentally address the fear that exists do a job—to discuss issues, to debate us to do these things. They expect us to today about the next terrorist attack. I them, and to vote on legislation that do our job. It is time for us to step up think if we were able to come together makes our communities and our coun- to the plate. and pass these two simple measures, it try safer. I came to the floor tonight to With all that in mind, I have a ques- would be a show of faith for the Amer- participate in this discussion because tion for my good friend, the Senator ican people that we get it—that we un- we have a job to do and we have action from Connecticut. The question is this: derstand how anxious they are, how to take. I thank Senator MURPHY for Don’t we owe it to the victims of Or- fearful they are, how angry they are, leading this. lando, the victims from Newtown in and there is a salve to the wound that I am a supporter of the Second your home State, the victims of could come if we were able to come to- Amendment. I am also someone who Charleston, and the victims of gun vio- gether and act. It is not just that it believes it is reasonable for all of us to lence in all our States to have a vote would make a practical difference in consider smart and responsible ways to on these proposals, which are bipar- stopping potential terrorists from get- reduce gun violence. Those things are tisan in every single way? ting guns, but it would have a psycho- not in opposition to each other. Since I Mr. MURPHY. I think that last logical impact on people. have come to the Senate, we have phrase is the most important. They are So I think the Senator is right that talked about mass shootings in Or- bipartisan in every single way. We have we underestimate the common sense of

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Both nightclub at 2 o’clock in the morning tion without losing my right to the of them together protect Americans in Orlando had two firearms with him. floor. from terrorist attacks, protect the flow Before that tragic evening ended, he Mr. DURBIN. I wish to direct a ques- of illegal guns into communities like had shot hundreds of rounds into that tion to the Senator from Connecticut. Chicago without having any effect on crowded nightclub—this one man, hun- First, I would like to acknowledge individual Second Amendment rights. dreds of rounds. What I asked him was that the Senator from Connecticut If you are a law-abiding citizen in this to please put this in perspective for me. took the floor about 10 hours ago and country, the two measures that we are Since 9/11, we have focused on what has stood here with his colleagues, the proffering for a vote on the Senate happened that terrible day when 3,000 Senator from New Jersey, Mr. BOOKER, floor will have zero impact on you. innocent Americans died because ter- and many others who have joined him If we can get agreement to move for- rorists took over airplanes and crashed during the course of the day. Senator ward in a consensus way on those two them into the World Trade Center and BLUMENTHAL of Connecticut was also measures, my hope is that we could the Pentagon and might have crashed here. come together and find language that them into this building had the brave I would like to ask a few questions both sides could agree with. At the passengers and crew not stopped them and then ask the Senator to react to a very least, we should have a vote on over Pennsylvania. news story that just came out. I think these measures so we could see where What we do every single day is to it is important for us from time to people stand. Then we would gladly re- spend hundreds of millions of dollars time to remind those who are just linquish the floor. for safety on airplanes and airports be- starting to follow this debate why we Mr. DURBIN. I ask the Senator from cause we don’t want to run the risk are here and particularly why the Sen- Connecticut, without asking him to that a passenger will get on board a ator has been on the floor for 10 hours yield the floor, if he will yield for a plane and endanger the lives of pas- straight. This is unusual in the Senate. question. sengers, up to 200 passengers or more, It is technically known as a filibuster, Mr. MURPHY. I will. with a bomb or some other means. We when one Member takes the floor and Mr. DURBIN. Our colleague from go to elaborate lengths. Think about doesn’t yield the floor. It is done for a California, Senator FEINSTEIN, has filed it. How many times have you taken off variety of reasons. It has been done an amendment. I believe she is making your shoes, opened your bags, put throughout the history of this Cham- slight changes to it, but the amend- things on the conveyor belt? We have ber. But I hope we can make it clear ment addresses the first issue. It en- done that now for 15 years so we don’t from the outset why we are doing it ables the Attorney General of the have to relive the tragedy of 9/11. today, why the Senator is leading it, United States to deny a request to Think about this for a second. If that why we are joining him today, and why transfer a firearm to a known or sus- same terrorist decides not to use an this is an important message that we pected terrorist. The Senator from airplane but to use a semiautomatic are trying to send across America from Connecticut said repeatedly, and I weapon, the kind of weapon used by one coast to the other, including the is- would like to repeat it myself, this is this man in Orlando, that person can lands of Hawaii. something the vast majority of Ameri- endanger the lives of hundreds of peo- We are dealing with this because cans say: You mean a terrorist can buy ple and killed 49 in that tragic situa- what happened in Orlando has really a gun in America and you can’t stop tion. So my question to the Senator from focused America on gun violence and him? So, overwhelmingly, Democratic, Connecticut is this. As we are focusing the terrible tragedy that occurred Republican, Independent, gun owners, on the use of these military-style there, with 49 deaths and over 50 who non-gun owners believe this is common weapons, are we not reflecting the new are seriously injured as a result of this sense. The Senator from California in reality of the terrorist threat to Amer- gunman who turned his guns loose on this amendment says: these poor people who gathered at this ica—not just airplanes and the other Hereafter the Attorney General may deny means they have used but now what ap- nightclub. the transfer of a firearm if the Attorney I would like to ask the Senator from General determines, based on the totality of pears to be a more common weapon of Connecticut, at the risk of repeating circumstances, that the transferee— choice, commonly purchased at gun stores by even suspected terrorists. Is himself—which is part of what we do Purchaser of the firearm— here, making sure that those who are that not what you were focusing on and represents a threat to public safety based on we are focusing on as the first thing following the debate—if he would tell a reasonable suspicion that the transferee is us the two issues that he believes bring engaged, or has been engaged, in conduct that needs to be changed in the law? us together in this common effort late constituting, in preparation for, in aid of, or Mr. MURPHY. Senator DURBIN, let this evening on the floor of the Senate. related to terrorism, or providing material me read to you the transcript of a Mr. MURPHY. I thank the Senator support or resources therefor. video from one of Al Qaeda’s most im- for continuing to focus us on why we So in the first sentence of about a portant operatives, an American by the are here. Frankly, we are not here just six- or seven-sentence amendment, the name of Adam Gadahn. He is deceased to talk; we are here to bring some reso- Senator from California, in a few now, but here is what he said in a video lution to this debate and to move on to words, says exactly what the Senator that he sent to potential converts in consideration of the CJS appropria- from Connecticut has said. We want to the United States: tions bill. give to the Attorney General the power In the West, you’ve got a lot at your dis- We are asking for two votes on what to stop a suspected terrorist from buy- posal. Let’s take America for example. America is absolutely awash with easily ob- could be consensus measures with re- ing a firearm in this country. tainable firearms. You can go down to a gun spect to protecting Americans. Today we had a briefing, and I know show at the local convention center and One, we want to make sure that if the Senator couldn’t attend because he come away with a fully automatic assault you are on the terrorist watch list, if was here on the floor with this impor- rifle without a background check and most you are on the no-fly list, then you tant responsibility. The briefing came likely without having to show an identifica- cannot buy a gun. You are prohibited from the leader of the Federal Bureau tion card. So what are you waiting for? by law from buying a gun. There is no of Investigation, Jim Comey, and Jeh This is an Al Qaeda operative, an Al controversy about that in the Amer- Johnson, the head of the Department Qaeda recruiter, specifically instruct- ican public. It would make a tremen- of Homeland Security. They talked ing their potential followers in the dous difference. about what happened in Orlando. Some United States to go to gun shows to

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.100 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE June 15, 2016 CONGRESSIONAL RECORD — SENATE S3953 buy assault weapons in order to carry calls for a waiting period before the purchase here this evening. I so appreciate the out lone-wolf attacks. This isn’t theo- of any form of firearm in the United States. work that Senator MURPHY has done. I retical. We aren’t making this up on It also supports background checks for all appreciate so much the work he has handgun buyers. (Reporting by Susan Kelly the floor of the Senate. This is a clear, done and the work Senator BOOKER and in Chicago; Editing by Caroline Humer and strategic decision on behalf of these Matthew Lewis) Senator BLUMENTHAL have done. groups. They are losing territory inside I welcome others of my colleagues to Iraq and Syria. They are more depend- Mr. BROWN. Will the Senator yield? the floor. I heard the Senator from ent on lone-wolf attacks than ever, and Mr. DURBIN. I would like to com- Maine, Mr. KING, say something. We they have figured out that the quickest plete the question to the Senator, and know what happened with this terrible pathway to massive death and destruc- then I will be happy to yield. shooting in Orlando with 49 innocent tion is not to hijack an airplane, is not The point that we are getting to is people killed. We know what happened to construct an explosive device but to this is the beginning of an important in Sandy Hook. We heard Senator buy an assault weapon. national debate brought on by the KAINE talking earlier today about what Mr. DURBIN. Will the Senator yield tragedy in Orlando. It is a debate happened at Virginia Tech. We heard for a further question without yielding which would not have occurred this what happened in Denver when they the floor? week had the Senator from Con- shot the Planned Parenthood clinic. We Mr. MURPHY. I will. necticut and his colleagues not taken know what happened in San Mr. DURBIN. Despite the worst mass the floor with this filibuster on the Bernardino. We know what happened in shooting in the history of the United Senate floor. I thank the Senator for southern Ohio, in a rural Appalachian States of America that occurred in Or- his leadership on this. I ask the Sen- area of my State where there were a lando, FL, despite the national reac- ator if we can reach a point where we number of people who were killed, and tion and international reaction to this have a statement by the Republican it didn’t get quite as much attention. tragedy, there was nothing scheduled leadership of the Senate that they will We know what happened to Tamir Rice this week in the U.S. Senate on the give us the votes on these two key in my city of Cleveland, a 12-year-old issue of firearms and terrorism, noth- issues that we raised over and over boy who was gunned down. ing—not until the Senator from Con- again; is that the purpose and intent of What Senator KING said was so inter- necticut took the floor 10 hours 20 min- your filibuster? esting because we see these awful mas- utes ago and said: I am not going to sit Mr. MURPHY. I thank the Senator sacres of 5, 10, 20, or as many now as 49 down until there is an agreement that for his question. That is exactly why people murdered in cold blood, but we are going to debate this issue on the we are here. Let me reiterate the sup- what he said was, on average, every floor of the U.S. Senate. It was not position, the premise of his question. hour a person is murdered in this coun- even on the schedule of things for us to Senator BOOKER, Senator try. Two or three people die from gun discuss this week until this Senator BLUMENTHAL, and I—and I know you violence. Since the Orlando massacre, from Connecticut and his friends and share this view as well—just couldn’t about 100 people have been killed by colleagues decided to make an issue of come back here and debate amend- gunfire—twice as many as were killed it. ments on the CJS bill that had nothing I ask the Senator if he is aware of the in Orlando. to do with this epidemic of gun vio- We had an intelligence briefing from fact that the American Medical Asso- lence witnessed most recently by the the FBI, as Senator DURBIN said, about ciation put out a press release in Chi- worst mass shooting in the history of this mass killing. We all get together cago. I think it is historic and I would this country. I simply couldn’t come and talk about these mass killings, but like to read a story about it if my col- back here and pretend that there is we don’t talk about the day-by-day gun leagues will bear with me for a minute. nothing we can do about it because of violence. I think the American people This is from the American Medical As- course we can come together and find a know of the mass killings. They always sociation. path forward. Yes, we are on the floor write our offices and tell us to do some- The worst mass shooting in modern U.S. demanding a vote because it would be thing, and then interest tends to di- history has prompted the American Medical unconscionable to leave this week minish as it becomes news that is 1, 2, Association to call gun violence a ‘public without having a specific debate on health crisis’ and urge that Congress fund re- 3, 4 days old. But what Senator KING search into the problem. these measures and without trying to said was so important that this just The AMA, which lobbies on behalf of doc- find a path forward. happens every day. As Senator BOOKER tors, said on Tuesday it will press Congress I will say to my friend that my great- says, it is often a poor kid who is mur- to overturn 20-year-old legislation that est hope is that we can find common dered. blocks the Centers for Disease Control and ground on these measures, but in ab- I was on the floor earlier tonight, and Prevention from conducting research on gun sence of common ground, in absence of I mentioned how my wife and I live in violence. A 29-year-old gunman slaughtered 49 peo- a willingness on behalf of the majority ZIP Code 44105 in Cleveland. In the first ple at a gay nightclub in Orlando, FL, before party to actually sit down and nego- half of the year in 2007, that ZIP Code dawn on Sunday. tiate this, then let’s have the vote. had more foreclosures than any ZIP The AMA adopted the policy at its annual Then let’s have the vote and see where Code in the United States of America. meeting in Chicago. It called U.S. gun vio- Members of this body stand, up or It is a ZIP Code where there is a lot of lence a crisis that requires a comprehensive down. Let’s see what Members choose poverty. There is a lot of violence. response and solution. ‘‘With approximately to do a week after the worst mass The other night when I was in Wash- 30,000 men, women and children dying each year at the barrel of a gun in elementary shooting in the history of this country, ington, my wife heard gunshots and schools, movie theaters, workplaces, houses when they are proffered with the ques- then heard a police siren. That has of worship and on live television, the United tion: Do you want terrorists to be able happened far too many times when I States faces a public health crisis of gun vio- to own guns in this country? Do you am home. If my grandchildren are lence,’’ Dr. Steven Stack, AMA president, want individuals who have known con- there, you are alarmed. The gunshots said in a statement. nections to terrorist organizations to are usually maybe a quarter mile ‘‘Even as America faces a crisis unrivaled be able to buy military assault-style away, half a mile away, but we know in any other developed country, the Congress prohibits the CDC from conducting the very weapons? that each time it might be somebody research that would help us understand the Let’s put that question on the floor who is badly injured or worse. problems associated with gun violence and of the Senate and see what everyone’s We see what is happening. We see determine how to reduce the high rate of answer is. maybe the Members of the Senate who firearm-related deaths and injuries.’’ I thank the Senator, and I yield to have been at the beck and call of the Congress placed restrictions on CDC fund- Senator BROWN for a question without gun lobby, maybe they are listening ing of gun research into the federal budget in losing my right to the floor. now. My question is, How do we make 1996 at the urging of gun rights supporters Mr. BROWN. I will ask my question sure we remind them and remind the who claimed the agency was biased toward gun control. through the Chair. American people because I don’t think AMA has several long-standing gun safety First of all, I so appreciate, as Sen- the American people think about what policies including support of legislation that ator DURBIN said, the Senator being Senator KING said. There is roughly

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We need to personalize this so thankful. mass shootings but not the day-by-day in a way that is not real right now for I wish to ask my colleague a question violence. How do we bring that to peo- most Americans. about what we have heard from some ple’s attention so people in this body I have been asked a number of times on the other side, which is about the go home and do their job? tonight: Why haven’t we been able to Second Amendment and the kind of This Senate is not doing its job in move this debate? I think some of it is proposals that we have seen by the confirming a Supreme Court nominee. on us for not being as relentless as we Senator from Texas and the Senator It is not doing its job for the mine can on the floor of the Senate and out from Pennsylvania, as they seek a workers whom Senator DONNELLY, Sen- in our districts on commanding atten- compromise and talk about the Second ator DURBIN, and I have in our States tion to this issue of the routineness of Amendment. To them, it almost seems or the pensioners with the Teamsters gun violence in our cities. that the Second Amendment is abso- Central States Pension Fund. They are Frankly, it warms my heart to look lute. not doing their job there either. around the room today and see 8 or 9 or I, for one, believe in the Second But on this one, until this Senate ac- 10 Senators still sitting on the floor at Amendment. I believed there was a tually does the right thing, Senator 10 p.m. at night. Maybe this is a means right to bear arms even before the Hell- MURPHY, how do we keep attention on for us to recommit ourselves to bring- er decision. I believe that it is not fair this issue when people’s memories fade ing the message of the reality of every- to read the other amendments of the and we go back to work and do noth- day gun violence in our cities to every Constitution in such an expansive way ing? That is why you are standing on single corner of this country. and then say that the Second Amend- this floor hour after hour. You can un- I thank the Senator from Ohio and ment means just militia. Some of my derstand, anybody who is watching— will yield for any further questions. colleagues on this side of the aisle will and I know we are not speaking to the Mr. SCHUMER. Mr. President, will agree, and some will disagree. country here, but this is a Senator my colleague from Connecticut yield The question to my colleague is very from Connecticut who has not sat all for a question? simple. Even if he has a strong belief in day, has not been able to eat, just Mr. MURPHY. Mr. President, I yield the Second Amendment, no amend- stands here and leads this debate and for a question without losing my right ment is absolute. The First Amend- leads this filibuster, pleading to this to the floor. ment is so dear to us, but you can’t Senate. Most of our colleagues are out Mr. SCHUMER. Mr. President, I just falsely scream ‘‘fire’’ in a crowded the- for dinner or home by now, but Senator came from the Sandy Hook Promise ater. That is a limitation on our First MURPHY is here pleading for our col- Dinner, a dinner put together by the Amendment rights. We have laws leagues to stand up and do the right parents in his State. These are family against child pornography, as we thing. I give my friend so much credit members who have lost loved ones in should, and that is a limitation on our for that. that horrible tragedy of Sandy Hook. First Amendment rights. We have libel How do we sustain this until we get They were so inspired by the actions of laws. If you say something that is false our colleagues here to finally do their their two Senators, who are also chairs that hurts or damages someone, you job? of this organization, the Senator from can be sued. That is a limitation on Mr. MURPHY. Mr. President, I give New Jersey, and so many others who First Amendment rights. credit to Senators BOOKER and have taken to the floor tonight. When Isn’t it true that just as we have lim- BLUMENTHAL, who have also been here. I mentioned what was going on here, itations on First Amendment rights, I think Senator BOOKER has been phys- they rose up in a standing ovation. there are reasonable limits on Second ically standing for the exact same They inspire us, and I know they have Amendment rights? It would seem to amount of time that I have been stand- inspired our good friends from Con- me that one of the most logical limita- ing as well. Hopefully, we are answer- necticut. They are amazing people. tions is to say that someone who is to- ing that question right now. When something like this happens tally dangerous or might be totally Let me just give the evidence of what and a loved one is taken from you, as dangerous and can wreak the kind of is happening in social media today. so many loved ones were lost in Or- tragedy that we saw in Orlando, New- This filibuster has been the No. 1 lando—as the good Senator from Wis- town, Aurora, and in other places trending topic on Twitter all day long. consin so eloquently documented ear- across the country, such as San So there is nothing that is being dis- lier this evening—the natural inclina- Bernardino, should not have an abso- cussed more on the most popular social tion is to curse the darkness, to ask lute right to a firearm. Another point media application in the country than ‘‘why me,’’ to be angry, to turn inward here—before I get to my question—is our effort to bring light to this epi- and say: I don’t want to live life any- that I find it ironic that so many of my demic of tragedy that exists in our cit- more. For those who can light candles colleagues who are so meticulous on ies every day. to try and prevent this from happening the Second Amendment in terms of The Senator from Ohio probably to others even though their losses will civil liberties and due process don’t doesn’t know this, but last year there never, never, never be extinguished— really seem to care about it on all the was a mass shooting, on average, more the holes in their hearts will never other amendments. That is the sort of than once a day. If you categorize a been gone—is an amazing thing. inverse. We don’t hear rousing speeches mass shooting as four or more people Before I ask my question, I wanted to from some of the Senators who have being shot at any one time, there were convey to my good friend how his ac- gotten up in the past few days to say mass shootings in Cleveland, Balti- tivities and the activities of his col- something like: Let’s make sure we more, New Orleans, Bridgeport, and league from Connecticut and the Sen- don’t make a single mistake when it Chicago on a regular basis. ator from New Jersey and so many oth- comes to the criminal justice system. I hope this effort is not just in the ers here today have inspired this group We have a number of Senators from service of trying to bring a vote and a just as they have inspired us. I think New Jersey and Illinois here tonight debate to the floor on these two meas- the Senator is correct. If we can have a who have worked hard on criminal jus- ures but on opening of this country’s virtuous cycle of being inspired by oth- tice relief, but we don’t hear from the eyes to the epidemic of gun violence ers and then trying, through our small other side about the need for making that exists. efforts, to inspire others, we will win sure due process is followed when it Second, I think we need to do more of this fight. I have every confidence that comes to the criminal, except for the what Senator BALDWIN did tonight. We we will. Second Amendment. need to come to the floor and go out in Dr. King said: The arc of history is Let’s try to be consistent here. Let’s our communities and tell the stories of long, but it bends in the direction of believe in all the amendments, but let’s

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.102 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE June 15, 2016 CONGRESSIONAL RECORD — SENATE S3955 realize that every amendment has a Mr. MURPHY. I will. that school. Then you think of all limitation. That a balancing test has Ms. KLOBUCHAR. I thank the Sen- these young people killed in this mas- always been the watch word of the Su- ator from Connecticut. One of our fel- sacre right in our midst in Orlando, preme Court from the founding of the low Senators noted that maybe not FL. Republic. many people are watching. I have been (Mr. PERDUE assumed the Chair.) I ask my colleague to explore this around talking to people tonight, and I We all know that one solution won’t contradiction about the idea from some can tell you that a lot of people are fit all. We all know that in some cases that the Second Amendment alone is watching this. The country is watching it is about an assault weapon and in the only one that should be absolute. this because people have been waiting some cases it is about background Would my colleague talk a little about for action. checks. In some cases it is about get- that? We have talked about this to- Many of us here have been involved ting someone off a terror watch list gether in the past. Would my colleague in law enforcement. For me, it is about who shouldn’t have a gun. Every solu- talk about the need for reasonable lim- a series of pictures. It is the picture of tion may be different, but when we itations on every amendment, includ- those victims in Orlando, and with start doing the right thing, we start ing the Second Amendment, as we are every picture, there is a story. Every- saving lives. attempting to do here with two pieces one killed in that massacre was some- Tyesha Edwards was a little girl who of legislation we seek a vote on—a sim- one’s brother, someone’s son, some- was shot at her dining room table ple vote? one’s loved one. while doing her homework. Her mom Mr. MURPHY. Mr. President, I thank I think of the little girl with the blue said: You get your homework done, you the Senator for his question. I will just dress with stars, walking down a side- can go to the mall. A gang bullet right remind him and others that this con- walk to a church. Her dad had been through the house. Melissa Schmidt, a cept of the Second Amendment that murdered by a madman, someone who Minneapolis police officer—young, ex- my friend has offered is embedded in was mentally ill, someone who was a cited to do her job—was shot in a bath- the Heller decision. The Heller decision perpetrator of domestic violence. Her room by someone who was mentally itself—and Senator KING chided me for dad was a police officer in Lake City, unstable. These are the images I think referring to the majority opinion in MN. It is a beautiful little town on a about. And Senator BOOKER has point- that decision by Justice Scalia ear- beautiful lake. He was just doing his ed out so many times that this isn’t lier—says very specifically that though job one day when he was called to a just about the massacres, it is also the majority holds that there is an in- home. He went to the front door and about the individual cases that happen dividual right to own a gun, that right had on a bulletproof desk, but the guy every single day, the domestic violence is absolutely not absolute. He actually shot him in the head. cases that happen every single day. gives specific examples in the majority There we all were at the funeral, at So while it is so important to focus decision of ways in which you can con- the same church where only a week ago today on this bizarre situation where dition that right in order to affect the the children had been in a Nativity you can have thousands of people on a public safety, like for instance, re- play and their dad was sitting in the terror watch list who can still get ac- stricting the types of weapons that are front proudly watching. A week later, cess to firearms, there are other things bought or restricting guns and firearms that same family was walking down we can do as well. We can put sensible from individuals who are deemed dan- the center aisle of the church. The lit- background checks in place. Think gerous. This isn’t theoretical. This is tle girl was in a blue dress covered with about Senator MANCHIN and Senator the law and the interpretation of the stars. TOOMEY coming together at a time— Second Amendment as determined by I think about those Sandy Hook par- two A-rated NRA legislators who were this Court. ents—the ones Senator MURPHY knows able to come together and put that On this question of inconsistency, so well—who were in my office, as well background check together. And think let’s just keep it packed into the ques- as in many other Senators’ offices, the about those parents from Sandy Hook tion of the terrorist watch list. I have morning of the vote on the background who knew that bill would not have not heard one of my Republican col- check bill. I told this story earlier this saved their babies but looked at the leagues come down to the floor and de- afternoon. There was a mom sitting thing that could most likely get done fend the right of those on that list to there. They were all so sober and so in this body, what is the thing that get into any airplane they want and glum because they actually thought could pass that would save the most travel anywhere in the world. There is there was a chance that the people in lives, because they know that back- no one who has done that, nor will this Chamber would respond after they ground checks, when done right and they, and that is because of this incon- lost their little children in another thoroughly, have saved lives. They sistency—this inconsistency in which senseless act of violence. mostly help in cases of suicide and in the absolute protection of Second The mom in the office looked at me Amendment rights is treated in a fun- cases of domestic violence. They had and said: You know my story? She said the courage to come to this Chamber, damentally different way than the pro- my son was severely autistic and could tection of other rights. to come to our offices time and time hardly speak. Every morning he would It is no less dangerous for an indi- again to advocate for something that point up at a picture on the refrig- vidual to pick up a dangerous assault they knew wouldn’t save their babies’ weapon that can kill hundreds of peo- erator. It was a picture of his help aide, lives, but they did it because they ple at a time than it might be in order the woman who was with him every knew it was the right thing and they to get on a crowded airplane. You could day. The next thing she knows, she had the courage to do it—the courage conceivably kill the same number of gets a call, goes to the school and sits that many people did not have in this people with an assault weapon as you in that fire hall with those parents. Senate Chamber. can with an airplane. Yet, those two Some kids come in, and all the parents Domestic violence, background rights—the right to travel and the who are left know that they are the checks help. Do we know what else right to own a gun—are treated dif- ones whose babies are never coming helps with domestic violence? Going ferently. back. As she sat in that fire hall, she after stalkers. Right now you can be Mr. SCHUMER. Mr. President, I kept thinking about, of course, her son, convicted of stalking and still get a thank my colleague. but she also thought about the woman gun in this country. That is why we Mr. MURPHY. Mr. President, I thank who was with him and sacrificed her have a bipartisan bill in the House and my colleague from New York, and life for him. She was found with her in the Senate that would stop that. through the Chair, I yield for a ques- arms around him in that school. Both We also bizarrely don’t include dat- tion from the Senator from Minnesota were shot dead. Those are the images ing partners, even though in many without losing my right to the floor. that I think about—the little girl in parts of the law, they are included. You Ms. KLOBUCHAR. I ask if the Sen- the blue dress at the funeral, her don’t have to be married to someone if ator from Connecticut will yield for a daddy, a police officer, shot dead at the you have a domestic violence convic- question without losing his right to the door; that mom in my office, her son tion and you are dating partners. A Re- floor. and her son’s faithful aide shot dead in publican witness at a Judiciary hearing

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.104 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE S3956 CONGRESSIONAL RECORD — SENATE June 15, 2016 agreed that that part of the law could city, my city, and your city, Senator knows on a day-to-day basis what it is change, but we cannot get that simple KLOBUCHAR, because many of the weap- about. thing changed in the law because peo- ons that flow into Chicago and Hart- So this issue of voting on whether an ple are not willing to take just the ford and Minneapolis come through individual on the terrorist watch list slightest risk to vote for it, even when sales that happen outside of gun shows can purchase firearms—we say to peo- their own constituents favor it. As and that aren’t subject to background ple: If you are on the terrorist watch Senator MURPHY has pointed out over checks. list, we are not going to let you on an and over again, we have a situation So it is thrilling to me, frankly, to airplane, and you cannot get a gun if where the majority of gun owners sup- have a floor that is full of Senators at you are on that list. port these changes. We have a situa- 10 o’clock at night. It is thrilling to According to a 2015 poll, 77 percent of tion where the vast majority of people me, as I stated earlier, that we have the American voters supported banning want to see these changes. been—our collective effort has been the sales of guns to people on the terrorist I thank the Senator from Con- No. 1 trending topic on Twitter over watch list. So we know that the major- necticut and ask him just one question the course of the entire day. It is ity of Americans support us in this ef- focused again on the terror watch list. thrilling to me that, as I just heard, fort. Yet we cannot get the support to I know Senator FEINSTEIN released up- our phone lines in our office are still make that happen here on the Senate dated information from the Govern- ringing off the hook right now as we floor. ment Accountability Office just yester- speak with people all around the coun- I also want to bring up public safety day which showed that roughly 91 per- try who are demanding that we con- because I am reading a statistic here cent of known or suspected terrorists tinue to stand on this floor as long as that Washington is one of just 14 who attempted to purchase a firearm we can, as long as I can, until we get States where more people die by gun- were able to clear a background check these votes. fire than by motor vehicle accidents. in 2015. I think people would be pretty I thank the Senator for bringing this We also have a statistic that 61 percent shocked if they knew that statistic, issue back to the floor. of perpetrators who killed police offi- and obviously one of the reasons we are I would be thrilled to yield for a cers with guns in Washington between talking all day today is that people un- question, without losing my right to 1980 and 2013 were prohibited from pos- derstand how bizarre this situation is, the floor, to the Senator from Wash- sessing guns but were still able to get that we can’t even close that loophole. ington. them. I ask Senator MURPHY, what does Ms. CANTWELL. I want to thank the This issue, for us, is something that that mean to you when you hear a sta- Senator from Connecticut for his tre- we spend a lot of time here debating. tistic like that, that you have 91 per- mendous leadership out here tonight There are other colleagues who have cent of known or suspected terrorists and all through the day. I think for led the battle on trying to have back- who can purchase a firearm but are Senators, if you have never led a fili- ground checks and closing the loop- still able to clear a background check? buster, up until that point, you prob- holes that exist in current law. I thank Mr. MURPHY. It shows, I say to Sen- ably don’t know for sure that you are them for that. I thank them for their ator KLOBUCHAR, that we are inten- ready for this task, but a moment oc- battles and efforts. tionally putting our constituents in curs in which you know you must act, I wanted to ask the Senator from danger, that we have data which tells steel is inserted into your spine, and Connecticut if he is aware—and I am us that when people on the terrorist you come out here and you give it your sure he will be somewhat aware—that watch list are walking into gun stores, all. this issue being neglected by the U.S. they are getting approved at a 90-per- Before asking a question, I want to Senate is being taken up by citizens of cent rate. By the way, the 10 percent thank the Senator from Connecticut the United States through every meas- who aren’t getting approved because and his colleague, the Senator from ure and vehicle available to them? they are on the terrorist watch list—it New Jersey, for showing such steel in In the face of growing violence in our is because they are on some other list. making sure America hears our re- State, Washingtonians demanded But that is a chilling statistic. If you sponse to the events that have hap- change, and in 2014 voters in our State play it out over the course of 10 years, pened not just this past weekend but overwhelmingly passed a ballot initia- it is the same percentage. Over the for so many weekends and so many tive to require background checks for course of 10 years, 90 percent of individ- days and so many incidents. I say to all firearm sales, including online uals who walked into gun stores who our colleagues that we deserve to have sales, sales at gun shows, and sales be- were on the terrorist watch list have a vote on these two issues. tween private citizens. That is what we been handed a gun that they could I know my colleague is impressed passed by initiative in the State of walk out with. It is a small number on that there are other colleagues out Washington. a year-to-year basis—200 people—but it here, but we so admire your courage, in Is the Senator from Connecticut only takes one of those individuals in the face of such tragedy in your State, aware that States are taking up this order to commit a mass atrocity. to not forget the effort that needs to effort? I thank the Senator for coming back happen in the United States of Amer- Mr. MURPHY. I am aware, and I wish to the floor here tonight and making ica, to let the American people know that weren’t the case. I wish that citi- this very clear case because what we that policies they would like to see de- zens through referendum didn’t have to are asking for is eminently reasonable. bated and discussed are getting bottled take up this cause on a State-by-State We are asking, Senator KLOBUCHAR, as up. That is what tonight is all about. It basis because of utter inaction from you know, for debates and votes on two is all about saying don’t bottle up this body. commonsense, bipartisan amendments these issues and, yes, if you want to I will cite statistics in a moment, to the underlying bill: first, legislation test the fortitude of a human being to maybe, Senator CANTWELL, but when that would make sure that if you are see how long they can stand on their States act, it makes a difference. When on the terrorist watch list, if you are feet, we will find out the answer to States act, it results in an appreciable on the no-fly list, that you cannot get that. decline in gun homicide rates, but it is a weapon, that you are prohibited from But the real question is: ‘‘Are you much better and much more effective if buying a weapon, just like a criminal; going to let us vote on important pub- the Federal Government acts. and second, that background checks be lic safety issues that the American Ms. CANTWELL. I so appreciate the extended to gun shows and to Internet public wants us to do something Senator, and I wanted to ask him be- sales so we make sure we have a net about?’’ That is what is so ironic about cause his comments are right in line wide enough to capture these terrorists the fact that we can’t have these votes. with the comments that I think are so wherever they are trying to obtain The American people want us to have important for people to understand. weapons. That will, as Senator DURBIN these votes and are fully supportive. This past March, we got the first has said over and over again for the I thank my colleague who was just hard numbers from the impact of this last 10 hours, have an ancillary effect here who was a prosecutor herself, so law that we passed in Washington on the gun violence that is plaguing his she knows what this is all about. She State. In addition to the nearly 4,000

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.105 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE June 15, 2016 CONGRESSIONAL RECORD — SENATE S3957 felons who were caught illegally trying initiative to prevent gun tragedies in- trict, in a public housing community, to buy a firearm in Washington volving mental illness. So I think peo- Gilpin Court, which is the largest be- through a licensed dealer—another 50 ple are going to continue to explore all tween Washington and Atlanta, a 35- felons were prevented from buying the ways in which we can make sure year-old guy walked into an apartment guns from private sellers because of the that our citizens can become safe, and and gunned down a family of six, from provisions of the new law. According to if it takes that initiative process, I a 35-year old woman, to her younger data from the FBI, nearly 8,000 private think people are going to see the re- sister, to tiny little babies and chil- sale background checks have occurred sults. But let’s have a vote. Let’s at dren. I got a call as a city council that otherwise would not have without least know where your representative, member. I raced to the scene, and it changes in the law. where your Senator is on these policies was chaos. That has begun a 22-year ex- So the fact that we now have this law that are important. perience of being too intimate with in place in our State and are now see- If you are on a terrorist watch list this problem. That funeral of the fam- ing the results that we are actually and you can’t get on a plane, you ily in the Arthur Ashe Center in Rich- stopping felons from getting firearms shouldn’t be able to get a gun. Let’s mond with 3,000 people and six little says to me that these are results that have a good law like this good law that white coffins at the front of the room the rest of my colleagues and their has been enacted in the State of Wash- is something that I will never, ever for- States should look at. But we should ington and background checks that get. do U.S. citizens a favor by, as you said, produce results like catching felons A number of years later I was Gov- not continuing to have this be done and stopping them from having access ernor of Virginia. I had just taken a State by State, but do it at the Federal to guns. trade mission to Japan and had landed, level. I thank the Senator from Con- had checked into the hotel, and had I ask my colleague from Connecticut necticut for answering those questions fallen asleep. Someone knocked on my how aware he is of this movement and and, again, for his leadership tonight door. It was April 16, 2007, and my secu- how important it is that the American on the Senate floor. rity detail said: You have to call home. public continue to demand that we deal Mr. MURPHY. I thank the Senator Something horrible has happened in with this issue. from Washington, and I thank her for Virginia, and it is still underway. Mr. MURPHY. Let me just respond the work she did to allow the citizens I called to find that a shooting was by giving some statistics about what of Washington to pass that referendum. still taking place at Virginia Tech Uni- happened in States with strong back- That was a bright spot, and it was a re- versity in Blacksburg that eventually ground check laws that they require minder that when you take this ques- killed 32 people and injured dozens of for every gun purchase. We know what tion out of the political morass that is others. At that point—at that point, it the numbers are. This is unequivocal; Washington, DC, and you give it to vot- was the worst shooting incident in the this isn’t guesswork or conjecture. We ers, you give it to citizens, they choose history of the United States, but no know what they are with universal the protections that we are asking for longer. That was the worst day of my background check laws and States votes on here. life, and it will always be the worst day without them. I would note that Senator KING is of my life—comforting the families of still on the floor. There are referen- In States that have universal back- the victims, talking to the first re- dums planned in Maine; there are ref- ground check laws, 64 percent fewer sponders who went into a classroom erendums planned in Nevada. This guns are trafficked out of State. There where bodies littered the floor and who campaign of citizen-based activism, de- are 48 percent fewer firearms suicides, heard in the pockets of deceased stu- manding change in gun laws to reflect 48 percent fewer police officers are dents and professors cell phones ring- the overwhelming majority will of the killed, and 46 percent fewer women are ing as parents who had seen it on the public, is happening. It is inevitable. It shot to death by intimate partners. news were calling their kids, just is not stopping; it is marching forward. That is in States that have universal knowing they were at Virginia Tech to We would do well to listen to that tem- background checks, and those numbers ask them if they were all right—calls pest and adopt these measures. would be even better and even stronger I will at this point yield for a ques- that would never be answered. This if we had that law applied nationally tion, without losing my right to the traumatized some of the most hardened because what we know is that those in- floor, to the Senator from Virginia. first responders whom I know. I knew timate partners who are buying a gun Mr. KAINE. Mr. President, thank you priests and ministers in that commu- in the midst of their fury, those crimi- for the opportunity to appear tonight, nity who had seen a lot and were trau- nals who are trying to traffic in illegal and I share my praise for my colleague, matized in the days to follow. arms—all they have to do sometimes is the Senator from Connecticut. We The Senator from Connecticut has a cross a simple State line in order to came to the Senate together. His lead- reasonable proposal on the floor with find those weapons of destruction and ership on this issue is something I ad- respect to background record checks. bring them back into a State that has mire, but more than leadership on the The deranged young man who had com- universal background check laws. So issue, I admire his heart and his com- mitted that crime and then killed him- there is no doubt that stronger back- passion. He has suffered because his self was not supposed to get a weapon. ground check laws lead to fewer gun citizens have suffered. And if you suffer He was federally prohibited from get- deaths. That is what the data shows. and you don’t try to change things—if ting a weapon because he had been ad- Washington is proving that, Con- you don’t try to do things differently— judicated to be mentally ill and dan- necticut is proving that, and it is ab- then you are not fully alive. I honor gerous, but the weaknesses of a back- surd that the U.S. Congress with 90 per- that in the Senator, that he is willing ground check system—gaps in the cent of the American public supporting to be vulnerable and in his suffering is background check system—had created this proposition doesn’t assure this trying to find help for others. the ability for him to buy this weapon protection for everyone who lives I have a little scar tissue on this and create this unspeakable carnage. under the umbrella of security of this issue. I would love to describe the Vir- We learned everything we could learn Congress. ginia experience and my own personal from that tragedy; we fixed what we Ms. CANTWELL. I would just say to experience on this and then ask a se- could fix. To my everlasting regret, I the Senator from Connecticut—and I ries of questions of my colleague from could fix part of the background record thank him for his leadership—that we Connecticut. check system, but I went to the legisla- need to come together and consider I was elected to office—to the Rich- ture and said: Let’s have universal ways in which to stop gun violence. We mond City Council—for the first time background checks so this will not need to improve the mental health sys- in May of 1994. At the time I was elect- happen again. Even in the aftermath of tem, and I know people have talked ed, Richmond had the second highest the worst shooting tragedy in the about that this evening as well. But I homicide rate per capita in the United United States, I couldn’t get my legis- want the Senator from Connecticut to States. I was sworn in on July 1, 1994. lature to do the simple thing that the know that in the State of Washington On October 14, 1994—I will never for- voters, that gun owners, and that NRA we are looking at an additional ballot get that day—in my city council dis- members said they should do.

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.106 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE S3958 CONGRESSIONAL RECORD — SENATE June 15, 2016 Then, a year ago—it was in August of Mr. MURPHY. It is in there for a rea- tranquility and to protect the common 2015—in the same community, the son. defense. So at the very beginning of the Blacksburg-Roanoke community in Mr. KAINE. It is in there for a rea- Constitution is this obligation to take Virginia, a young woman I know who son. And it has been in there since 1787, the issue of public safety as a sacred was the TV reporter at WDBJ tele- and Virginians were the drafters. So it duty upon inheriting the mantle of pre- vision, Alison Parker, who covered is in there for a reason, and it is impor- serving and defending the Constitution. Senator WARNER and me—we know her tant, just like the First Amendment. So, as he has stated, all of those parents—was shooting a live piece in Let me ask the Senator about the rights in the Bill of Rights come with the morning about the anniversary of a First Amendment. The First Amend- conditions and responsibilities de- local chamber of commerce, and a men- ment says there is a right to free manded by the American people, and tally ill former employee of the station speech and a right to freedom of the when we talk about the Second Amend- came up, live on television, and press. Does that mean that constitu- ment, it is educated by that very im- videoing himself, killed Alison and tionally I can go out and slander and portant preamble which commands all Adam Ward, her cameraman, and ulti- libel anyone, and there is no con- of us to do whatever is necessary to mately took his own life later that sequence for that? Is that what the protect the safety of our citizens. day. First Amendment means? Mr. KAINE. Am I not right that the We have scar tissue in my town. We Mr. MURPHY. The First Amendment Second Amendment even has the have scar tissue in my Commonwealth. is as important as the Second Amend- phrase ‘‘well regulated’’ in it and even We have scar tissue in this country. We ment, but it comes with conditions and acknowledges the notion that this par- have scar tissue personally. And after responsibilities. One of them is that ticular right is one where regulation is every one of these instances, we re- you can’t slander your fellow citizens. contemplated? solved to be better, and we resolved to You can’t yell ‘‘fire’’ in a crowded the- Mr. MURPHY. Whereas the First do more. Why do we need to be passive? ater. There have been important limi- Amendment doesn’t place the condi- Why do we need to do nothing? We re- tations since the beginning of the Re- tion into the text—they are read into solved to do better and do more. Yet public built around the First Amend- it—the Second Amendment has condi- here in this body, we can’t. ment which, frankly, are as sacred as tions in the literal text. We were together here, my colleague any of the individual rights that are Mr. KAINE. So the organization in Virginia that makes this argument from Connecticut and I. I talked about encompassed in the Bill of Rights. the worst day of my life at Blacksburg, Mr. KAINE. There is another part of about the Second Amendment—I think but the worst day in the Senate was the First Amendment that says you we can clearly demonstrate it is spe- standing here on the floor in April of have a right to assemble. cious. The Second Amendment is critically 2013 and having a debate about this My understanding—and the Senator important. We all take an oath to up- very piece of legislation about back- is a lawyer, so he can tell me if I am hold it, and we do uphold it, but there ground record checks, and we were sur- wrong about the right to assemble. You is nothing inconsistent with the Sec- rounded in the gallery by the victims have a right to assemble, but a govern- ond Amendment in terms of the provi- and the families from Newtown, and ment can condition that. It can say sions you are talking about on the they were watching us. There is a line you have to get a permit or you can as- in the Letter to the Hebrews that talks floor. semble here, not there. It cannot dis- Let me ask you this. Here is an argu- about being surrounded by a great criminate among points of view, but cloud of witnesses, and we were sur- ment they make, and I hear them the common constitutional provision is make this all the time: What these rounded by a great cloud of witnesses. that there can be reasonable restric- With them were Virginia Tech fami- guys who are advocating these propo- tions on the time, place, and manner of sitions want to do is they want to take lies, and they were together, and they assembly under the First Amendment, were watching us, and they were pray- away all of your guns. and that is completely constitutional. You were in the House a while before ing, I know, for us to do the right Is that the Senator’s understanding of thing. Yet, even with the family mem- I got here. To your recollection, has the clause? there ever been, in your time here, a bers who had suffered from the State of Mr. MURPHY. Another qualified Senator MURPHY and Senator proposal that has been put in place in right of the Bill of Rights. Congress to take away the guns of BLUMENTHAL, even with those family Mr. KAINE. I can do the same thing members hoping we would do the right American citizens? on the Third Amendment, and I can do Mr. MURPHY. It is a wonderful thing, we couldn’t get there. the same thing on the Fourth Amend- As surely as night follows day, there subtext to all of the rhetoric that ment, and I can do the same thing on have been other tragedies. And now— comes from the gun lobby and the NRA the Sixth Amendment and the Seventh something I hoped would never hap- that there is this secret agenda to es- amendment, the right to trial by jury pen—a shooting tragedy has eclipsed sentially get the camel’s nose under in civil matters. And each of these even the horrific tragedy in Blacksburg the tent through an expansion of back- rights are important just as the Second in 2007. ground checks or a restriction on indi- So the question that has to be asked Amendment is important, and in each viduals who are on the terrorist watch is, What will it take and when will we of these rights we commonly accept— list as far as buying guns, because the act? actually, we demand, not just accept— ultimate goal is to eventually para- So I would ask the Senator a series of that consistent with constitutional chute into people’s homes and take questions because I am not just grap- rights there be reasonable limits so away all of their weapons—gun confis- pling with this as a legislator; I am that we can live together in peaceable cation. grappling with this as a person, as a harmony as citizens. Of course, that is a mythology that parent, as a friend, as somebody who Would the Senator agree with me has been created by the gun lobby in has scar tissue. that there is nothing about those rea- order to sell more weapons and in order I have an organization, the National sonable restrictions in the First or the to make people scared of their govern- Rifle Association, that is Second or the Third or the Fourth or ment so they have to arm themselves. headquartered in my State and that the Sixth or the Seventh Amendments There is no logic to it. says we can’t do anything because of that is at all inconsistent with the con- As you state in reference to your the Second Amendment. stitutional framework that we take an question, there has never been a pro- Let me ask a couple of questions of oath to uphold when we come into this posal before the U.S. Congress to en- my colleague. The Senator would agree body? gage in any of the widespread confisca- with me, would he not, that the Second Mr. MURPHY. I haven’t memorized tion efforts that have been imagined Amendment is in the Constitution, so portions of the Constitution as well as out of thin air by these advocacy orga- of course it is important. It is impor- Senator KING has, but he very elo- nizations. tant, as the First Amendment is impor- quently stated for us the preamble of Mr. KAINE. I thought that was the tant, wouldn’t the Senator agree with the Constitution, which commits us case. I am a gun owner, I am a sup- me on that? first and foremost to preserve domestic porter of the Second Amendment, and I

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.108 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE June 15, 2016 CONGRESSIONAL RECORD — SENATE S3959 have been unaware of this body or any their fists and says we are trying to ers and non-NRA members support it. State legislature putting in a proposal take their guns away—that has no In fact, NRA members, frankly, have to take away folks’ guns, as advocates basis because there are no such provi- been historically those who have been would suggest. sions that are on the floor and that most supportive of provisions that Let me ask the Senator this one. have been introduced. An organization would prevent guns from getting into Here is a position this organization that says they want to keep guns out the hands of criminals because by and used to advocate all the time: We don’t of the hands of bad guys—the only way large NRA members are law-abiding want to have things that restrict law- to do that is to have a background gun owners. Historically, they have abiding citizens; we just want to keep record check. So doesn’t it seem like had some of the greatest concern about guns out of the hands of the bad guys. the organization’s principles are real- this, which is why it is so hard to un- For a very long time, that was the ly—well, let’s start with this: It seems derstand this disconnect between NRA’s position—don’t restrict law- to me they are at odds with the point where their members are, where gun abiding citizens; keep guns out of the of view of not only most Americans but owners are, and where the advocacy or- hands of bad guys. As far as you know, also most gun owners. Most gun owners ganization is. is there any way to enforce the exist- support the commonsense provisions Mr. KAINE. That is talking about ing laws and keep the guns out of the that you are describing on the Senate outside this building. How about the hands of the bad guys pursuant to the floor. disconnect between what our citizens, Federal laws that have been in place Mr. MURPHY. I assume you have gun gun owners, and NRA members want for a very long time and that prohibit clubs in Virginia, just as we have them and expect us to do and the complete nine categories of people from owning in Connecticut. lack of action and, frankly, counter- weapons? Is there any way to do that Mr. KAINE. Absolutely. productive action. job and keep the guns out of the hands Mr. MURPHY. If you walk into a gun Let’s talk about that. Congress has of the bad guys without a comprehen- club in Connecticut, there is going to given gun manufacturers a unique form sive background record check so that be pretty solid consensus that crimi- of liability protection that virtually somebody who is selling can determine nals shouldn’t buy guns. And those nobody else in this country gets. We whether somebody who is buying is a law-abiding gun owners who sit in have put a number of restrictions in bad guy? those gun clubs on Saturdays and Sun- place to stop research into causes of Mr. MURPHY. When we passed the days have absolutely no problem with gun violence, to stop the ability to background checks law initially, I say sales online or sales at gun shows being trace weapons in gun violence. These to Senator KAINE, it was pretty good at subject to background checks because are not only not doing the right thing keeping guns out of the hands of bad they have gone through background but doing the wrong thing in the sense guys because at that time the vast ma- check. They know that on average a of the thing that seems completely jority of gun sales occurred in brick- background check takes less than 10 contrary to the wishes of the constitu- and-mortar gun stores. But what has minutes. They know that it is nothing ents who send us here to represent happened, as you know, is that sales of more than a 9-minute, on average, in- them. guns have transferred from brick-and- convenience for someone who is buying Mr. MURPHY. When you present mortar stores to online sales and to a gun, and they support it further. these issues to the American public, sales in gun shows. Because the law has Frankly, those guys in the gun clubs they scratch their heads, or they not caught up, there are quite literally are amongst the loudest in their con- scratch their heads because they as- thousands of criminals and convicts cern that terrorists have the ability sume already that individuals on the and felons who are now walking into today to buy dangerous weapons and terrorist watch list cannot buy guns. gun stores are just typing in commit mass murder like we saw in They think it is absurd that we passed armslist.com online and buying guns Orlando. a law that subjects toy guns to a great- with no background check because the So this consensus that exists out er standard of negligence than real law has not kept up. there in the American public is not a guns. I mean, that is what that law ef- So if you are truly sincere about consensus amongst progressive Demo- fectively did. That law said that if you stopping the bad guys from getting the crats; it is a consensus amongst gun sell a toy gun, then you are going to be guns, then by definition you have to owners, non-gun owners, Democrats, subject to a higher standard of neg- expand the number of sales that are Republicans, moms, dads, conserv- ligence if that gun misperforms than a subject to background checks to those atives, liberals, Georgia, Connecticut, gun company is going to be held to if that are happening in 40 percent of the California. There isn’t a cross-section its gun—its real gun—misfires. When sales, which occur now online and in of the American public that doesn’t you explain that to somebody in your gun shows—never mind the fact that support keeping bad guys from getting State, whether you are in a red State the baddest of the guys are probably guns and thus the two reforms we are or a blue State, they scratch their the ones who have had known connec- asking for here today—a law that pro- heads. It doesn’t make sense to them. tions and communications with ter- hibits people on the terrorist watch list Mr. KAINE. Finally, Senator, if I rorist groups and who are not on that from getting guns and a law that ex- could do this, I know as part of stand- list today of those who are prohibited pands background checks to all of the ing on this floor, you are not standing from buying guns. forms in which guns are sold today. here over words in draft legislation, Mr. KAINE. May I ask the Senator Mr. KAINE. I would go one further. you are standing here because of peo- this since we have started to talk Not only is it consistent with what the ple. I sat with you, and we talked about about this question. Has anybody come American public wants in virtually any people in your community who had up to you and said: Hey, people on the ZIP Code in this country, I think the been affected. I would love to tell you terrorist watch list—we just shouldn’t notion of keeping guns out of the hands the story about just one Virginian, if I be worried about them. Why would we of bad guys, which for a long time has could, and then I would love to have worry about people on the terrorist been the stated principle of the Na- you comment on the story I am going watch list? tional Rifle Association—I think that to tell you. I could tell a lot of stories Have they tried to argue that those is in accord with the opinions of the about a lot of different people, but one are good guys? members of the National Rifle Associa- just epitomizes to me so plainly this Mr. MURPHY. Quite the opposite. tion. As I have seen polling by NRA challenge, and it is a story of a man They would rise to the highest level of members, the members of the organiza- named Liviu Lebrescu. concern for most of our constituents. tion overwhelmingly support back- Liviu Lebrescu was one of the people Mr. KAINE. Here is where I am puz- ground record checks because they who were killed at Virginia Tech. He zled. For an organization that says want to keep guns out of the hands of was a professor of aerospace engineer- that they are about the Second Amend- bad guys. ing. He was an amazing professor. On ment, they advocate a position that Mr. MURPHY. Senator KAINE, they April 16, 2007, when Seung-Hui Cho has no support in the Second Amend- support it. NRA members support it at came into Norris Hall and started ment. An organization that shakes the exact same rate that non-gun own- shooting people, he stood in front of

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.110 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE S3960 CONGRESSIONAL RECORD — SENATE June 15, 2016 the door and told his engineering stu- the Holocaust. For Jews worldwide and later. And there are certainly days dents to try to get out of the window so people who care about Judaism world- when I wish I wasn’t there and I didn’t that they would be safe. He blocked the wide, it is a day to remember the Holo- witness the things I saw and connect door, and Seung-Hui Cho was shooting caust. with the tragedy that was evidenced bullets through the door. He kept say- When you remember the Holocaust, that day. But our challenge from those ing: Hurry, hurry, hurry. Until the last well, it is one thing to reflect upon it, families is to stop being bystanders, breath he took, he told students to but it is another thing to reflect upon and there are similar stories of heroism hurry. Everyone in his class got out it as a Holocaust survivor. What you that maybe I will get the chance to tell the window except one other student, reflect upon is the perpetrators and the later tonight from inside those class- Minal Panchal, who stayed behind and gravity of the tragedy that they per- rooms, but a letter I keep with me is encouraged others to go ahead of them. petrated. You reflect upon the victims from a mother whose child survived Professor Lebrescu was one of the 32 who lost their lives, and you reflect Sandy Hook. killed that day. Here is the amazing upon the survivors. You reflect upon So let me just read an excerpt from it thing about Liviu Lebrescu that I just the heroes, and you also reflect upon before yielding the floor to Senator find myself continuing to contemplate. the bystanders. BLUMENTHAL, to make this challenge Liviu Lebrescu was 76 years old. He So while the students who went into real from a mom who thinks about this was born in the 1930s as a Jew in Roma- that class on the morning of April 16 every day. She said: nia. When Hitler and the Nazis started weren’t thinking about Yom HaShoah, In addition to the tragic loss of her play- to sweep across Europe, he and his fam- Liviu Lebrescu was. mates, friends and teachers, my first grader ily were put into labor camps and con- I have to believe that when that suffers from PTSD. She was in the first room centration camps. But this amazing shooting started on that day where he by the entrance to the school. Her teacher survivor, who was a young boy and a was thinking about what he had been was able to gather the children into a tiny teenager, survived the Holocaust. Most through, then he was faced with an ex- bathroom inside the classroom. There she istential—am I going to be perpe- stood with 14 of her classmates and her of his family was killed. He survived teacher, all of them crying. the Holocaust, and he was a teenager trator? Am I going to be a victim? Am You see, she heard what was happening on with a lot of his family gone. A lot of I going to be a survivor? Am I going to the other side of the wall. She heard every- people who had been through that ex- be a bystander? Am I going to be a thing. She was sure she was going to die that perience in Romania decided to leave, hero? He chose to be a hero, and he lost day. She didn’t want to die for Christmas. they were so shattered, but he said: his life. He chose to be a hero, and he Imagine what that must have been like. This is my home. My family is gone. lost his life. She struggles nightly with nightmares, dif- Would I do that? Would I stand in ficulty falling asleep, and being afraid to go This is my home. I am going to stay in anywhere in her own home. At school, she Romania. front of a door, block it, take bullets, becomes withdrawn—crying daily, covering Then the Soviet Union took over Ro- and tell my students to get out the her ears when it gets too loud, and waiting mania, and they asked that he re- window? Would I do that? I cannot hon- for this to happen again. She is six, and we nounce his Judaism, and he wouldn’t estly stand here and say that I would. are furious. do it. Then they asked that he pledge I can’t say that I would have the cour- I want to read the rest of this to allegiance to the Communist Party, age of Liviu Lebrescu. He was a hero. I challenge us to stop being bystanders. and he wouldn’t do it. can’t say I would be a hero. [We are] furious that 26 families must suf- He had gotten a Ph.D., and he was a But in this body, we don’t have to be fer with grief so deep and so wide that it is well-recognized engineer, but suddenly, heroes; we just have to not be bystand- unimaginable. Furious that the innocence first, he couldn’t travel to go to aca- ers. We have been bystanders in this and safety of my children’s lives has been demic conferences, and then second, he body. We have been bystanders in this taken. Furious that someone had access to was going to lose his job. Nation as this carnage of gun violence the type of weapon used in this massacre. This Holocaust survivor had to live has gone from one tragedy to the next. Furious that gun makers make ammunition under Soviet communism and be per- To cast a vote, that is not heroic. To with such high rounds, and our government does nothing to stop them. Furious that the secuted, but he wouldn’t give up his stand up and say, ‘‘We can be safer to- ban on assault weapons was carelessly left to faith, and he wouldn’t give up his morrow. We can protect people’s lives,’’ expire. Furious that lawmakers let the gun moral integrity. He kept trying for a that is not heroic. That is just saying lobbyists have so much control. Furious that better life. I will not be a bystander. And that is somehow someone’s right to own a gun is Finally, in 1977, when he was past 40, all we have to do—stop being bystand- more important than my child’s right to life. he was allowed to immigrate to Israel, ers. Furious that lawmakers are too scared to and he moved to Israel. That had been Mr. President, I would just ask my take a stand. his dream. And he was a teacher in colleague from Connecticut if he has This mother of a child who survived Israel. any close on that, and I appreciate the one of those Sandy Hook classrooms In 1985, he got a 1-year teaching fel- chance to engage in this dialogue with finishes by saying: lowship at Virginia Tech in Blacksburg him. I ask you to think about your choices. to teach engineering. He came in 1985 Mr. MURPHY. I thank the Senator Look at the pictures of the 26 innocent lives for a 1-year fellowship, and he kept re- from Virginia. That is as compelling a taken so needlessly and wastefully, using a newing it year after year after year be- case as can be made. weapon that never should have been in the cause he found in Virginia, he found in Before I yield the floor for a question hands of civilians. Really think. Changing the laws may inconvenience some gun own- from Senator BLUMENTHAL, who has America, he found in Blacksburg a ers, but it may also save a life—perhaps a community that he loved and a com- been here with me and Senator BOOKER life that is dear to me or you. munity that he cared about. for every one of the now 12 hours we Are you willing to risk it? You have a re- So somebody who survived a holo- have been standing here, I want to put sponsibility and an obligation to act now and caust of the Nazis and who survived the that challenge to stop being a by- to change the laws. I hope and I pray that Soviet oppression of his native land stander to the body in very personal you do not fail. couldn’t survive the holocaust of gun terms. This, for Senator BLUMENTHAL This was written by the mother of a violence in this country. and me, is rooted in our history as girl who survived the massacre at There is one more thing about Liviu well. Sandy Hook. Lebrescu. It is about the day he was I was not more than 30 days from my I yield to my colleague from Con- killed because it was a very different election to the Senate—a celebratory necticut—who has been here with me day for him than it was for his stu- moment in my life—when I was sitting and Senator BOOKER since the begin- dents. It was a Monday. It was April 16, on a train platform, waiting to go to ning, 12 hours ago—for a question, 2007. That day was a special day in the New York City with my then-4-year-old without losing my right to the floor. Jewish faith for somebody who was and 1-year-old to see the Christmas Mr. BLUMENTHAL. Thank you. And Jewish. It was Yom HaShoah from sun- lights, when I got the call about the I will ask a question of my colleague down on April 15, 2007, until sundown shooting at Sandy Hook, and Senator and friend from Connecticut, but first I on April 16. It is the day to remember BLUMENTHAL and I were there hours want to thank all my colleagues who

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That is our So I think that amendment has ad- Every one of us has this kind of expe- job—to act and to protect the Amer- dressed the concerns Republicans have rience that brings us here and binds us ican people. raised, and I hope, if we can get an together in this cause because we have I would ask my colleague from Con- agreement to bring that amendment to seen the flesh and blood and emotional necticut whether he believes we can a vote, they will see it as that con- impacts. And I want to read a letter reach a resolution here that will per- sensus product and allow us to adopt it. also from a Newtown survivor—an- mit us to act, whether reasonable I thank Senator DONNELLY again for other. I read one earlier. This is from minds can come together, whether we joining us, and I yield to the Senator someone who lived through Newtown can forge consensus involving the other from Indiana for a question without and wrote me after Orlando, and she side of the aisle, whether we can bridge losing my right to the floor. said: the partisan gaps and come together in Mr. DONNELLY. I have a question As a Newtown teacher who was in a meaningful way—as we have done on for the Senator from Connecticut, and lockdown at the Middle School on 12/14, this veterans issues, on immigration re- it is, Is this vote as simple as it ap- work is particularly important to me. That form, and on other issues, where we pears? could just have easily been my classroom, We are all moms and dads—all of us and I find it abhorrent that we have chosen may not have crossed the finish line in as a nation to be complacent in the face of the House of Representatives but, in in the Senate and the Gallery—many of mass shootings. It is incumbent upon us, our the past, we have succeeded in bridging us, all of us, and these 49 beloved peo- elected officials to enact meaningful change our differences. Is that possible? ple in Orlando all had moms and dads in order to save lives. I want to hear from the American who today are absolutely crushed. The I urge and implore citizens around people that they think it is not only unthinkable has occurred, the same as the country, people who are watching possible but necessary, and it is our at Virginia Tech, in my colleague’s this proceeding, who are listening to job. State, the same as at Charleston, the the powerful words of my colleagues— Mr. MURPHY. I thank the Senator same as the little children from New- most especially Senator MURPHY—to for that question, and I guess we both town, CT, in the home State of my two let us know that you hear us, and agree that of course it has to be pos- colleagues here. As I said, every one of equally important to let the other side sible. There just aren’t many moments these is a precious child. of the aisle know, which right now is in which the American public is so res- Is there any mom or dad anywhere on vacant—completely empty. This side is olute in their belief that we should do this floor or in our Senate who, when full, the other side is empty. Let them something and this place is so resolute you look at this, wouldn’t say: We can hear how you feel, the same way this in its belief it should stay on the out- avoid this, these tragedies, by saying teacher who lives in Trumbull, CT, let side of consensus. There just aren’t someone on the terrorist threat list me know how she feels. many issues where the American public shouldn’t be able to buy a gun or that There is a lot of talk these days in has decided at a 90-percent rate that we we expand background checks to online our politics about the need for should act and we refuse to do so. sales or gun shows so they are just the change—on the Presidential campaign, So my belief is, democracy doesn’t same as if you buy them at the local in the Senate campaigns, at every level allow for this condition to persist for store in town? These two bipartisan of our elected process. Politicians are very long, but I will be honest with my proposals are what we are talking telling people they will change things colleague. The burden is not so much about. in Washington. Well, we can give peo- on us. The burden is on our Republican My question is, Are these as simple ple change in our laws, in our enforce- friends to come to the table with pro- as they appear? And why on earth not ment practices, in our culture. It all posals that mirror those that are sup- only would any mom or dad be against has to change for lives to be saved. It ported by the American public. them but anyone on the Senate floor? isn’t only new laws, there has to be Today, the proposals we are asking Mr. MURPHY. I think this is a won- more resources for the enforcement of for votes on enjoy the support of 90 per- derfully simple question which a lot of that law. cent of Americans—increasing the people are probably asking: What is the The background check is actually an range of background checks and mak- problem? Is there a catch? Why isn’t enforcement tool. Expanding that ing sure terrorists don’t get weapons. there consensus? The simple answer is check gives law enforcement the abil- So given the fact the American public that there is no catch, and there is no ity to stop people already prohibited by supports our position, frankly, it would secret agenda. There is no alternative law from buying guns. The terrorist be irresponsible of us to agree to some- story line. This is about saying that if watch list and the Attorney General’s thing that is an abandonment of those you are on the terrorist watch list, you discretion based on evidence to stop fundamental beliefs on behalf of Amer- shouldn’t buy a gun, period, stop. And people engaged or preparing for ter- icans. if you want to buy a gun in a commer- rorism to be barred from buying guns Our frustration is that we have had cial sale, you should prove that you are is an enforcement tool. It protects peo- lots of time to work out a compromise. not a criminal first, period, stop. Those ple. So people should demand changes It was 6 months ago when we last had are the only two things that we are not just in the abstract and in general a vote on the issue of terrorist access asking for a debate and a vote on—no terms but in the way we deal with to weapons, and we still have not had secret agenda, no hidden prefaces. That guns. any effort, any outreach from the Re- is it. This day has been enormously mean- publican side of the aisle, to try and I thank Senator DONNELLY, and I ingful because of the reaction it has find common ground. So the answer is, yield to my great friend who has been provoked across the country in our of- of course, yes, we can find that com- with us for a majority of the evening fices, the phones that have rung, the mon ground, but there has to be an- here on the floor. He has not yet posed tweets that have emanated, and the other party to work with. a question. I yield to my friend from messages we have received in every I would commend my Republican Hawaii for a question without losing form, but it must be followed by ac- friends to take a look at the language my right to the floor. tion. In this Chamber we hear words. Senator FEINSTEIN filed today. It is not Mr. SCHATZ. I thank the Senator This place is filled with words. It is her original bill that was 18 pages long. from Connecticut and the senior Sen- what we do in this place—we talk. But The bill she filed today is a simple bill ator from Connecticut for their leader- actions speak louder than words. Now of about 2 to 3 pages, which simply ship. Before I ask my question, I want is the time for action. Enough is gives to the Attorney General the abil- to read something I received just about enough. ity to put a system in place whereby a half hour ago from a constituent: Give us the votes. Give us the votes individuals who have demonstrable Dear Senator Schatz, I am following the on these amendments. Let us vote. connections to terrorist organizations filibuster online and though I know you That is the reason we are here. Let us cannot buy weapons and a clear exit don’t need more convincing about what we

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On to everybody across the country who that we were sick and tired of the nor- Sunday afternoon I brought my 4-year-old to deserves people who are going to fight mal trajectory of thoughts and prayers the [University of Hawaii] campus for a film screening and I found myself, for the very on this issue. being sent out and then a dissipation first time, strategizing about where to sit The other really exciting thing that into nothingness, as is the trend line and what I would do if there was an active is happening is outside of the Senate, after these tragedies. We knew we had shooter and how I could best cover my son’s and that is more important. The gal- to do something different. But what is body if we couldn’t escape. I am not an anx- lery doesn’t usually get more and more wonderful about this is that much of ious person by nature but I refuse to accept crowded through the day. People visit, this is organic. This is now a dozen col- that powerlessness to gun violence must be people do their Capitol tour, and they leagues who are on the floor at close to our accepted ‘‘new normal.’’ I work dili- come and check out the gallery—and midnight this evening, and the gallery gently at my job and as a mom to care for we are yammering at each other or we my own kids and the community of students is increasing in numbers at this very I work with and am intentional in trying to are voting and we are shuffling time. I think the last I saw, 100,000 peo- create opportunities for their growth and around—and then they leave. But what ple were talking about this right now learning. So it seems completely insane that is happening in the gallery physically on Twitter. It has been the top in 2016 we have nothing more inspiring to is that people are actually coming to trending topic all day long. Thousands offer a nation of families other than hoping see that something meaningful has of calls are coming in to our office. I that loved ones are not ‘‘in the wrong place happened. Senator MURPHY’s phone hope this is a moment in which we all at the wrong time.’’ That is totally unac- lines are ringing off the hook. CHRIS get to remind ourselves that this ceptable to me and I am willing to help with MURPHY himself is the No. 1 trending any community or national efforts to bring change will not happen without vigi- about necessary change. . . . I have person- topic on Facebook. And it is not about lance—that it is not just going to be ally sent postcards . . . to every Senator who CHRIS MURPHY. It is about the sense this moment. It is going to have to be voted against background checks. Please let that maybe we can actually do some- repeated moments in which we engage your supporters in Hawaii know what we thing here. Maybe we can actually do the consciousness of this Nation. need to do. I will show up. #notonemore something here. So I do feel momentum here. We are Your constituent, Vanessa Ito. So for all of the people who are hopeful we will be able to proceed to at I really want to thank Senator MUR- watching this online or observing it on least votes on these measures so we PHY for his leadership in this. This is Twitter or hearing about it for the first can show the American public where really moral leadership. I was in the time, I want people to understand that everybody is. If we don’t win those Presiding Officer’s chair. Both Senator this is the continuation of a move- votes, we will live to fight another day. MURPHY and I were new to the Senate ment, but this is an inflection point. But these are galvanizing moments, under very, very different cir- This is a point at which we are not and it is heartwarming to know that cumstances, in a lot of ways both trag- going to accept that if 90 percent of the there are so many colleagues who have ic circumstances. But I was in the public is demanding that we take ac- stepped up to the plate to take part. chair and CHRIS MURPHY gave his maid- tion, the Senate and the House won’t. Mr. SCHATZ. I thank the Senator en speech. He was my friend. We had That is unacceptable to me. from Connecticut. I would like to ask a sort of just met and become fast Since I got to the Senate alone, there question specifically about the ter- friends. The first speech he gave was on have been nearly 1,000 mass shootings. rorist gun loophole. It seems obviously this topic, and I understood his per- That is not 1,000 people killed. That is straightforward to everyone that we sonal passion. But what he is doing 1,000 mass shootings. Over 40,000 Ameri- would want to prevent terrorists from now is bigger than that. He has dis- cans have been killed by guns, and getting guns, and yet we can’t get the played physical courage, emotional there are zero changes to our gun laws. other side of the aisle to even show up, courage, and political courage that I The shooting in Orlando was the worst let alone to vote to close this loophole. think we couldn’t imagine even at the mass shooting event that our Nation As we know, last year 53 Senate Repub- beginning of the week. And even has ever seen in one night—49 people licans voted against closing the ter- though all of us are committed to this killed and 53 shot and injured. Those rorist gun loophole that allows known issue, he shocked our conscience in numbers are shocking, but here is what or suspected terrorists to get guns. that caucus room and laid down a I think is even more shocking—and They had several excuses. But I kind of marker for all of us to do better and to Senator BOOKER mentioned this both in want to go through the main com- do more. public and in private: Since then, more plaint, and that is that there was not I just want to say one thing before I than that many people have been killed enough due process for these individ- go into a sort of preamble to my ques- as a result of gun violence. This hap- uals. That is just plain false. There are tion, and that is this: My instinct pens all of the time. several layers of due process, starting about this is that our political oppo- Now, the Orlando situation was with the procedures that are available nents absolutely rely upon our being uniquely shocking because of the pub- to anyone who does not pass a back- despondent. I think they absolutely lic dimension, because of the ground check when trying to buy a rely upon the idea that we will give up homophobia, because of the awful, gun. Anyone denied a firearm transfer by the end of the week—that we get graphic, shocking violence in one place has the right to find out the reason for our memo that this week is the Na- at one time for one purpose—to strike the denial, submit correcting informa- tional Defense Authorization Act, next terror in people’s hearts and to strike tion to the Attorney General, and even week is the Commerce-Justice-Science terror in the hearts of people who are bring a civil action against the govern- appropriations measure, and every gay. So that was uniquely shocking. ment. week it is a different topic. Donald But in terms of the number of people The bill that Senator FEINSTEIN has Trump will say something and distract killed, this was actually pretty similar introduced—of which I think every the national media, and everybody will to any other day in the United States. Member of the Democratic conference move on. So my first question for Senator is a cosponsor—provides additional due But here is why I am so hopeful MURPHY is—you haven’t taken a break, process. A person denied a firearm about what has happened today. It is you haven’t had a meal, you haven’t transfer because he or she was deter- not just that we have a bunch of Mem- been able to interact with your son or mined to be a known or suspected ter- bers of the Senate on the floor pretty your wife except in the gallery and at rorist can challenge the determination late at night. It is very difficult to get your podium. I guess my question for in court. According to the FBI: any of us together for anything other you is this: Do you feel momentum than lunch—for anything—and yet here A range of quality control measures are now? Do you feel momentum now? used to ensure that the Terrorist Screening we are. Senator MURPHY did some re- Mr. MURPHY. I thank the Senator Database contains accurate and timely infor- cruiting through staff and everything for that question, and I appreciate your mation. This includes regular reviews, peri- else, but this was organic. We saw what talking about how this happened or- odic audits, and post-encounter reviews con- was happening, and we wanted to offer ganically. We didn’t decide to do this ducted by the Terrorist Screening Center

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.114 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE June 15, 2016 CONGRESSIONAL RECORD — SENATE S3963 and the agencies that nominated the record Of course, this idea that has been their children, the people who do this to ensure the information continues to sat- proffered in the Cornyn amendment right are gun owners, are hunters, are isfy the applicable criteria for inclusion. that we voted on in December is laugh- people who even have a gun for protec- Just yesterday, the majority leader able. It is not a serious attempt to tion. stated the obvious—that nobody wants solve this problem in that it would pro- So the question I have for the Sen- terrorists to have firearms. But what is vide for a court determination and a ator is, What is the right balance, both really being proposed? The bill being court process before anybody on that under the law and from the perspective proposed by Senator CORNYN—a very list would be denied a firearm. That in- of keeping our people safe? skilled and good legislator—is just not dividual would have to walk into a gun Mr. MURPHY. This may sound viable. The Republicans who would store. The gun store would say, no, you strange, but you look to Justice Scalia vote for this bill over Senator FEIN- have been flagged by the Department for that balance. He writes in the ma- STEIN’s proposed legislation would keep of Justice, and we are going to call jority opinion in Heller, a decision that the loophole wide open, because this them to see if they would like to take a lot of our friends disagree with, that bill is unworkable. It will require law you to court over the next 72 hours in the Second Amendment right is not an enforcement officials to prove to a a process that no one knows what it unlimited right, just like all of the court that a gun buyer has already would look like. There would be poten- other amendments that Senator KAINE committed an act of terrorism instead tial discovery, the ability to rebut the and I spoke about. of stopping likely terrorists ahead of claim that you were a terrorist. It In an interaction that I had with time. Or the government would have to would be a laughingstock, a mockery Senator UDALL earlier in the day, we were remarking that neither of us be- prove to a court that there is probable of the judicial process. cause that a gun buyer will commit an I think those who have supported the lieve that this really was a debate act of terrorism. amendment probably know that. They about the Second Amendment. This So in order to stop somebody from are voting for it so they can claim that has nothing do with the Second buying a gun, you have to show that they supported something other than Amendment because the Second this person is going to commit an act the piece of legislation that the major- Amendment very clearly, as inter- of terrorism. Now, I am not the law- ity of Americans support, which is the preted by the Supreme Court very re- yer—and I am looking around and see- simple addition to the list of those who cently, is a right that comes with con- ditions. There are certain weapons that ing a number of lawyers on the floor. are prohibited from buying weapons of civilians shouldn’t be able to own, and But my instinct is if you have probable individuals who are on the terrorist no- there are certain individuals who cause that someone is about to commit fly list. an act of terrorism, you don’t allow a I will state very quickly as to your shouldn’t be able to own any weapons database to be pinged and say: I’m second question, yes, of course, if you at all if they have lost that right sorry, sir; we can’t give you your gun are serious about solving this problem, through, for instance, the commission today. You would arrest that person. you can’t just put those individuals on of a felony. We just shouldn’t accept You would detain that person. the no-fly list, on the list of those who this juxtaposition that gets made be- tween those who say that you either So my question for Senator MURPHY are prohibited from buying weapons. support the Second Amendment or you is first about this proposal from Sen- You actually have to also close that want to stop criminals from getting ator CORNYN, and whether you think it loophole that allows for thousands guns at gun shows. These two goals are would be workable. And then, if you upon thousands of gun sales to occur at wouldn’t mind fleshing out—even if we not mutually exclusive. gun shows and online because a ter- Every single one of us can be a sup- are able to solve this so-called terror rorist or a would-be terrorist may get porter of the Second Amendment and gap issue, if you would talk about denied at the bricks-and-mortar gun recognize, as the Supreme Court has straw purchases and the gun show loop- store, but then they can later that day very clearly, that there are limitations hole and how we have to be complete in go online or that weekend go to a gun on that right; for instance, your ability our strategy—that even if we solve this show at the convention center and buy to lose that right if you committed a problem legislatively, there are gaping a weapon. So you have to do both, crime or if you have had known asso- holes in our security when it comes to which is why we are asking for both of ciation with terrorist organizations. this issue. I would like you to talk us these votes. Mr. SCHATZ. Thank you. I believe through how all of these issues work Mr. SCHATZ. I thank the Senator the Senator from Wisconsin has a ques- together. Because one thing I know from Connecticut. I believe firmly— tion for the Senator. about Senator MURPHY is that he is and I really appreciated the conversa- Mr. MURPHY. I yield to Senator deadly serious about actually solving tions between him and Senator KAINE BALDWIN for a question without losing this problem. You don’t want to run on about the Second Amendment. I am a my right to the floor. this problem. You don’t want to tweet Second Amendment Democrat. A lot of Ms. BALDWIN. Thank you. Through on this problem. You want to actually us are. I believe firmly that as Senator the Chair, I would like to ask the Sen- fix it because you feel it in your gut. SCHUMER said, you can’t pick the ator from Connecticut a question, ac- (Mrs. CAPITO assumed the Chair.) amendments you like and pick the tually about a number of things—about Mr. MURPHY. I thank the Senator amendments you don’t like. I believe the need for us to stand united as a for bringing up this bogeyman issue that we can protect the Second Amend- country in the fight against hatred and that continues to come up about due ment while protecting communities terrorism and easy access to what are process. Let’s first be clear that there from gun violence. really weapons of war. It is about 6 is a double standard here. There is not As stated by the late Justice Scalia, hours ago that I came to the floor to a single Member of the Republican ma- ‘‘Like most rights, the Second Amend- participate in this very important dis- jority who decries the lack of due proc- ment right is not unlimited. It is not a cussion. ess when it comes to individuals who right to keep and carry any weapon Mr. MURPHY. That was 6 hours ago? are denied the right to fly because of whatsoever in any manner whatsoever Ms. BALDWIN. Yes. their inclusion on this list. Nobody and for whatever purpose.’’ Mr. MURPHY. Wow. stands up and says that there isn’t the To Senator MURPHY, I would like to Ms. BALDWIN. One of the things I ability to grieve the fact that you are ask him, how does he view the Second did was read through the names and on the list of those individuals who are Amendment fitting into this conversa- tell a little bit about each of the 49 vic- prohibited to fly. Yet there is some tion? Speaking of bogeyman, I think tims of the shooting in Orlando. I am special consideration that is supposed that there is this sense that if you are not going to do that again, but I do to be given to an individual who is for reasonable restrictions on pur- want to display their beautiful faces deemed to have an association with a chasing a gun, that you are against because I do think telling these stories terrorist group who wants to buy an as- guns. It seems to me, at least in the is such an important part of creating sault weapon. It would seem almost the State of Hawaii, that people who are the resolve we need as a nation, as a opposite. Maybe that individual should the most concerned with gun safety, nation united to take action. Not to re- be given extra consideration. the people who impart gun safety to peat too much of what I said earlier

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.115 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE S3964 CONGRESSIONAL RECORD — SENATE June 15, 2016 this evening, but our thoughts and shooting in Seattle, WA, in 2012, 6 dead, In August of 2012, a gunman killed prayers are no longer enough. 1 wounded; the Aurora theater shooting six and wounded four, including an Oak It gets me thinking about what will in Aurora, CO, in 2012, 12 dead, 58 Creek police lieutenant, when he it take, how many mornings do we wounded; the Sikh temple shooting in opened fire at the Sikh Temple of Wis- have to wake up to news of a shooting Oak Creek, WI, in 2012, 7 dead, 3 wound- consin during Sunday morning serv- in an elementary school or college ed; the Accent Signage Systems shoot- ices. He had a semiautomatic pistol, campus, a theater where people are ing in Minneapolis, MN, in 2012, 7 dead, and as I mentioned, murdered worship- gathering for a chance to escape and 1 wounded; the Newtown school shoot- pers before he was killed by the police. enjoy a movie, or as we learned last ing in Newtown, CT, in 2012, 28 dead, 2 He also injured four others, including Sunday morning, a nightclub during wounded; the Mohawk Valley shootings one of the responding police officers, June, which is Gay Pride Month, where in Herkimer County, NY, in 2013, 5 whom he shot 15 times. people were celebrating the accom- dead, 2 wounded; the Pinewood Village The victims of the Sikh Temple plishments of a movement and enjoy- Apartments Shooting, Federal Way, shooting were Satwant Singh Kaleka, ing themselves and recognizing that we Washington, in 2013, 5 dead, 0 wounded; age 65, and founder of that Sikh Tem- still live in a world with discrimina- the Santa Monica rampage in Santa ple; Paramjit Kaur, 41 years old; tion but feeling safe among friends, Monica, CA, in 2013, 6 dead, 3 wounded; Prakash Singh was 39 years old; Sita colleagues. the Hialeah apartment shooting in Hia- Singh was 41 years old, Ranjit Singh, It was an act of hate. It was an act leah, FL, in 2013, 7 dead, 0 wounded; the age 49; Suveg Singh, age 84. inspired by terrorists and terrorism, Washington Navy Yard shooting in Just a couple months after the Sikh and it couldn’t have happened without Washington, DC, in 2013, 12 dead, 8 Temple shooting in Oak Creek, WI, a such easy access to a weapon of war. wounded; the Alturas tribal shooting in gunman killed three and wounded four We offer our thoughts and prayers, but Alturas, CA, in 2014, 4 dead, 2 wounded; when he opened fire inside a salon and our thoughts and prayers simply are the second Fort Hood shooting—I can’t spa in Brookfield, WI. The shooter was not enough. Again, it makes me think believe I have to say that—in Fort the estranged husband of an employee of what will it take? I am ashamed it Hood, TX, 3 dead, 12 wounded; the Isla and entered the Azana Spa in Brook- has taken us this long. Vista mass murder in Santa Barbara, field armed with a .40-caliber handgun Earlier I read some names. Now I am CA, in 2014, 6 dead, 13 wounded; the and murdered three people, including going to share a list of catastrophic Marysville-Pilchuck High School his wife, and injured four others, in- events. Each one brought terror to a shooting in Marysville, WA, in 2014, 5 cluding a pregnant woman. community, brought grief and sadness dead, 1 wounded; the Trestle Trail The victims of the Azana Spa shoot- to families, and they have been reduced bridge shooting in Menasha, WI, in ing were Zina Haughton, age 42, the to ways of referring to them much in 2015, 3 dead, 1 wounded; the Charleston shooter’s estranged wife. According to the way that we decided to call the ter- church shooting, Charleston, SC, in witnesses, she heroically tried to stop rorist attacks on September 11, 2001, 2015, 9 dead, 1 wounded; the Chat- her husband from harming others be- 9/11. tanooga military recruitment center fore being killed. Cary Robuck, age 32, If you just look back a decade, and shooting in Chattanooga, TN, in 2015, 5 and Maelyn Lind, age 38, were also vic- this is not a database of all of them, dead, 2 wounded; the Umpqua Commu- tims. but it is a database of many of the nity College shooting in Roseburg, OR, In June of 2015 in Wisconsin a gun- mass killings in our country: the in 2015, 9 dead, 9 wounded; the Colorado man killed three, including two men Amish school shooting in Lancaster Springs shooting rampage in Colorado and an 11-year-old girl, on the Trestle County, PA, in 2006, killed 6, wounded Springs, CO, in 2015, 3 dead, 0 wounded; Trail bridge in Menasha, WI. 5; the Trolley Square shooting in Salt the Planned Parenthood clinic in Colo- We also had some success in thwart- Lake City, UT, in 2007, killed 6, injured rado Springs, CO, in 2015, 3 dead, 9 ing what could have been horrendous mass killings in our State. 4. You heard Senator KAINE talking wounded; the San Bernardino mass In late January 2016, a plan for a moments ago about the Virginia Tech shooting in San Bernardino, CA, in mass shooting at a Masonic temple in massacre in Blacksburg, VA, in 2007, 33 2015, 14 dead, 21 wounded; the Kala- Milwaukee was thwarted by the inten- dead, 23 wounded; the Crandon shoot- mazoo shooting spree in Kalamazoo, sive work of the FBI, and the plotter ing in Crandon, WI, in 2007, 6 dead, 1 MI, in 2016, 6 dead, 2 wounded; the was arrested and criminally charged. I Excel Industries mass shooting in wounded; the Westroads Mall shooting think it is important to note that Hesston, KS, in 2016, 3 dead, 14 wound- in Omaha, NE, in 2007, 9 dead, 4 wound- while I have talked about these mass ed; the Kirkwood City Council shooting ed; the Orlando nightclub massacre in shootings, these mass casualty events, in Kirkwood, MO, in 2008, 6 dead, 2 Orlando, FL, this past Sunday, 49 dead, we lose so many Americans on a daily wounded; the Northern Illinois Univer- 53 wounded. basis to violence in our communities, What will it take? How many times sity shooting in DeKalb, IL, in 2008, 6 and it is an epidemic. Since those do we have to wake up to these trage- dead, 21 wounded; the Atlantis Plastics shootings in Orlando on Sunday morn- shooting in Henderson, KY, in 2008, 6 dies? I have the honor of representing the ing, throughout the country we have dead, 1 wounded; the Carthage nursing seen at least that many deaths due to home shooting in Carthage, NC, 8 dead, State of Wisconsin, and as you heard me read through that list, you heard gun violence. 3 wounded; the Binghamton shooting in In Milwaukee, the local newspaper Binghamton, NY, in 2009, 14 dead, 4 that my home State, which I love, is not immune to these acts of violence. I has taken to creating a homicide wounded; the Fort Hood massacre, Fort tracker. They are literally counting Hood, TX, in 2009, 13 dead, 30 wounded; just want to talk about some of the mass shootings in Wisconsin in recent the homicides because they are so the Coffee shop police killings in Park- rampant. So far this year, their homi- land, WA, in 2009, 4 dead, 1 wounded; years. In November of 2004, during hunting cide tracker notes 51 homicides. This is the Hartford beer distributors shooting season in Sawyer County, six hunters just in one city in Wisconsin. Eighty- in Manchester, CT, in 2010, 9 dead, 2 were killed and two were wounded. two percent of those homicides were wounded; the Tucson shooting in Tuc- In March of 2005, a gunman burst into caused by people using guns rather son, AZ, 6 dead, 13 wounded, including the Church of Living God congregation than other means. my dear former colleague in the House during church services and fired 22 I just want to tell you one more of Representatives, Gabby Giffords; the rounds, killing 7, including the pastor name and one more story. In May, last IHOP shooting in Carson City, NV, in and his family. month, a little girl in Milwaukee 2011, 5 dead, 7 wounded; the Seal Beach In June 2007, five people were killed named Zalayia Jenkins approached a shooting in Seal Beach, CA, in 2011, 8 by a gunman, including twin infants, patrol officer and asked if they could dead, 1 wounded; the Su Jung Health their mother, and two other victims in keep her safe. The next week, 1 day be- Sauna shooting in Norcross, GA, in Delavan, WI. fore Zalayia’s tenth birthday, she was 2012, 5 dead, 0 wounded; the Oikos Uni- In October of 2007, six young adults shot by a stray bullet while watching versity killings in Oakland, CA, in 2012, were killed during a party in Crandon, television inside her house. She died 11 7 dead, 3 wounded; the Seattle Cafe WI. days later.

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.117 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE June 15, 2016 CONGRESSIONAL RECORD — SENATE S3965 Whether these murders were per- larity of gun violence that happens in school—his name was Kip Kinkel— petrated in violent communities, our cities, such that kids in Hartford, Thurston High School in Springfield, whether they are the acts of terror and CT, explained to me a year ago that po- OR, took the guns from his house. He terrorists, whether they are hate lice sirens and ambulance sirens are murdered his parents. He proceeded to crimes, the fact remains that we have their lullaby at night because it is just go to Thurston High School. He had to tackle this. When will be the time? a regular facet of their existence. The with him a 9mm Glock. He had a .22- The time is now. American people can’t accept that ei- caliber semiautomatic rifle, he had a It is amazing for me to see so many ther. .22-caliber Mark II pistol, and he had of my colleagues on the floor of the Let me just say before I turn the 1,127 rounds of ammunition. His goal Senate as the hour nears midnight in floor over to Senator MERKLEY how was to shoot as many students, to kill Washington, DC. We have a bill before proud I am of all of our colleagues, not as many students as he could. He shot us in the Senate that is the appropriate just for joining in but for the way in a lot of students. Two died and twenty- opportunity to take up this measure which we have conducted this debate five were wounded. As he exhausted the offered by my colleague from Con- over the last 12 hours. We are angry at ammunition in his semiautomatic necticut and another colleague, Sen- a lot of people, but I am really proud rifle, he had to reload the magazine, ator FEINSTEIN from California. It is that this debate has been on the level and as he did that, he was tackled by the Commerce-Justice-Science appro- and that we have tried to remain as one student who was already wounded, priations bill. We can’t let another mo- dispassionate as we can about the path six others piled on, and the carnage ment pass without a vote, without forward. ended. But he had only begun to tap doing everything within our power to Let me add one statistic to the mix. into the 1,127 rounds of ammunition he make the world a little safer, to do I just heard that my office has received was carrying. Thank goodness that in- more than hold these victims and their 10,000 phone calls today. I actually dividual, that student, Jacob Ryker, families in our thoughts and prayers. have no idea how my office could han- succeeded in stopping him when he was Thoughts and prayers are no longer dle 10,000 phone calls, so I asked to dou- reloading that rifle. enough. ble and triple check that number. We The year went on. November was the Earlier today my colleague from only have two phones up front. But we general election. I was elected to the Connecticut talked about the power of have apparently received 10,000 phone Oregon House. The Oregon House came this moment and how people are taking calls today encouraging all of us to into session in January of 1999, and we to social media and urging their elect- continue on this mission. said: It is time to fix the background I appreciate the work that is being ed officials to listen and act. I want the check system we have in our State. It done by the staff on the floor. They are people’s voice to be heard. I want it to is time to close the gun show loophole. be so deafening that our colleagues staying and laboring extra hours. We What makes no sense is to have this who suggest that the American public know that is not in their job descrip- background check system when you go for some reason isn’t behind this—we tion. This is the professional staff who to a gun store and then no background know the opposite to be true. We know man the desks and also the political check system when you go to a gun staff within both caucuses and the per- how much support there is for uni- show. And we knew that many people sonal staff. There are a lot of people versal background checks and for doing who had felony backgrounds were seek- who didn’t know they were going to be something as common sense as making ing to acquire guns. We knew that staying this late tonight, including sure that people who are on the terror many people who were deeply mentally those who are reporting our words, and watch list are not eligible to purchase disturbed were seeking weapons. They I thank them as well. guns, something as simple as allowing I want to acknowledge that there is were being turned away at the gun the FBI to deny a firearm sale to some- progress being made as we speak on store, and they were going to the gun body who is not able to fly on a com- trying to find a path forward. So I want show or they were going to the mercial plane because they are being to thank those on both sides of the classifieds. So we tried to pass that bill investigated for terror. In addition to aisle who are working to try to find a to close that background loophole, the tweeting, I ask Senator MURPHY, what way forward to take these votes. gun show loophole, and we failed. We would he urge people to do right now to We are hopeful at this hour. We still could not muster the majority, just as help us act? have more to say, and at this point I this body has not been able to muster Mr. MURPHY. Madam President, I will yield for a question to Senator the majority to address the complete thank the Senator for this question, MERKLEY without relinquishing my illogic of this situation. which is at the center of this moment. right to the floor. Then the citizens of Oregon took this This can’t just be about the 30-some (Mr. ROUNDS assumed the Chair.) into their own hands. They petitioned odd Senators who have taken to the Mr. MERKLEY. Thank you. I appre- for an initiative. They put it on the floor over the last 12 hours. And by the ciate the opportunity to ask a question ballot, and the citizens of Oregon voted way, we have now been on the floor for of my colleague from Connecticut. overwhelmingly—by a huge margin— over 12 hours. Earlier I came to the floor and I was they voted overwhelmingly to close the This has to be about something big- reflecting on the connection between gun show loophole. But it would be ger. This has to be about a national Connecticut and Oregon in terms of the many years later—not until 2015—that movement that commands this place to shooting in Sandy Hook and the shoot- the legislature would take the addi- act. It has happened before, and it has ing we had last year at Umpqua Com- tional step of closing the classified ads to happen here. It means voters have to munity College, the 10 individuals who loophole, or the Craig’s List loophole, elevate this issue on their priority list. were killed at Umpqua Community as it is often called. It means more people have to start College. But as I was pondering during So in Oregon, if you go to a gun store asking questions about why their Mem- the day, my head was going further or a gun show or to a Craig’s List list- bers of Congress, why their Senators, back in time to 1998 when I was run- ing, you have to go through a back- are voting in a way that is contrary to ning for my first race for State legisla- ground check. But someone who is the vast majority of their constituents. ture. Our primary was held May 19 of turned away in Oregon can go to any of It means everyone in this country de- that year, and I was immersed in this a number of States across our country, ciding not to accept what exists today primary. I was running a race against bypass that background check, buy as the status quo. two former State representatives and those guns, and come back to our home And let’s remind everyone, as Sen- the head of the water district, and I State. ator DURBIN has over and over again, was the individual who had never run It makes no sense to have a national that what exists today is not just a for office and never held office, and I system without national effectiveness. regularity of mass shootings; that assumed I would lose. But on May 19 And I so much appreciate my col- prior to 2008, it happened at the pace of when the results came in, I had won leagues being here tonight to talk one per every 2 months—these are the the primary. about this, to talk about the fact that big shootings—that now happen once Two days later, on May 21, a young those who are on a terrorist list should every single month. It is also the regu- man who had been expelled from his be on a list to deny guns, and that

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.118 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE S3966 CONGRESSIONAL RECORD — SENATE June 15, 2016 those who are denied guns—to have it against lesbian, gay, bisexual, and ter and work with and live with and effectively, you have to have a back- transgender . . . individuals. worship with and recreate with or in ground check system. The failure to actively oppose and the lives of legislators who work with- My State is a State that loves guns. prohibit discrimination leaves our in their institutions to say: We are We are a State with incredible wilder- LGBT individuals vulnerable based on changing hearts, but let’s change our ness. People love to hunt. They love to who they are or whom they love; vul- laws as well. target practice. They love to just shoot nerable to being evicted from their We have the 1964 Civil Rights Act as guns. And they love the Second homes; vulnerable to being denied cred- a foundation, a milestone, an anchor, a Amendment and nature. But they it or other financial services; vulner- foundation of laws against discrimina- voted for the background check system able to being refused basic services in tion, but when you read the 1964 act, because they knew it didn’t make sense public places, such as restaurants or you don’t see any protections for our to have guns in the hands of felons or shops, or terminated from employment LGBT community. Now many of us deeply disturbed individuals because of or otherwise discriminated against in have put forward a law called the the carnage that comes from that. employment. Equality Act that would remedy that, There is another story I wanted to (4) To allow discrimination to persist is in- that would use the foundation of the share that is related to 1998. This story compatible with the founding principles of 1964 Civil Rights Act to extend full fast-forwards from the primary elec- this country. equality for the LGBT community. tion in May to the general election in (5) Failure to ensure that all people of the It is unbelievable that today in October, November. So it was as we United States are treated equally allows a America you can get married to some- were approaching that first Tuesday in culture of hate against some people in the one you love in the morning and an- United States to fester. November, the general election, which nounce it in the afternoon and be fired would be held November 3. The day was (6) This hate culture includes continuing physical assaults and murders committed from your job—legally fired from your October 6, so roughly a month away—a against LGBT individuals, and particularly job or evicted from your apartment be- month before—a young man named against transgender individuals, in the fore nightfall because your marriage Matthew Wayne Shepard was offered a United States. demonstrates that you are gay or les- ride home by two other young men, (7) The events that transpired on June 12, bian or transgender or bisexual. Some Eric McKinney and Russell Henderson. 2016, in Orlando, Florida, were a horrifying States have remedied that, but we They didn’t give him a ride home. They and tragic act of hate and terror that took haven’t done it as a nation. And when took him out to a very rural area near the lives of 49 innocent individuals and in- jured 53 more. The victims were targeted be- you have a legal structure that em- Laramie, WY. They tied him to a fence braces discrimination, that fosters a because he was gay. They robbed him, cause of who they were, who they loved, or who they associated with. culture of discrimination among some. they pistol-whipped him, they tortured (b) It is the sense of Congress that— Let’s end that. Let’s end that structure him, and they left him there to die. It (1) it is time to end discrimination against of law. Let’s pass the Equality Act. was 18 hours later that a bicyclist LGBT individuals and stand against the cul- I am sure it will be sometime before riding past saw this young man still ture of hatred and prejudice that such dis- they call up the act in hearing in com- tied to a fence. The bicyclist thought crimination allows; mittee. That shouldn’t be the case on that Matthew Wayne Shepard was a (2) it is incumbent on policymakers to en- sure that LGBT individuals benefit from the something so profound, so important. scarecrow but went to investigate, re- It should have had a hearing right after alized it was a young man, and pro- full protection of the civil rights laws of the Nation; and it was introduced, and we will keep ceeded to get help. Matthew was ex- (3) Congress commits to take every action pushing for that hearing. We hope it tremely damaged. His skull was frac- necessary to make certain that all people in can get to the floor, but in the mean- tured, his brain stem absolutely in- the United States are treated and protected time, let’s stand behind a sense-of-the- flamed. He never regained conscious- equally under the law. Senate that it is way past time for us ness. He died six days later. That is the philosophy embedded in to address this issue of discrimination It was a hate crime that rocked the our Constitution—equal treatment and that fosters this culture of hatred. We Nation. It was a hate crime that equal opportunity. It is the spirit of saw that culture in full demonstration shocked the conscience. These crimes anti-discrimination that is our higher the night of October 6, 1998, when Mat- were happening with some regularity— self that we should treat each indi- thew Shepard was tied to a fence, bru- these hate crimes against our LGBT vidual with respect, each individual tally assaulted, tortured, and left to community—but this one caught the with dignity. It is the principle of op- die. We saw that culture of hatred in attention of the Nation, and a bill was portunity for all that cannot take Orlando, FL, with the deaths of so crafted, the Matthew Shepard Hate place when discrimination interferes. many beautiful young people on that Crimes Prevention Act. That bill was It is the spirit that we have carried tragic night. championed by my predecessor in of- along a long journey—a journey in So we have before us two challenges. fice, Gordon Smith, but it didn’t get which we have reached out to embrace Let’s address simple measures that can passed until I came to the Senate in individuals who were excluded. make a difference—that terrorists 2009—not because I came but because it Our original practices in this Nation shouldn’t have access to guns and that took that long to build the support on operated under the vision of full oppor- we should have a background check the foundation that others had laid in tunity for all, but it was a flawed vi- system that actually works, so gun the years before. So we passed that sion. It was a vision that didn’t include shows and classified ads are treated the hate crimes act, but the hate crimes Native Americans. It was a vision that same as a purchase at a gun shop. act doesn’t stop the discrimination at that time didn’t include individuals Let’s decrease the size of the maga- against the LGBT community. It who were minorities. It was a vision zines. When Kip Kinkel took 1,127 doesn’t stop the promotion of hate. that at that time didn’t include rounds of ammunition and 3 guns to his I am going to be submitting a resolu- women. But over time we have reached school to kill as many of his school- tion, and I thought I would read it to- out and started to make that incred- mates as he could, he was stopped be- night. It is a resolution that Senator ible picture portrayed in our founding cause he ran out of ammunition and ARK KIRK has agreed to cosponsor, M documents and in the hearts of our had to reload, and those 2 seconds gave that Senator BALDWIN has agreed to co- Founders a reality. We have done so in a fellow student, Jacob Ryker, an op- sponsor, that Senator CORY BOOKER has step by step along an arc. It was Mar- portunity to tackle him. He probably agreed to cosponsor, and I hope many tin Luther King who said that ‘‘the saved dozens of lives that day. others will join us in this. It says the moral arc of the universe is long but it We have the challenge before us of following: bends towards justice.’’ But that bend- these simple improvements in our (1) Equal treatment and protection under ing takes place because ordinary mor- background check system, in our ter- the law is one of the most cherished con- tals say they are determined to make rorist list, and in our gun magazines, stitutional principles of the United States of America. it happen. They apply themselves to but we also need to end the discrimina- (2) Laws in many parts of the country still that effort, whether in their everyday tion that is embedded in the law that fail to explicitly prohibit discrimination life with the individuals they encoun- treats millions of Americans as second-

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.120 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE June 15, 2016 CONGRESSIONAL RECORD — SENATE S3967 class citizens and can foster among background checks, and to make sure Ortiz-Jimenez, 25, known to his some, unfortunately, and contribute to everybody who buys a gun through a friends as ‘‘Drake,’’ was a native of a culture of hatred against those indi- commercial sale has to prove they are Santo Domingo in the Dominican Re- viduals. So let’s do both. not a criminal, but linking together public, according to his Facebook page. Tonight I am so honored to be here what I would call doubling down on in- It also says he studied law in Puerto with my colleagues sharing in this clusiveness that has to happen in the Rico. It goes on from there to talk joint effort to say enough is enough. wake of Orlando. about his life, but I did want to pay Let’s not hide from these issues. Let’s An incident like this has a tendency tribute to him as well. He was one of have a vote on these issues. Let’s be ac- to pull a community apart. Yet what the 49 killed in addition to Akyra Mur- countable to our constituents on these we know is that the way to prevent ray, who I mentioned before. She was issues. That will not happen if my col- this kind of tragedy from happening only 18 years old and lost her life as league from Connecticut cannot get a again is for to us recommit ourselves well. vote on the proposal he is putting for- to inclusiveness and to tolerance and The two scenes I wanted to bring us ward. to fighting discrimination. back to include, of course, Charleston, I wish this room right now had every I can’t say anything more than the SC. We are remembering that day of desk filled. The beautiful speeches my Senator said with respect to that com- horror as well. We had an incident this colleagues have been giving, the reflec- mitment as it applies to LGBT Ameri- weekend in a nightclub. In Charleston tions, the insight, the wisdom, the ear- cans. I do hope we are able to move the it was in a place of worship, and in nestness, the grief. But the room is not Equality Act through this body. I Sandy Hook it was in a school, a school full. We need our colleagues in the ma- think we are in a long and frustrat- classroom. All of these settings were jority to join us in this conversation ingly slow transition to a place that we where people, I think, should have that affects the lives of so many people all know we are going to get to, which some reasonable expectation of some in America. is the full right to individuals no mat- measure of safety, but even now that is What happened in Orlando, FL, not ter their sexual orientation. at risk because of the horror of gun vi- only killed 49 individuals, but it shat- I also know that coming off this trag- olence. tered their families, it shattered the edy, there is going to be a tendency to Today, I mentioned earlier as well: community, and it shattered and rever- marginalize another community, and Let’s remember the national number. berated throughout this Nation. And that is the Muslim community in this By one estimate, 33,000 lives are lost this—perhaps not to the same degree, country. As we talk about our efforts each year through gun violence. That but this type of violence goes on and on to build an inclusive society, we have is why when you add up all the well- and on. to remember that the way in which we known incidents, it doesn’t add up to I believe my colleague from Con- make our Nation safe is by building anywhere near 33,000 because as the necticut has said that a major event of these inclusive communities where Senator from New Jersey, Mr. BOOKER, this nature, of multiple deaths, occurs Muslim Americans feel a part of the reminded us, there are a lot of places in every month. If you look at the events whole, not feel excluded, because it between where the numbers go not just of person-on-person violence, if you builds and plays straight into the re- into the thousands but literally the look at what happens in our cities cruiting rhetoric of these terrorist tens of thousands, because of what hap- across this country, our rural areas groups if we are divided, if we push peo- pens on our streets day after day. across this country, every day there ple out to the extremes. But here is the reason I raise So I think this is a very important are acts of violence. Every day there Charleston. message for us all to hear, that fight- We know that took place at the are acts of hate crimes against our ing terrorism, whether it be hate-based Emanuel AME Church, often called LGBT community. So let’s do both of crimes or politically based crimes in- ‘‘Mother Emanuel,’’ in Charleston. these. spired by terrorist groups—we combat Nine people were shot in their place of We ask and we hope that citizens it best, yes, when we tailor our gun worship by a young man with hate in across the country will weigh in with laws to make sure that those who are his heart. That was a hate crime mur- those Senators who may not be here thinking about these crimes, these hor- der—certainly an act of domestic ter- tonight and may not have been here rific murderers, don’t get guns, but rorism. It had no connection to any- this afternoon and may not have been also when we build these inclusive thing international, nothing about here when this conversation started communities, which acts as a pretty ISIS or international connections. over 12 hours ago; that they might hear strong prophylactic to terror. The second incident I will mention at least a reverberation, that the I yield to the Senator from Pennsyl- has that same characteristic, hate and thoughts issued here reverberate back vania for a question without losing my murder domestically, nothing having through the country and come back in right to the floor. to do with some inspiration from a ter- those phone calls and in those letters Mr. CASEY. I thank the Senator rorist organization. to our colleagues’ offices; that they from Connecticut. The question I pose But here is the remarkable feature of might be aware and they might read will center on not just why we are here, what happened after Charleston, what the stories so many citizens could tell what the two measures are we are hop- some of the family members did. They of an incident that might have been ing to get a vote on, but why we seek were so courageous, just like so many averted if we had a better system of to have support for those—first, to others of these families who have lived laws on background checks and if we have support to get a vote in and of through this. After the massacre, the got rid of the discrimination embedded itself, and then to get support from our relatives of those killed attended a in our laws in this country. colleagues. bond hearing where the accused shoot- So I ask my colleague from Con- I want to take us back to two scenes, er appeared. They didn’t attack him, necticut, is it your hope, is it your as- one I referred to earlier today but one they didn’t yell at him, they didn’t piration that this body will indeed em- that I had just remembered tonight scream at him, they didn’t convey brace and have a full dialogue—not just that is a painful memory for a lot of their justifiable anger, even outrage, one side of the aisle but on both sides people in Pennsylvania. which we all would consider a justifi- of the aisle—and that will lead to votes I did want to say this first as well. I able feeling of vengeance, of score set- on these very significant proposals so had mentioned earlier a Pennsylvanian tling. However you want to call it, that we can act to make America a who had lost her life in Orlando in the they didn’t do that. Instead, what did better place? terrible incident of this weekend. What they do? They forgave him. Mr. MURPHY. I thank the Senator I did not mention was a second Penn- Nadine Collier, the daughter of Ethel, from Oregon for his passion on both of sylvanian, and I should have. The sec- who had been killed in the church that these topics and for laying out the ond person from Pennsylvania who was day, said to the killer: challenge for us, which is to move for- killed in that murderous rampage at You took something very precious from ward on these consensus proposals to the nightclub was a graduate of me. I will never talk to her again. I will close the terrorist loophole, to expand McCaskey High School in Lancaster, never, ever hold her again. But I forgive you. the number of sales that are subject to PA. And have mercy on your soul.

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.122 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE S3968 CONGRESSIONAL RECORD — SENATE June 15, 2016 So said Nadine Collier, a remarkable your work. That becomes one of the You can go down to a gun show at the local testament to forgiveness, to mercy, measures against which people will convention center and come away with a which is almost superhuman. make a judgment about you. So we are fully automatic assault rifle, without a I am not sure I could have done that. not asking people to do something that background check. . . . So what are you waiting for? I am not sure many people could have. is all that difficult. I know there might She wasn’t the only one. Other rel- be some political difficulty to it but, This is one of Al Qaeda’s top atives took their turn one after an- come on, this isn’t like having to for- operatives, directing individuals in the other expressing pain but always show- give someone who just murdered your United States to take advantage of this ing grace and praying for mercy. loved one and you are standing in front loophole. We have seen this trend line None of us or very few of us—and I of them. This isn’t as difficult as what away from other means of terrorist at- count myself among those who could the families of all these places men- tacks to the assault weapon, to the not—could do that in that cir- tioned went through—Nickel Mines, firearm. So we should pay attention to cumstance. That was Charleston, SC. PA, all the way through Sandy Hook this trend and do something about it. Let me take it back in time. I was so Elementary School in Newtown, CT, The real risk is doing nothing, Sen- moved that Senator BALDWIN men- and all the way to Orlando, FL. We are ator CASEY. There is no risk in voting tioned, when she was doing that chro- not asking people to do anything very for this. You will be celebrated by the nology, that she started in 2006, 10 difficult. All you have to do is put your American people. After tonight, I hope years ago. I mentioned Lancaster hand up and then put it down twice if there will be even more who will join County before, Lancaster, PA. The first you are going to vote for it. And if you our call. incident she mentioned was so-called want to vote against it, so be it. The real risk is in standing pat and Nickel Mines, a small community in But at least put your hand up to allowing for ISIS to recruit straight Lancaster, this Amish community. It allow a vote on two simple measures into the loophole that we have created. is this great community of faith of in- that will begin—just begin—the long Think about what we are doing. We are dustriousness people and a community journey to rectify a substantial na- selling guns to the enemy knowingly if that is bonded together by their work tional problem that takes 33,000 people we allow our set of laws today to per- ethic, by their faith, and by their fami- every year. All we are asking for is a sist. That is why we have to move for- lies. start, a foot in the door, maybe even a ward and enact these commonsense Even that tranquil community—that toe in the door—but just a start to do measures. community which has enjoyed for gen- something about this problem we have With that, I yield to Senator KING for erations a kind of tranquility that to reduce this number. a question, who has been great to be many other communities would not— No one can convince me that the with us for the majority of this late was subjected to violence. greatest country in the history of the evening, without losing my right to the Ten years ago, this coming October, human race cannot begin to tackle this floor. a man entered a one-room Amish problem. This idea that there is noth- Mr. KING. I wish to discuss with the schoolhouse in Nickel Mines, PA, with ing we can do, that all we need to do is Senator and bring back the point we a cache of weapons, including a 9mm enforce the law just doesn’t make sense were discussing some 4 hours ago. It is pistol, two shotguns, a stun gun, two anymore. It really, really doesn’t if hard to believe that it was some 4 knives, two cans of gunpowder, and 600 you look at the facts. hours ago, but this is really a national rounds of ammunition, into this small In essence, there is nothing we can security discussion. This is really a na- community of the Amish community. do, some say in Washington, other than tional security discussion because of He executed five girls and wounded enforce the law and just hope that good the changed nature of our adversaries six others before taking his own life. It law enforcement every day of the week and the changed strategy that they is hard to comprehend the horror of is going to save 33,000 lives. That is not have for attacking us. that scene, just like so many others we logical. It is not tenable based upon the But first I want to go back to the talked about. facts. To me, it is unacceptable. Constitution, and purely by coinci- Yet on the very same day, as the So I would ask the Senator from Con- dence today I am wearing the Constitu- shooter committed this heinous act, a necticut, a very simple question. What tion. My daughter bought me this tie grieving grandfather told young rel- are we asking people to do, Members of at the Library of Congress, and it is atives: ‘‘We must not think evil of this the Senate, in the next couple of days the handwritten version of the Con- man.’’ ‘‘We must not think evil of this and asking them as well as we are ask- stitution. You can see ‘‘We the People’’ man.’’ ing Members of the Senate to do some- in very large letters. I mentioned both of those scenes, thing which puts them in any risk be- Why are governments formed, why scenes of the kind of bloodshed, trag- yond political risk? are constitutions written? Going back edy, and horror that we cannot even If you could just reiterate for us to the earliest human societies, the imagine. I certainly cannot. But in what is at stake here, why we need to fundamental function of bestowing both instances you had very close rel- take at least these two actions, and power on the government is to protect atives in the immediate aftermath of how we can best begin to solve this you. Security is the fundamental, most the killings expressing mercy and for- problem. sacred obligation of any government. giveness. Nadine Collier saying: Mr. MURPHY. I thank the Senator And our Framers recognized that be- But I forgive you. And have mercy on your from Pennsylvania for his comments cause in the preamble to the Constitu- soul. and the question. Of course, the answer tion—the heart of the document, why And the Amish grandfather said: ‘‘We is that there is absolutely no risk in- we are doing this—the Framers were must not think evil of this man.’’ volved in the votes that we are hopeful explaining to posterity, and two of the We are not asking anyone in this to bring forward in the Senate. Why? fundamental purposes, among several Chamber to do anything like that. We Because these are propositions that are others, are to ensure domestic tran- are not asking anyone here to forgive supported by the vast majority of the quility and provide for the common de- someone who just murdered one of American public. There is no con- fense—the basic function of any gov- their family members. We are not ask- troversy over either of these issues. ernment and the explicit function of ing someone in this Chamber to do The risk is in doing nothing. The risk our government. something which is, in a sense, super- is in continuing to allow for this very Now, here are three important dates: human. We are just asking people to large loophole for would-be terrorists 1812, 2001, and 2016. There is 1812 be- support two votes. to walk through. cause that was the last time an adver- In this place, when you are a U.S. I won’t read it again, but several sary violated our shores. That was Senator you are judged on a number of times on the floor today I have read when Washington was burned by the scales, but you are mostly judged on this quote from a now-deceased Al British. It was the last invasion of how you vote. That is what we are sup- Qaeda operative in which he very clear- America until 2001, but 2001 and 1812 posed to be doing here—how you vote. ly advertises to recruits here in the have some similarities because 2001 And that becomes the scorecard of United States: was, in effect, a foreign invasion. It

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.123 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE June 15, 2016 CONGRESSIONAL RECORD — SENATE S3969 was plotted abroad, it was planned plicitly told people to do that. So if we it be Al Qaeda or ISIS, now are more abroad, and people came here from out- don’t do both things, it really is a false dependent than ever on inspiring and side of our shores and attacked our security. We are kidding ourselves. So launching lone-wolf attacks. Why? Be- country. we have to, one, close the terrorist cause they are losing ground in Syria Now, in response to that attack in loophole. I would venture to say 90 per- and in Iraq, and this notion there was 2001, we mobilized a number of re- cent of the American people agree to going to be an inevitable caliphate that sources. We developed ways of pro- that. If you were to walk up to people was going to grow and prosper and con- tecting our aircraft, we developed great on the street and say: Do you think trol large amounts of territory in the intelligence, an ability to determine people should be prevented from get- Middle East is no longer a reality. when people were plotting against us, ting on airplanes but they should be As someone earlier today said on the and indeed we sent our blood and treas- able to buy guns, they would look at floor, there is a record-low trickle of ure and young people to Afghanistan you like you were crazy. That doesn’t American citizens today going because it was a haven for terrorists. make any sense. abroad—maybe it was my colleague That was the reason we went there and Yes, there are constitutional provi- from Maine—to join Al Qaeda, which in fact are still there—to keep that sions built into the amendment we are suggests how their pull, how their country from becoming an incubator talking about that allow people who gravitational pull has been greatly re- for terrorists to attack this country, are wrongfully on that list to have an duced. and we have been effective. We have opportunity to get off the list and to It means there are right ways and been effective in preventing an attack contest that designation. So this isn’t wrong ways to engage in this second on our country from abroad. some kind of wholesale violation of the front, this effort to try to launch lone- So as is always the case with war- Second Amendment. This respects the wolf attacks. The wrong way is to fare, our adversaries have developed a Second Amendment and is based upon marginalize Muslim communities in new strategy, and that is why the third the premise that due process is avail- this country by telling them they are date I mentioned is 2016. It was in the able in this situation. less than, by telling them they are last few years, particularly in the last Then we have to close the gun show threats, by nature of their ethnicities year, as ISIS has begun to be beaten loophole and the online loophole be- or their religion, to the United States. back and to lose its territory in Syria cause otherwise doing the first thing Mr. KING. Will the Senator yield for and Iraq, that they have developed a just isn’t going to be effective. So the a question? Mr. MURPHY. I will yield for a ques- new strategy which doesn’t involve two things together, to me, are na- tion. tional security and personal security sending people here. It doesn’t involve Mr. KING. On February 15, 2015, sending arms here or bombs or any- because of all the other tragedies that Dabiq, which is the sort of public news- thing else. It involves using the Inter- we have talked about tonight that paper of ISIS, published an explicit net to radicalize people who are al- don’t involve Al Qaeda or ISIS or al- strategy for what they hope will be- ready here—often they are U.S. citi- Nusra or al-Shabaab or any of the come a worldwide conflict. The strat- zens—and then turn them against us. other terrorist organizations but in- egy is that westerners will fall into the That is the new nature. This is ter- volve our individual citizens being trap of persecuting Muslims and drive rorism 2.0. That is the nature of the killed in just stunning numbers. Since them into the arms of radicals. That is struggle we are in now, and that is why we have started talking here today— the strategy. the amendment that is being proposed since the Senator took this floor—a So to the extent that we persecute makes so much sense from the point of dozen people have been murdered by and marginalize these overwhelmingly national security. guns—one an hour, 24 hours a day, 365 peaceful citizens who want to be citi- If we discover an arms cache in days a year. zens of our country or citizens of other Syria, we bomb it, but if ISIS wants to So we have a national security rea- countries in the world, we are doing attack us here with terrorism 2.0, we son to do this, and we have also—re- their job. They said that is what we sell them weapons. It makes no sense. member, the preamble, and I will finish want to do and indeed some people in The first rule of warfare is disarm your with my question. The preamble has our society have fallen into that trap enemies, if you can, and that is exactly two pieces: provide for the common de- and are doing it. This is exactly what what we are talking about. fense. That is what I have been talking they want because they want this to be I think a lot of people just say: Well, about—national security. Insure do- a war between Islam and the West. Do this is just another gun control debate. mestic tranquility. That means keep- we really want to radicalize 1.6 billion We are talking about gun control. We ing people safe here, not from enemies people and 3.3 million here in this are talking about national security. We abroad but from criminal elements country, the vast majority of whom are talking about defending ourselves within our own society—again, the want nothing more than what the rest from a strategy that relies upon people most fundamental and sacred obliga- of us want, which is to raise our fami- being able to acquire guns easily in tion of ‘‘we’’ as a government. If we lies and live our lives and enjoy the this country—people who are terrorists don’t do this, we are committing con- benefits of this wonderful country. or who are inspired by the terrorists or stitutional malpractice. We are not So I agree with the Senator and who want to be terrorists. And we can’t abiding by the most sacred obligation would ask him if he concurs that if we have a bill that says you have to have in our Constitution—to keep our people are marginalizing people of any faith, probable cause to show you have al- safe. It can be done consistent with the then in this particular case we are ready committed a terrorist act. That Second Amendment, respectful of the driving them into the arms of our ad- is too late. It has to be prevented, and Second Amendment, but in a way that versaries. that is what we are talking about here will fundamentally realize the promise Mr. MURPHY. The name Dabiq itself, today. the Constitution makes to all Ameri- which is the name of the publication So I think it is very important to re- cans; that their government will pro- this organization—that ISIS sends to mind ourselves that this is really a na- tect them from foreign attack and the rest of the world is rooted in a spot tional security bill, and it makes no from domestic unrest. that is representative to this terrorist sense to close the terrorist loophole So I ask the Senator: Does he view group of the historic clash between unless you close the gun show loophole this as, in large measure, a national se- East and West. So the entire orthodoxy because the terrorists aren’t stupid. curity issue? of ISIS is based on this idea that we The terrorist APB they send out from Mr. MURPHY. I thank the Senator convince would-be converts that this is somewhere else in the world to tell from Maine, especially because, as he a fight between the Muslim faith and somebody to get a gun and kill people mentioned in his previous comments, the Christian faith, which just again will also say, by the way, do it at a gun he sits on the Intelligence Committee speaks to the fact that there are right show or do it online because they will and so he is, frankly, privy to informa- ways and wrong ways to go about ful- not check you. tion he likely cannot state on the floor filling the mission my colleague has My colleague already read a quote but is directly on point, which is this articulated in the preamble of the Con- from the Al Qaeda operative who ex- notion these terrorist groups, whether stitution.

VerDate Sep 11 2014 08:08 Jun 16, 2016 Jkt 059060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JN6.125 S15JNPT1 emcdonald on DSK3SPTVN1PROD with SENATE S3970 CONGRESSIONAL RECORD — SENATE June 15, 2016 The wrong way is to blame these at- we stood on the lawn and didn’t know process, can’t go through the extraor- tacks on everyone who shares the Mus- which way to turn, feeling that the dinary process of going to a gun show. lim faith. The right way is to target next plane was headed for the Capitol I have been by these gun shows in the the very small subset of individuals of dome. That was the threat we faced armories and gymnasiums across Illi- any faith who have connections to ter- and the reality of that threat right nois. They all come piling in to show rorist groups. The good news is that be- here in this building, that some terror- their weapons and sell their weapons, cause of a network of surveillance we ists—unimaginable—would use an air- and people buy them in bulk. And rare- have endorsed, we can do much better plane to attack us. That was the weap- ly—in some States, in Indiana for ex- than before in finding what individuals on. ample, for many sellers there is no have that contact with terrorist Well, it was a bitter lesson, and 3,000 background check. Do you want to buy groups, and when we find that out, it innocent Americans died. We changed more than one, a Glock pistol? How simply makes sense that we shouldn’t America. Osama bin Laden changed much money do you have? Do you want sell them weapons. America. The way we went to the air- to fill up the trunk of your car and I thank the Senator. port, when we arrived, how we arrived, take them in to the city of Chicago? Be Mr. KING. I thank the Senator for what we carry, what we wore became my guest. This is exactly what hap- his answers and for his leadership on part of our defense of America, and for pens. Of course, now the Internet is an- this issue. 15 years it has become a routine. Our other source. Mr. MURPHY. I would say in yield- children and grandchildren have grown Are we so certain of the security of ing to Senator DURBIN for a question, up with it. They couldn’t imagine a America that we are not going to pro- just personally, it has meant so much day when you didn’t go through intense tect our families and our friends and to me to have Senator DURBIN on the security at an airport. But before 9/11, the people we love from the next at- floor for almost the entirety of the now it virtually never happened, and when tack, from the next would-be terrorist? 13-plus hours. He is frankly a hero to it did it wasn’t very reliable. I don’t know if this man in Orlando was those of us who showed up relatively What we are talking about is a new truly associated with a terrorist orga- late to this fight for justice on the strategy, a new tactic by terrorists. nization. The investigation is under- issue of combating gun violence. I am That is why this debate is about more way. Some of the things he said were so thankful to Senator DURBIN for than just this horrible tragedy at Or- nonsensical when it came to identi- being here consistently with us, and I lando. It is about a pattern that is fying himself with these terrorist yield to him for a question without los- emerging of those who are radicalized groups. I don’t want to dismiss that ing my right to the floor. and marginalized and turn to guns that possibility. Let the FBI investigate Mr. DURBIN. I would like to propose they can buy legally in the United that in its full range to find out wheth- a question to the Senator from Con- States to threaten us. How serious are er he was associated. But then who is necticut, but before I do, first I would these guns? In an earlier meeting, I the next one? And will the next one like to thank the Senator who is pre- made a mistake of calling it an auto- have access to some weapon that can siding at this early morning hour. I matic weapon. The weapon that was kill so many innocent people at once? thank him and his fellow Senators who found to have been taken in by this That is what this conversation is all made this possible. man in Orlando is a semiautomatic about. It isn’t about some age-old de- A special thanks to staff. They have weapon. The difference, of course, is bate on the floor of the Senate. It is been thanked before, but they should with an automatic weapon, you hold about the new world we live in. The be thanked again for their diligence the trigger and it bursts all the car- Senator from Maine made it clear. The and patience during this conversation tridges in the magazine, as many as Senator from Connecticut read directly and debate on the floor of the Senate. you have. With a semiautomatic, you from terrorists who were instructing And a special thanks to the pages literally have to pull the trigger each those who would kill Americans how to who stayed late, late tonight and will time. But let me give an idea of what get it done most efficiently. That is have stories to tell about that night that meant. what we are trying to stop. That is when the Senate went into the morn- In the early morning hours at the what this is all about. It will be great ing and we were there. So you will be Pulse nightclub in Orlando, a brief if at the end of this we not only get able to tell those stories when you get video was uploaded to Snapchat by one these amendments called, but maybe back home to your families and of the victims, Amanda Alvear. It was even a bipartisan agreement on stop- friends, but it is a historic debate and the last video she ever shot because she ping terrorists from buying guns in it is an important debate and it is one died. What the early moments of the America to threaten innocent people in that will affect your lives and the lives massacre sounded like came through Orlando, in Connecticut, in Illinois, in of the many people you treasure on on the Snapchat video: a frantic drum- Maine, in New Jersey. this Earth. beat of shots, 17 or more shots in 9 sec- I would close by first thanking Sen- We come to this floor at this early onds, one shot per trigger pull in a con- ator MURPHY and Senator BOOKER, who morning hour—a quarter to 1 here in tinual barrage. Today the FBI told us has been a stalwart supporter and Washington, DC, as the Senator from there were hundreds—hundreds of shots friend throughout this debate. I believe Connecticut noted, more than 13 hours fired. he has tried to stand by Senator MUR- after he first took the floor—to discuss So when we talk about a potential PHY literally throughout. I say to Sen- the critically important issue about terrorist with a gun, it is a terrorist ator BOOKER, thank you for bringing to the safety and security of America. with the capacity to kill hundreds of our attention at our caucus lunch yes- When I think about what we are fac- people. That is the new tactic. And terday the fact that this is about more ing here, as has been said by the Sen- that is why this conversation is not than mass murder. It is about the mur- ator from Maine, we are dealing with a just about the Second Amendment in ders of Americans that go on every new strategy by terrorists. I can re- theory; it is about keeping America day, every hour. In the cities that we member the day of 9/11, 2001, in the safe in fact from the new wave of ter- love, innocent people die because of it. room just a few feet away, when a lit- rorism. It is all part of the same conversation tle after 9 in the morning we quickly When the Senator from Connecticut and the same debate. I thank the Sen- turned on the television to see that took the floor, it was for two reasons. ator for bringing that message home. It planes were crashing into the World We said them and we should say them touched me because of what we are en- Trade Center in New York. By the time again—to make sure that if someone is during in my State of Illinois and the the second plane went in, we knew it suspected of being a terrorist, they city of Chicago. wasn’t an accident. Then there was a cannot legally purchase a weapon in I say to Senator MURPHY, it has been crash at the Pentagon, black smoke America, and particularly not this a long day. Here we are, a new day. I billowing over the mall, and we were kind of weapon that could create such hope it is a new day for our country— quickly advised to evacuate the Cap- carnage and kill so many innocent peo- a new day when we start looking seri- itol of the United States. We did. We ple. Secondly, that this terrorist, once ously at putting an end to this gun vio- raced for the exits and went outside, realizing he is stopped by the legal lence and this carnage and doing a

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At the not only has not left the floor to use dreds of people have to be here as end of this battle there are more to be facilities, but he has stood in the sad- well—not just the people you see here fought, not just on this issue but on dle and has been for this entire time— on the floor. The pages are in their the issue of military-style weapons as our colleagues have flowed through first days, and this is one of their sem- being sold to civilian populations. But this Chamber, he has been answering inal experiences. Not the folks who are let’s save that for another day. I would question after question after question working behind the dais there, not the just ask the Senator in closing what he after question on a topic that he is pas- great Republican colleagues who have is feeling as he watched his colleagues sionate about, on a topic about which had to man that chair, but there are se- give up their time during the course of he feels deeply and personally. I just curity guards and subway operators yesterday and the early hours of this want to thank him for his leadership and the people who are seating folks in morning in terms of the intensity of because it has captured the attention the gallery. feeling and the stories that he heard of our Nation. I want to say thank you, and I want that I hope have inspired him as they This filibuster right here—I know a to point out the fact that CHRIS has have me. little bit about social media. This fili- helped to pay for food for not only a lot Mr. MURPHY. I thank the Senator buster right here has been the focus of the folks here but including the Re- from Illinois. I thank him for setting trending on Twitter, the focus of publican cloakroom. I appreciate you, an example of how to speak truth to Facebook. It has created media atten- Senator MURPHY. power in this body. We have talked tion on a problem because in a sense Now I want to get to the framing of over the course of this afternoon about the Senator is giving hope. His very in- what this is about because there has the influence of special interests and tention of coming here has met the ur- been a lot talked about tonight, most how they have affected this debate. gent need that the public has seen that of which I agree with, a lot discussed, There is simply no one in the U.S. Sen- this auspicious body, this greatest de- a lot far afield, but you came here with ate who, over a period of time, has ig- liberative body on the planet Earth, a purpose around two issues that are nored special interests and money and this Senate, designed by the Constitu- common sense; one is that in the power and just done and said and tion to deal with the biggest problems United States of America, if our inves- fought for the right thing over and of our land—this body would not just tigatory authorities see people as over again. To the extent that people go on with business as usual. What the threats, are investigating people be- like Senator BOOKER and I made the Senator chose to do is to say: Enough. cause they are believed to be desirous choice to run for this body even amidst Stop. We are going to have a discussion of committing acts of terrorism on its reputation for dysfunction, it is be- about an issue that is not just on the American soil—people who have al- cause we hoped that when we got here minds of the American public but is ready been banned, in some cases, from we could maybe—we could maybe— grievously affecting the hearts and the flying on airplanes—we should take a equal some portion of the example that spirit of our Nation. step, we should make it the law of this the Senator has set. So personally— Tens of thousands of people since land that the person who is a suspected and I think I can speak on behalf of Sunday have been standing around our terrorist, that person who can’t get on Senator BOOKER and Senator country in vigils, in solidarity, express- an airplane, that person also should BLUMENTHAL and myself. Certainly, for ing their pain and expressing their sor- not be able to buy an assault rifle. me it has meant so much that the Sen- row but expressing the feelings they That is so commonsense that as you ator has been here for the totality of have that we should be better than to said earlier today, perhaps 4, 5 hours this debate. I say to Senator DURBIN, allow such grievous, terroristic, hate- ago, many people in America are thank you. shocked when they realize that a ter- It has meant just as much to me to ful acts to happen on our soil. While have all our colleagues here today. It the American public has been stepping rorist loophole actually exists. What has meant the world to me to have up, this body today had a different you are fighting for, Senator MURPHY, plan—to move on a piece of legislation, is not radical. It is not out of the box. Senator BLUMENTHAL, my partner, en- gaging in this together and to have to barely acknowledge this. It is common sense. So before I want to really reframe What is even more important is that Senator BOOKER, as was mentioned, in in this day and age, when partisanship an act of wonderful sympathy, make this, I just want to say to the Senator, the decision to stand on his feet for the thank you for the courage that you does cripple this body from time to duration of this time as well. have put forth to say: Enough is time on big issues, this issue is actu- This has been organic. We sent out enough. No business as usual; we are ally not partisan. Study after study the word that we thought this was going to stop, and we are going to push has shown, survey after survey, poll something important, but this really for two commonsense amendments after poll says overwhelmingly Ameri- happened of its own volition. Every- that cannot end gun violence in Amer- cans agree with this. In fact, over 80 thing that has happened outside of this ica, cannot stop terrorist activity here percent of American gun owners say we Chamber today and tonight, with the and abroad, but they can take a step— need to close the terrorist loophole. In hundreds of thousands of interactions, a constructive step—toward beginning fact, over 70 percent of NRA members the ten thousand phone calls that have to choke the flow of commonality of say we should close the terrorist loop- just come into our office alone speak to these incidents on American soil. As hole. the wellspring of desire there is in this has been said time and again, as has What nation when they are at war— country to act—to act on the issue of been said by a number of Senators where your enemy is actually trying to the epidemic of gun violence. today, what reason was our govern- incite terrorism in your country, when Of course, what we have proffered ment organized in the first place? We your enemy is explicitly saying exploit here are two simple measures that we heard ANGUS KING—wearing the Con- this loophole—would keep that loop- think we are on our way to perhaps stitution on his tie—talk to that pre- hole wide open, where it is easy for getting votes on. But we don’t want amble: common defense, domestic tran- someone with terroristic aims to hurt, votes; we ultimately want agreement. quility. injure, destroy, and kill? But you took Hopefully, the momentum that comes So I want to frame this again. But it one step further, and I was happy from today and tonight and the 13 the first frame, I just have to say—the this morning to work on an amend- hours that we have been on the floor Senator and I talked about it after cau- ment with you that says you can’t just will get us there. cus lunch yesterday, we talked about it close a terrorist loophole and leave I will yield for a question at this during the day, and we talked about it open, as you called it hours ago, a point, without losing my right to the last night. I say to the Senator, you backdoor for those terrorists to use. floor, to Senator BOOKER. are not talking about it today; you are That means if you do background

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It was said by our ater, a school, a church, and it happens people who may be suspected of ter- Founders on the Declaration of Inde- to be your playground, your movie the- rorism. Frankly, they stop criminals, pendence, right at the end, that in ater, your school, your church, your but we now know that we are a nation order for this Nation to work, we must child? of change, where the buyers of weapons be there for each other. We must care If you know there is something we have migrated from the brick-and-mor- about each other. We must invest our- can do to stop our enemy from getting tar stores now to another market, selves in each other. If an injustice arms and doing us harm—and we have often online or gun shows. Unless we happens to my brother or my sister, it seen now from San Bernardino to Or- close those avenues for terrorists to is affecting me. That Declaration of lando, FL, the terrorists are looking to use, they are going to use them—so Independence ends with those words: do us harm—and we can stop our very much common sense again. The ‘‘We mutually pledge to each other our enemy with a commonsense amend- second thing that you were saying Lives, our Fortunes and our sacred ment that is believed and supported by today is that we need to close the ter- honor.’’ the majority of Americans, the major- rorist loophole, and we need to make Now we see these tragedies, and I ity of Republicans, the majority of gun sure we are doing universal background don’t want to believe that we are be- owners, the majority of NRA members, checks. That is the reason we are coming numb to them. We see them as yet this body can’t do that, then we are here—the grit of a Senator and the some distant reality and not as a per- setting ourselves up for future acts of common sense of two amendments that sonal attack because when you attack violence and terror that could have are very critical. one American, you attack us all. When been prevented. What if it is our child For a moment, I want to tell you you have an avenue where you can or our family or our community or our what was perhaps the most touching make a difference to preserve and pro- neighborhood? time for me in this 13, 14 hours. I actu- tect life and you do not claim it, to me, There is one more step I have to men- ally checked the rules, and you can’t that is a sin. tion, I say to Senator MURPHY. There is acknowledge people who are in the Gal- There is a great writer, great think- one more step that is important to this lery. They are not here now, so I am er, Nobel laureate, who once said to the because if you close the terrorist loop- not acknowledging anybody who is effect that the opposite of love is not hole and make sure those terrorists here, but your wife and child showed hate, it is indifference. The opposite of cannot exploit the backdoor, if you up. When I heard you talk as a parent love is not just hate, it is inaction— make sure those background checks about the love of your child and how lack of caring, lack of compassion. are universal—again agreed to by the you did something that is so important What gets me upset about this issue majority of Americans, the majority of for us as Americans—in fact, I think it is that we have commonsense tools Republicans, the majority of gun own- is at the core of who we are that this is that have been enumerated by wise col- ers, the majority of NRA members— what our country calls us to do, which leagues of mine. We have legal scholars you are also going to benefit by cre- is to take courageous steps of empathy in our caucus who understand clearly ating a background check system that and say, when other people’s children that there is no absolute right when it stops criminals from getting guns, that are dying, that is not their problem. It comes to freedom of speech. As has better undermines their ability to get triggers empathy in me. I think of my been quoted many times, the majority their hands on weapons that they want own child. I think about my niece. I opinion in the Heller case, there is no to carry out violence in our neighbor- think about my nephew. I think about absolute right to bear arms. It has been hoods, communities, and our cities. my family. said by multiple Senators, just closing That is where it gets deeply personal to There is a privilege in this country the terrorist loophole doesn’t infringe me. As the Senator has for his child, that is a dangerous type of privilege. It on the rights of any American to bear every American has for their kids. We is the type of privilege that says if arms, of any American sportsmen, any have big dreams. This is a nation of something is not happening to me per- American seeking self-defense. This is dreams. We have something called the sonally, if a problem is not happening just saying that if you are someone American dream, which is known to me personally, then it is not a prob- who is believed to be a terrorist, you across the globe. It is a bold dream. It lem. It is not a problem if it is not hap- should not be able to purchase a gun. If is a humble dream that this is a nation pening to me personally. you are somebody on that no-fly list, where our children can grow up, have That is contrary to what we say you should not be able to purchase a the best of opportunities. Our children about ourselves as a country. The spir- gun. Even with that, as you pointed can do better than us. It is the Amer- it of this country has always been we out, there should be due process so that ican dream. are all in this together. We all do bet- if you have to grieve that, there is a But the challenge I see with Amer- ter when we all do better. If there is in- process for you to grieve being on that ican reality, where we have such lib- justice in our midst affecting another no-fly list. eral access to weapons by people who family, another State, another neigh- When I see the Senator’s child come are criminals, what that has resulted borhood, then that is an injustice that here to listen to her father, when I see in—I have seen it myself—is so many is threatening the whole. parents—many of my colleagues have children taken, killed, murdered, time Senator MURPHY, this is one of your children. I hope that when we hear and time again, every day, every hour. core values. It is expressed by great about a mass shooting, we don’t just Time and time again, another dream Americans. It was expressed by Martin say I am praying for those families but destroyed, another dream devastated, Luther King in perhaps one of the begin to think that what is happening another dream murdered. And those greatest pieces of American literature, to my fellow American is a threat to are not just my words. I have seen it the ‘‘Letter from a Birmingham Jail,’’ me. It is happening to us all. We all are across my State. I have seen it in our this idea that if something is going on lesser as a result of it. We have to cities and on our street corners where wrong in Connecticut, if a tragedy hap- think to ourselves, ‘‘How would it feel shrines with candles and Teddy bears pens there, if children are murdered if I fail to act, to do what is right, to are set up, marking place after place there, that is not Connecticut’s prob- close a terrorist loophole?’’ What if and street after street where children lem, it is our problem. Dr. King said: right now that person our enemy is have been murdered. I have stood on Injustice anywhere is a threat to justice working to radicalize, what if right too many street corners looking down everywhere. We are caught in an inescapable now that person in our country whom at bodies—13-year-olds, 14-year-olds, 16- network of mutuality, tied in a common gar- our enemy is working to inspire, what year-olds murdered in our Nation with ment of destiny. about that person who right now is a regulatory that has not been seen in

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I ple who believe in something, often the the years. have seen children who are living, yet only thing that stops us from achieving As I said earlier on this floor, great live with trauma and stress because it is not that we can’t—it is not a mat- change movements are defined by their they hear gunshots in their neighbor- ter of can we, it is this: Do we have the obstacles and failures, and we have al- hoods. collective will? ready had a bunch of failures when it We have the power to stop this, and I know from scanning social media comes to our fight for gun violence we can’t assume that these problems that there are thousands of people measures. We lost a big vote on the are not ours. Langston Hughes said it watching this right now. As Senator floor of the Senate in 2013. There are so poetically: ‘‘There is a dream in this MURPHY speaks to our colleagues and State legislatures that have gone in land with its back against the wall, to speaks to the Chair, my question is, the other direction and made it easier save the dream for one, we must save Can my friend speak to those people to- to get weapons. We lost a vote here in the dream for all.’’ How many chil- night, many of whom were cynical December when we tried to expand our dren’s dreams must be destroyed by about this body but found a little bit of background check system to make sure gun violence before we do the common- hope by your action? Can my friend that people who are on the terrorist sense things we agree on to begin to take a moment to speak to them about watch list are captured by it. We have shrink those numbers? how we can keep fighting this fight and had our share of defeats and losses. It is written in Genesis that when Jo- what they can do to press forward and As it turns out, we will get to have seph’s brothers see him approaching, how we can make the dream of our Na- votes on these amendments, and maybe with murder in their eyes, they said, tion stronger, mightier, and more just we will lose those too. But every great ‘‘Here cometh the dreamer, let us slay so that a week or a month from now, change movement in this country is de- him, and see what becomes of his we are not gathered together and fined by persistence in the face of ob- dreams.’’ We have lost so many, and so mourning our Nation about dreams stacles and failures, and this change many have been slain, but the dream of that were dashed by violent terrorists? movement isn’t defined by what we do America can’t die. There are people (Mr. DAINES assumed the Chair.) here, it is defined by the 90 percent of who want to take it from us. They Mr. MURPHY. Mr. President, I thank Americans who believe in the right- want to inject it with fear and hate. my friend for the question, and I thank eousness of what we are proposing. The dream of our country cannot die. him for standing, quite literally, with Frankly, we aren’t in the business of There are rules and loopholes that me every second of these last 13-plus changing the minds of millions of allow madmen, terrorists, and crimi- hours. I thank my friend from Con- Americans; we are in the business of nals to get their hands on assault necticut as well, who is about to speak, changing the minds of a few dozen weapons. We cannot let the dream of for doing the same. Members of Congress. It doesn’t sound our country die and be dashed and It is nice to have friends. It is nice to that bad when you put it that way, killed. We can do something about it, have friends who are committed to the right? We don’t have to convince the and it is unacceptable, when you have same thing as you are, but it is just broad electorate that something has to the power, to do nothing. nice to have friends. change; we just have to convince a few We, those of us elected to this body, It doesn’t have to be like this. There people here. And that can happen—it are the caretakers of that dream. We are so many things in this country that can—but it won’t happen through Sen- are the torch with the light, the hope, we accept as inevitable, true, and un- ator BOOKER, Senator BLUMENTHAL, and the promise of this country that changeable, and we are right on the and me coming down here and doing still attracts so many. Hundreds of precipice of getting to the point in this this week after week; it will happen be- millions of people in our Nation be- country where we accept this level of cause members of the public decided to lieve, as do so many people outside of gun violence and gun homicide as just make those 10,000 phone calls that our Nation, that we must make sure a normal facet of life in this country. I somehow plausibly fit themselves into that we form a more perfect union, know it because I heard the kids in the the phone lines to my office today. where we see that unfinished business, North End of Hartford tell me that the Those phone calls need to go to every the work to be done, and answer the sound of ambulances and police sirens other office in the Senate and House call of our citizens. is their goodnight lullaby. They are over the course of the coming days, I return to where I began. There have used to falling asleep to the response of weeks, and months as we lead up to been literally thousands of Americans the next shooting. these meaningful votes. This is an who have taken to the streets this past I knew it at the beginning of this issue that voters prioritize when they week. I saw them in New Jersey. I read week, when, as the news was filled with go to the voting booth. They need to about them in California and Florida. I not just another mass shooting but the pay attention to whether their Member see them in Washington, DC, here in worst mass shooting in the history of of Congress is voting with or against our Nation’s Capital. this country, this body signaled that it them when it comes to commonsense Today I am proud that my friend has wasn’t going to take up any measures issues like expanding background decided that that dream was worth to combat the epidemic of gun violence checks to cover gun shows and Internet fighting for, that the call of our Nation in the wake of the worst mass shooting sales and making sure terrorists don’t had to be answered, that that dream in the history of this country. It has get guns. It is a commitment to never demanded something more than busi- felt like we have fallen upon the preci- lose that sense of empathy which has ness as usual. Senator MURPHY has pice of accepting this as the new nor- to be at the root of this. stood on this floor for 13-plus hours. mal in this country. Luis Vielma was 22 years old when he I don’t know how long it will take, All we are doing tonight is standing was shot and killed late Sunday night but I know that closing the terrorist here and talking. We are asking for a in Orlando in the largest mass shooting loopholes and closing the avenues for vote. And I think, as I will speak to in in American history. He had been so terrorists to go online or to gun shows a moment, we have gotten to a place excited that night because he was is just doing what makes common where we are going to get votes on hosting a friend of his who was visiting sense to keep us safe. I know we will these important amendments, but all from Miami. He wanted to show him win this battle. It is not a matter of if, we are doing here is talking. this wonderful nightclub that he had it is a matter of when. Senator BOOKER was right when he found, this place where the community As the hour grows later and later and said that what has happened this after- could come together and celebrate this filibuster drags on, I just wish to noon and this evening is a platform for themselves. His father Jose suggested address one more item. Senator MUR- sustained and collective action that de- that the two of them come over to his PHY and I both know from the thou- mands that this not be just a one-time house for some homemade Mexican sands of calls to his office that one of phenomenon, that this passion you food, but Luis was so excited to have a the problems we happen to have is that heard from dozens of Members of the great time that night with his visiting we allow our inability to undermine Senate who came down here organi- friend that he put off his dad and said:

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Through the Chair to Senator BOOK- can dance and get down,’’ a family I am going to turn the floor over to ER and Senator BLUMENTHAL, I think friend said. ‘‘Yes, he can.’’ Senator BLUMENTHAL in a moment. Ac- we can report some very meaningful He was born in Florida, but he loved tually, I will turn it over to Senator progress over the course of these 13 the Mexican national football team, BOOKER for some comments and then to hours. When we began this debate on adored his family, liked to play tricks Senator BLUMENTHAL. But let me just the floor, when we declared that we on his younger brother, and was a huge finish these remarks by talking about were not going to move forward on the Harry Potter fan. He had a job at Uni- the families of Sandy Hook. Senator CJS bill without a commitment to talk versal Studios. He worked on the Harry BOOKER was talking about courageous about what happened in Orlando, to Potter ride, and that was a big deal to acts of empathy. I think it is a wonder- talk about how we fix it, and when we Luis. ful turn of a phrase. I think about the began, there was no commitment, no Upon hearing of his death, J.K. courageous act of empathy inherent in plan to debate these measures. It is our Rowling tweeted out a tribute to him. the decision made by the families of understanding that the Republican His job at Universal was a passion for those murdered in Sandy Hook to come leader and the Democratic leader have him because he loved Harry Potter, but to the Congress to argue in 2013 and spoken and that we have been given a it was also paying for his education. He then again in 2014, 2015, and 2016 for commitment on a path forward to get was studying to be a physical therapist background checks, because if you votes on the floor of the Senate on a at Seminole State College. know the facts of the case in Sandy measure to assure that those on the His friend Will Randle said: Hook, background checks on sales at terrorist watch list do not get guns, Luis was by far the best person I knew. He gun shows or with respect to online the Feinstein amendment, and an inherently made us all better people by sim- sales wouldn’t have mattered in that amendment introduced by myself and ply existing around us. Part of him will al- case, because that sale was done with a Senator BOOKER and Senator SCHUMER ways live on in every good decision that I background check. To the families of to expand background checks to gun make. Sandy Hook, what would matter much shows and to Internet sales. Kelly, a friend of his on Facebook, more is a ban on military-style assault Now, we still have to get from here asked: ‘‘How could this happen to weapons like the kind that was used to to there, but we did not have that com- someone so kind?’’ How could this hap- kill every single kid that was shot in mitment when we started today, and pen to anyone? Sandy Hook or a ban on high-capacity we have that understanding at the end In December of 2015, Jonathan magazines. of the day. There is no guarantee that Aranda was shot and killed in the Let me tell you this. There are kids those amendments will pass. But we morning hours of December 8 in New who survived that shooting. They sur- will have some time to take the move- Haven, CT. He was 19 years old. He had vived that shooting because the shoot- ment that existed before we started just graduated from Eli Whitney Tech- er fumbled when he went to reload and and maybe is a little bit stronger now nical High School in Hamden, CT. In a a handful of kids snuck out. But be- and try to prevail upon Members to statement, the superintendent of cause he was using 30-round magazines, take these two measures and turn schools talked about the devastation in he only had to reload a handful of them into law. the entire educational community be- times. Had he been forced to reload So I am deeply grateful to be stand- cause of the loss of this beautiful after discharging 10 bullets rather than ing here at now 1:40 in the morning young man. His cousin said he was 30 bullets, there are a lot of families in with both of my friends who started hard-working, and he was well-liked. Newtown who think there would be here with me now going on 14 hours He worked at Brook & Whittle, a pack- more kids alive today. That mattered ago. I gladly yield to my friend Senator aging company in Guilford. He was get- to them. But they came to Washington BOOKER for a question and any final ting out of work. He had stopped at a in a courageous act of empathy to comments that he has. friend’s house to talk about cars, and argue on behalf of Jonathan Aranda, Mr. BOOKER. This is my final ques- then, bam, this senseless act of vio- who was still alive in the spring of 2013 tion. I ask the Senator one more time, lence happened. when we took that vote. They came to will you yield for a question? His friend said that he was quick to this Congress to argue on behalf of Mr. MURPHY. I yield for a question lend a hand when you needed help and those still living on the streets of this without relinquishing my control of he wouldn’t ask for anything in return. country who could benefit by an ex- the floor. He worked the third shift and he came panded background check system that Mr. BOOKER. I just want, again, to home, and then he helped his friends would stem the flow of illegal weapons say thank you to you. We started this and his family. His younger sister said on their streets. Had we been success- about 13 and a half or almost 14 hours that he was a humble and loving per- ful, had we been able to pick up a few ago with business as usual. We started son, and he never picked fights. A very, more votes to persist and beat that fili- almost 14 hours ago with no focus on very likeable kid, said his cousin. He buster, maybe Jonathan Aranda would these issues in this body. We started didn’t have a problem with anybody. be alive today. Had we years ago passed this 14 hours ago with something as ob- Luis Vielma was 22 years old when he a law that puts people who have had an vious as closing the terrorist loophole was killed on Saturday night in the intersection with the FBI with respect not on the agenda of the Senate. worst mass shooting in the history of to terrorist connections on the list of This filibuster—your standing tall, this country. This shooting has gotten those who are prohibited from buying your multiple colleagues standing with a lot of publicity, and it has prompted guns, maybe that network would have you, over 2 dozen representing States us to come down to this floor and de- caught up with Omar Mateen, and he from East to West—and this measure is mand change. But nobody in this coun- would never have bought the weapon standing here together. It now seems try knows about Jonathan Aranda. He that he used to kill those in Orlando. that we at least will have a vote on was killed in December of last year on Those are all maybes, but life isn’t those two things, the closing of the ter- the streets of New Haven, and his fam- always a game of certainties. What we rorist loophole and the expanding of ily and friends and his educational have been asking for here today is to the terrorist block so that we have family mourn for him, but he didn’t just take a step forward and take a background checks that can block ter- make headlines. There are the 80 oth- vote on two commonsense measures rorists who seek to get weapons ers that day on December 8 who died that can start to show that we have the through secondary avenues. So that is didn’t make headlines either, but their ability to make progress as a body. a good step. It is not everything I

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So I thank the history of this body, a lot of the most someone’s right to be different. Love Senator for helping us convene our col- prideful legislation of America—let’s actually sees the truth of who we are. leagues over the course of 14-some odd take the Civil Rights Act, for exam- We each have value, worth, and merit. hours. I think we can report having ple—failed many, many, many times. We need each other. We are interwoven made progress, but certainly not But those who kept fighting and didn’t in each other’s destiny. And if there is enough. give up or didn’t give in to cynicism injustice facing you, it affects me, and I will yield for a question to my were able to break that measure on the I have to work to correct that. friend Senator BLUMENTHAL, who has floor. This has happened with many I am here, Senator BLUMENTHAL is been on the floor with us for the en- pieces of legislation, from the abol- here, Senator MURPHY is here, and all tirety of this time, standing with me, ishing of slavery to a woman’s right to of the people who are working here, we and frankly I have been standing with vote. are here because of this conspiracy of him, my senior Senator in this fight Sweet Honey in the Rock is a group love of folks who didn’t just take care since 2012. I yield to him for a question that I love. They sing a song called of themselves and their families, they without relinquishing control of the Ella’s Song, where they say: We who got engaged in their country, in their floor. believe in freedom cannot rest. We who communities, in their neighborhoods. Mr. BLUMENTHAL. I thank Senator believe in freedom cannot rest until it They did it for others. They served, MURPHY. And I join in thanking all of is won. they volunteered, and they sacrificed. the staff who have worked over this So my hope is that this filibuster, So we are on another inflection point day and into the night and into the now going into its 14th hour, didn’t in America’s history, with the worst next day at great personal sacrifice and just win a vote on these two amend- mass murder in our country’s history. at great benefit to the U.S. Senate. ments, didn’t just stop business as You cannot control always what hap- I want to thank my colleague Sen- usual, didn’t just get a chance to have pens to you, but you can control your ator BOOKER for his eloquence, his per- a final determination at least on these response to it. Let our response to this severance, and his dedication to this two amendments, but that it happened hateful act be love. Let our response to cause, and Senator MURPHY for his to do something else, Senator MURPHY. this terroristic act seeking to scare us courage and strength in this cause that My hope is that it helped to push back be courage. brings us here today, tonight, tomor- on cynicism. I think cynicism is a ref- Let us in the days ahead act with row, and in the days ahead because this uge for cowards, that cynical people love and courage, as demonstrated by experience is, as he has said, only the basically throw up their hands and say our engagement with our political sys- next step, and this legislation is only a nothing can change. Thank God people tem—pressing, pushing, letting our next step. who are fighting for our freedoms in representatives be heard from in this We have talked a lot in great—and this country didn’t give in to cynicism body that we want them to support some of it very powerful and compel- and stop fighting. Thank God that commonsense initiatives, the closing of ling—terms about what is at stake those who have reasons to be cynical the terrorist loophole and expanding here. Certainly the reason we are here about government didn’t fall into that that with background checks that shut has to do with the deadliest mass trap of cynicism, didn’t take that ref- off the back door for terrorists to ex- shooting in the history of the United uge for cowards and kept fighting in ploit to get assault weapons to do re- States. But the numbers are impor- this body for so much of the legislation peats of what we saw. With that kind of tant. Numbers are cold, hard, and that we take for granted, from work- courage, with that kind of love, our en- stark. Forty-nine people were killed in ers’ rights to the rights of immigrants. emies do not win. We do. With that that single attack in Orlando, but in an So my hope, Senator MURPHY, if I kind of courage, that kind of love, we can express it to you, is that not only don’t stumble, we don’t stop, we don’t ordinary day in America, dozens of peo- will we fight to win the vote on these hesitate, equivocate, or retreat; we ad- ple are shot without any notice. It is not a headline, barely a mentioning. two amendments—one by DIANNE FEIN- vance this country toward its highest Certainly there are no speeches on the STEIN in closing the terrorist loophole ideals that we will be a Nation with and the other authored by you, me, and liberty and justice for all. We are all floor of the U.S. Senate. The fact is that gun homicides are a common Senator SCHUMER to expand back- families. From inner city communities ground checks—but my hope is that to suburban, from rural to urban, all cause of death in our Nation—the this filibuster did not just get those communities should enjoy safety, secu- greatest, strongest Nation in the his- four votes but will mobilize it and en- rity, strength, and prosperity. tory of the world—killing about as gage more people to reach out to their So with that, I ask the question, does many people as car crashes, and in di- Senators. Senator MURPHY agree that we have rect contrast to the experience of other I really appreciate the fact that your not just achieved this first step of stop- countries where, for example, in Po- office got 10,000 calls. I appreciate the ping business as usual, letting this land and England, only about one out fact that your effort has been trending body go on, but actually getting two of every million people dies in a gun on social media, but that is nothing measures that were not on this agenda homicide—about as often as when an calling you, who already support this, until this action began? Does the Sen- American dies from an agricultural ac- and not reaching out to Senators who ator believe that is not enough, and cident or falling off a ladder. These are deliberating over whether to sup- with thousands of people watching, numbers come from the New York port this or not. people on social media now, we need to Times of just a few days ago, June 13, We are all here because folks not get more engagement to begin, as the which I ask to be printed in the RECORD only didn’t take that refuge for cow- Senator said earlier, not to change the if there is no objection. ards through cynicism, that toxic state hearts and minds of all Americans— Mr. MURPHY. I would ask the Sen- that debilitates us from being agents of frankly most of America is with us— ator to withdraw that request at this change, but we are also here not just but to start focusing on the Senators time. because of people who shun cynicism that will be deliberating over the com- Mr. BLUMENTHAL. I will offer it at but because of people who embrace ing hours, maybe days, about these another time. Thank you. love. Love—I use that word very pur- specific pieces of legislation? The point is that we can do some- posefully—love of country, love of pa- Mr. MURPHY. I thank the Senator. thing about these numbers. We can re- triotism necessitates loving your coun- This is an important start, but it is not duce them, and we can save lives if we try, men and women, and if you love sufficient. adopt commonsense central measures

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There is a consensus. The poll that gunmakers have, the inability of a ing to what happened in Newtown, but numbers show that 90 percent of the protective order to protect against do- inarguably what has happened in the 4 American people think we should have mestic abusers that have guns, the ab- years since has been the focus of atten- background checks. The majority of sence of laws to protect against straw tion from all over this country on the gun owners and the majority of people purchasers and illegal trafficking. inaction of this body and the failure of also think that someone suspected of There ought to be national laws, again, it to respond, and that is what is so terrorist activities based on evidence that provide those protections. perplexing to me. We have disagree- should be barred from buying a gun. Of course, even for licensed firearms ments over what should be done, but That is a national consensus, as well, dealers, a person whose background what I have not understood is why we and makes good common sense. If we check is not completed in 72 hours can don’t even attempt to find common are at war with ISIS—and we are—we still buy a gun, even though if the ground on this floor—why, week after should stop ISIS inspired or supported background check had been completed, week, there is not a single vote or de- terrorists in this country from buying he would have been barred. That is the bate scheduled on any of the measures guns. If we think ISIS is trying to cre- reason that in Charleston, SC, nine that have been proposed to try to stop ate extremist violence here that leads people were murdered by Dylann Roof, this carnage. There hasn’t been a de- to the kind of attack that we saw in who obtained that gun even though he bate scheduled on the floor of the Sen- Orlando, those individuals who are mo- was in effect legally barred from buy- ate. There haven’t been debates in tivated by the twisted, pernicious, in- ing a gun because the background committees. I am not saying we aren’t sidious ideology of hate should be check was not completed within 72 doing important work, but there are barred from buying a gun. These deter- hours. 30,000 people dying every year on the minations are not based on specula- There are many more steps that need streets of this country. Those whom tion; they are based on evidence and to be taken, and even with the passage they leave behind—their moms, their facts under the measure that we have of measures that we are advocating dads, their little sisters and brothers— proposed, and they provide due process today, there is no single solution. don’t get the total indifference we por- for someone to have his name removed We are only at the beginning of the tray. I know we are not indifferent. I if that determination is made in error efforts to pass these measures, but we know, in talking to my Republican col- that he is on the list or that he is have at least changed this debate. We leagues, that they feel just as deeply barred from buying guns. have changed the context of this con- The details are important, as they sideration, and the reason is that Sen- about the loss in Orlando and about the loss in New Haven or Chicago or New- are in every law, because they are a ator MURPHY has shown the leadership guarantee of due process and individual that he has shown. We are grateful to ark as we do. I know there is a com- rights. The same is true of background him for it, and we will continue this monality of emotion here that betrays checks. Somebody who is mistakenly fight together. the story line we portray to the Amer- ican people. on the NICS list should have that name So my question, generally, to my col- This exercise over the course of the league from Connecticut is, How should removed. But facts are important; evi- last 14 hours in many ways has been a we close tonight, and isn’t he glad dence is critical. That is what is in- plea for this body to find a way to volved in these measures, which are a there will be no more questions? Mr. MURPHY. I thank Senator come together on answers, because it is start. devastating. It is devastating to the Laws work when they are enforced. BLUMENTHAL for the final question. Let families who live through this trauma We know they work in Connecticut be- me reiterate my thanks to everyone to watch the U.S. Senate do nothing, cause there was a 40-percent reduction who has persisted this evening—for all absolutely nothing, week after week. in some crimes in the wake of the per- of our colleagues who have come down Think about that. Sandy Hook was 4 mit to purchase laws passed in 1994. to the floor to join in this exercise, years ago, 31⁄2 years ago, and Congress and, again, to all of the staff and the That study was recently done by re- hasn’t passed a single measure that pages who, indeed, just showed up a searchers at Johns Hopkins University would make the next mass shooting, week ago for standing with us and for and the University of California, the next murder of kids in this coun- their commitment to public service Berkeley, saying to those doubters or try, less likely. skeptics that the permit-to-purchase and to those who sat in the Chair. I I don’t know what the vote is going laws passed in Connecticut in 1994 ac- have done that for an overnight session to be—if we are successful, as we be- tually were a huge success for public or two. I know it is not exactly the way lieve we will be, in getting these safety. to plan to spend your Wednesday votes—but I do know it will be another My colleague from Connecticut has evening. Most importantly, I thank chance for our colleagues to come to- cited other efforts that show that laws Senator BOOKER for standing with me gether on two measures that we have work when they are enforced, and na- quite literally since 11:20 this morning carefully selected as being the most tional laws are important because Con- and Senator BLUMENTHAL for being a likely to get bipartisan votes. necticut cannot itself create the kind perpetual friend and partner. That is why we chose to demand of protections that our citizens de- I woke up this morning determined votes on these two measures—A, be- serve. Borders are porous to the traf- to make sure that this wasn’t going to cause they are significant, they will ficking of guns. Guns have no respect be a lost week, and I have been furious make a difference, and B, because they for State boundaries, nor do the traf- since those days following Sandy Hook. are as noncontroversial as you can get. fickers, so we need national laws to I have been so angry that this Congress The American people have already protect the citizens of every State. has mustered absolutely no response to made up their minds. They want a We are here because there is a na- mass shooting after mass shooting in background check system that cap- tional consensus in favor of those laws, city after city that is plagued by gun tures potential terrorists. They want and we know that we have an obliga- violence, such that the children who to make sure everybody who buys a tion and a historic opportunity to be grow up in the east end of Bridgeport gun through a commercial sale has to changemakers in this body. The Amer- or the north end of Hartford live prove they are not a criminal before ican people want change on both sides through stress and trauma that affects they buy it. The American people have of the political aisle. We know that their brains in irreparable ways. made up their minds. voters want Washington to change, I am embarrassed that it took me so We chose to ask for the two least they want the political system to long to become a convert to this issue. controversial provisions possible that

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Senator of his first grade year, they formed a MORNING BUSINESS KAINE said it well earlier tonight—that bond, a deep bond that is often hard to we have scar tissue, but it is razor-thin form for kids with autism like Dylan. Mr. ROUNDS. Mr. President, I ask scar tissue compared to those today in Their bond was so tight that he had a unanimous consent that the Senate be Orlando who are living through the ca- picture of her on the refrigerator, in a period of morning business, with tastrophe of losing a 21-year-old son in along with his class. Every day when Senators permitted to speak therein the prime of his life or losing a 24-year- he would walk by the refrigerator, he for up to 10 minutes each. old daughter with all of her potential would point to the picture and say The PRESIDING OFFICER. Without ahead of her. Our scar tissue is there, ‘‘There’s my class! There’s Mrs. Mur- objection, it is so ordered. but it is tiny. phy!’’ It meant something to him to f have that relationship, and he loved I close by telling a story that I told CHARITIES HELPING AMERICANS during my first speech on the floor of going to school in large part because he knew he had someone there who loved REGULARLY THROUGHOUT THE the Senate. I introduce you to Dylan YEAR ACT Christopher Jack Hockley, who in this him back. picture is age 6. According to just Senator BOOKER has talked about the Mr. HATCH. Mr. President, today I about everybody who knew him, it was expectations that we should have for wish to discuss a topic that has been impossible not to fall in love with each other, that expectation of deep, near and dear to me my entire life: the Dylan Hockley if you met him. He passionate love for each other. Dylan importance of charities and charitable loved video games, and he loved jump- and Anne Marie Murphy had it. giving to the well-being of America. I ing on the trampoline and watching Senator BLUMENTHAL and I got to am taking this moment to discuss this movies. He loved munching garlic Sandy Hook Elementary School after issue for several reasons. bread. He had dimples, he had blue most of the families had come to real- Late last year, Congress managed to ize that their loved ones weren’t com- eyes, and he had this very mischievous make permanent a few of the tem- ing back, that their little boys and little grin. You can see it here. And he porary charitable tax provisions that I girls were probably lying on the floor is wearing one of his favorite shirts. have supported for years. Since then, of those classrooms. We still saw and His beaming smile would light up al- two of my esteemed colleagues, Sen- heard things that I think we both wish most any room he was in. He loved to ator THUNE and Senator WYDEN, have we didn’t hear and see. cuddle. He loved to play tag every sin- introduced legislation to enact several When Nicole Hockley was standing in more important charitable tax provi- gle morning with the neighbors at the or outside the firehouse, when she bus stop. He liked to watch movies, the sions. And later this week, the Alliance came to the slow, awful, crippling real- for Charitable Reform, the Council on color purple, and he loved seeing the ization that her little boy was not com- Moon. He loved eating his favorite Foundations, and the Independent Sec- ing back, she had a moment where she tor will send its members to fan out foods, especially chocolate. He was so thought to herself, maybe Anne Marie proud that he was learning how to across Capitol Hill to tell Members of will come back and she will tell me Congress and their staffs about the read, and he would bring a new book what happened to my little boy. Then home every day. Most importantly, he good and essential work charities and she had a second thought: that Anne nonprofits perform every day in Amer- adored his big brother Jake, who was Marie probably wouldn’t leave Dylan if his best friend and his role model. ica. he was in danger. Alexis de Tocqueville wrote in ‘‘De- Dylan’s mom Nicole, who has been a When Adam Lanza walked into that mocracy in America’’ of the impor- champion in the cause of ending gun classroom and aimed his military-style tance of intermediate associations that violence in the country, always assault weapon with clips attached to stand between the individual and a cen- thought that Dylan was, in her words, it, holding 30 bullets, Anne Marie Mur- tralized state. The Catholic Church ‘‘a bit special, a bit different.’’ She phy probably had a chance to run or to said: hide or to panic. Instead, Anne Marie speaks about subsidiarity, the principle He was late to develop speech. He was late Murphy made the most courageous de- that matters ought to be handled by to learn to crawl, and there was always a lit- cision that any of us could imagine. In- the least centralized competent au- tle something about him, but we couldn’t stead of running, instead of hiding, in- thority. To put these insights into con- put our finger on it. stead of panicking, Anne Marie Murphy stitutional terms, the Federal Govern- He said he only liked bland foods and found Dylan Hockley and embraced ment cannot—and should not—do it he wanted only plain spaghetti. He had him. Do you know how we know that? all. The truth of these moral and legal a habit of flapping his hands when he Because when the police entered the principles is embodied in the work of got excited. He would put his hands classroom, that is how they found America’s churches and charities, over his ears when he heard sudden or Dylan Hockley—dead, wrapped in the which have played a critical role in se- loud noises. He was diagnosed with au- embrace of Anne Marie Murphy. curing the welfare of Americans tism, but, as his father points out, au- It doesn’t take courage to stand on throughout our Nation’s history when tism is a spectrum with many different the floor of the Senate for 2 hours or 6 faced with difficulties like war, natural facets to it. hours or 14 hours. It doesn’t take cour- disasters, and economic recessions and Dylan loved repetition, and he would age to stand up to the gun lobby when depressions. watch his favorite movies over and 90 percent of your constituents want And it is no secret that our economy over again—‘‘Up,’’ ‘‘Wall-E,’’ and ‘‘The change to happen. It takes courage to has been growing much too slowly in Gruffalo.’’ He would find a particular look into the eye of a shooter instead recent years. That means that a portion of that movie that he loved and of running, wrapping your arms around healthy, well-resourced charitable he watched that portion. He would re- a 6-year-old boy and accepting death as community is essential to the well- wind, he would watch it, he would re- a trade for just a tiny, little, itty piece being of those in need. As State and wind, and he would watch it. When he of increased peace of mind for a little local governments grapple with budget watched his favorite parts, his laugh boy under your charge. deficits and revenue shortfalls and as was infectious. So this has been a day of questions. I Americans face unemployment, stag- Dylan was struggling with autism as ask you all this question: If Anne nant wages, and lower workforce par- a student at Sandy Hook Elementary Marie Murphy could do that, then ask ticipation, people in need are turning School, but he was a special boy who yourself what you can do to make sure for help in ever greater numbers to was going to turn into a special young that Orlando or Sandy Hook never ever churches, charities, shelters, and other man. happens again. social welfare groups.

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