[Congressional Record Volume 162, Number 81 (Monday, May 23, 2016)]
[Senate]
[Pages S3056-S3060]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4068. Mr. MORAN (for himself, Mr. Daines, Mr. Inhofe, Mr. Hatch, 
Mr. Gardner, and Mr. Roberts) submitted an amendment intended to be 
proposed by him to the bill S. 2943, to authorize appropriations for 
fiscal year 2017 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       Strike section 1023.
                                 ______
                                 
  SA 4069. Mr. MORAN (for himself and Mr. Blunt) submitted an amendment 
intended to be proposed by him to the bill S. 2943, to authorize 
appropriations for fiscal year 2017 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle A of title IV, add the following:

     SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH 
                   MINIMUM LEVELS.

       Section 691(b) of title 10, United States Code, is amended 
     by striking paragraphs (1) through (4) and inserting the 
     following:
       ``(1) For the Army, 480,000.
       ``(2) For the Navy, 324,615.
       ``(3) For the Marine Corps, 185,000.
       ``(4) For the Air Force, 321,000.''.

     SEC. 403. SUPERSEDING FISCAL YEAR 2017 END STRENGTHS FOR 
                   CERTAIN ELEMENTS OF THE SELECTED RESERVE.

       (a) Ineffectiveness of Certain End Strengths.--Paragraphs 
     (1) through (6) of section 411(a) shall have no force or 
     effect.
       (b) Superseding End Strengths.--The Armed Forces specified 
     are authorized strengths for Selected Reserve personnel of 
     the reserve components as of September 30, 2017, as follows:
       (1) The Army National Guard of the United States, 350,000.
       (2) The Army Reserve, 205,000.
       (3) The Navy Reserve, 58,000.
       (4) The Marine Corps Reserve, 38,500.
       (5) The Air National Guard of the United States, 105,700.
       (6) The Air Force Reserve, 69,000.
       (c) Applicability of Certain Authorities.--Subsections (b) 
     and (c) of section 411 shall apply in the calculation of end 
     strengths under subsection (b) of this section.
                                 ______
                                 
  SA 4070. Mr. MORAN (for himself, Mr. Daines, Mr. Blunt, Mr. Tillis, 
Mr. Rubio, Mr. Inhofe, Mr. Boozman, and Mr. Hatch) submitted an 
amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       After section 1027, insert the following:

     SEC. 1027A. STRENGTHENING OF CERTIFICATION REQUIREMENTS 
                   RELATING TO THE TRANSFER OR RELEASE OF 
                   DETAINEES AT UNITED STATES NAVAL STATION, 
                   GUANTANAMO BAY, CUBA.

       (a) Certification Requirement Generally.--Subsection (a) of 
     section 1034 of the National Defense Authorization Act for 
     Fiscal Year 2016 (Public Law 114-92; 129 Stat. 969; 10 U.S.C. 
     801 note) is amended--
       (1) in the subsection heading, by striking ``Prior''; and
       (2) by striking paragraph (1) and inserting the following 
     new paragraph (1):
       ``(1) In general.--Except as provided in paragraph (2), no 
     amount authorized to be appropriated or otherwise made 
     available for the Department of Defense or any other 
     department, agency, or element of the United States 
     Government may be used after the date of the enactment of the 
     National Defense Authorization Act for Fiscal Year 2017 to 
     transfer, release, or assist in the transfer or release of 
     any individual detained at Guantanamo to the custody or 
     control of any foreign country or other foreign entity unless 
     the Secretary of Defense certifies to the appropriate 
     committees of Congress that the individual no longer poses a 
     continuing threat to the security of the United States, its 
     citizens, and its interests as described in subsection (b). 
     The certification with respect to an individual shall be 
     submitted not later than 30 days after the date on which the 
     Secretary makes the determination that the individual no 
     longer poses a continuing threat to the security of the 
     United States, its citizens, and its interests.''.
       (b) Certification Elements.--Subsection (b) of such section 
     is amended--
       (1) by redesignating paragraphs (1) through (4) as 
     paragraphs (2) through (5), respectively;
       (2) by inserting before paragraph (2), as redesignated by 
     paragraph (1) of this subsection, the following new paragraph 
     (1):
       ``(1) the individual to be transferred or released no 
     longer poses a continuing threat to the security of the 
     United States, its citizens, and its interests;'';
       (3) in paragraph (2), as so redesignated, by inserting ``or 
     release'' after ``transfer'';
       (4) by inserting ``or released'' after ``transferred'' each 
     place it appears; and
       (5) in subparagraph (B) of paragraph (4), as so 
     redesignated, by striking ``paragraph (2)(C)'' and inserting 
     ``paragraph (3)(C)''.
       (c) Additional Matters in Connection With Certifications.--
     Such section is further amended--
       (1) by redesignating subsections (c) through (f) as 
     subsections (d) through (g), respectively; and
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Additional Matters in Connection With 
     Certifications.--
       ``(1) Recommendations.--In determining whether to make a 
     certification described in subsection (b) on an individual, 
     the Secretary shall take into account, and include with the 
     certification, the recommendations and military value 
     analyses of the following:
       ``(A) The Chairman of the Joint Chiefs of Staff.
       ``(B) The Chiefs of Staff of the Armed Forces, with respect 
     to the effects of the transfer or release on military 
     personnel with a residence for their permanent duty station 
     in the geographic area, or forward deployed forces, in the 
     foreign country concerned.
       ``(C) The commander of the geographic combatant command 
     having the foreign country or entity to which the individual 
     will be transferred or released within its area of 
     operational responsibility.
       ``(D) The Commander of the United States Southern Command.

[[Page S3057]]

       ``(2) Provision to individuals.--Each individual covered by 
     a certification described in subsection (b) shall be provided 
     an unclassified written summary of the certification, in a 
     language the individual understands, not earlier than 30 days 
     after the Secretary submits the certification to the 
     appropriate committees of Congress pursuant to subsection 
     (a). The summary shall also be provided to the personal 
     representative and private counsel of the individual.''.
       (d) Conforming Amendments.--Paragraph (3) of subsection (f) 
     of such section, as redesignated by subsection(c)(1) of this 
     section, is amended--
       (1) by striking ``subsection (b)(2)(C)'' and inserting 
     ``subsection (b)(3)(C)''; and
       (2) by striking ``subsection (b)(3)'' and inserting 
     ``subsection (b)(4)''.
                                 ______
                                 
  SA 4071. Mr. HATCH (for himself, Mr. Inhofe, Mr. Lee, and Mr. 
Lankford) submitted an amendment intended to be proposed by him to the 
bill S. 2943, to authorize appropriations for fiscal year 2017 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle C of title IX, insert the following:

     SEC. 949. REDESIGNATION OF ASSISTANT SECRETARY OF THE AIR 
                   FORCE FOR ACQUISITION AS ASSISTANT SECRETARY OF 
                   THE AIR FORCE FOR ACQUISITION, TECHNOLOGY, AND 
                   LOGISTICS.

       (a) Redesignation.--Section 8016(b)(4)(A) of title 10, 
     United States Code, is amended--
       (1) by striking ``Assistant Secretary of the Air Force for 
     Acquisition'' and inserting ``Assistant Secretary of the Air 
     Force for Acquisition, Technology, and Logistics''; and
       (2) by inserting ``, technology, and logistics'' after 
     ``acquisition''.
       (b) References.--Any reference to the Assistant Secretary 
     of the Air Force for Acquisition in any law, regulation, map, 
     document, record, or other paper of the United States shall 
     be deemed to be a reference to the Assistant Secretary of the 
     Air Force for Acquisition, Technology, and Logistics.
                                 ______
                                 
  SA 4072. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle I of title X, add the following:

     SEC. 1097. NATURAL GAS PRODUCTION, TREATMENT, MANAGEMENT, AND 
                   USE, FORT KNOX, KENTUCKY.

       (a) In General.--Chapter 449 of title 10, United States 
     Code, is amended by adding at the end of the following:

     ``Sec. 4781. Natural gas production, treatment, management, 
       and use, Fort Knox, Kentucky

       ``(a) Authority.--The Secretary of the Army (referred to in 
     this section as the `Secretary') may provide, by contract or 
     otherwise, for the production, treatment, management, and use 
     of natural gas located under Fort Knox, Kentucky, without 
     regard to section 3 of the Mineral Leasing Act for Acquired 
     Lands (30 U.S.C. 352).
       ``(b) Limitation on Uses.--Any natural gas produced 
     pursuant to subsection (a)--
       ``(1) may only be used to support activities and operations 
     at Fort Knox; and
       ``(2) may not be sold for use elsewhere.
       ``(c) Ownership of Facilities.--The Secretary may take 
     ownership of any gas production and treatment equipment and 
     facilities and associated infrastructure from a contractor in 
     accordance with the terms of a contract or other agreement 
     entered into pursuant to subsection (a).
       ``(d) No Application Elsewhere.--
       ``(1) In general.--The authority provided by this section 
     applies only with respect to Fort Knox, Kentucky.
       ``(2) Effect of section.--Nothing in this section 
     authorizes the production, treatment, management, or use of 
     natural gas resources underlying any Department of Defense 
     installation other than Fort Knox.
       ``(e) Applicability.--The authority of the Secretary under 
     this section is effective beginning on August 2, 2007.''.
       (b) Clerical Amendment.--The table of sections of chapter 
     449 of title 10, United States Code, is amended by adding at 
     the end the following:

``4781. Natural gas production, treatment, management, and use, Fort 
              Knox, Kentucky.''.
                                 ______
                                 
  SA 4073. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle I of title X, add the following:

     SEC. 1097. IMPROVED ENUMERATION OF MEMBERS OF THE ARMED 
                   FORCES IN ANY TABULATION OF TOTAL POPULATION BY 
                   SECRETARY OF COMMERCE.

       (a) In General.--Section 141 of title 13, United States 
     Code, is amended--
       (1) by redesignating subsection (g) as subsection (h); and
       (2) by inserting after subsection (f) the following:
       ``(g) Effective beginning with the 2020 decennial census of 
     population, in taking any tabulation of total population by 
     States, the Secretary shall take appropriate measures to 
     ensure, to the maximum extent practicable, that all members 
     of the Armed Forces deployed abroad on the date of taking 
     such tabulation are--
       ``(1) fully and accurately counted; and
       ``(2) properly attributed to the State in which their 
     residence at their permanent duty station or homeport is 
     located on such date.''.
       (b) Construction.--The amendments made by subsection (a) 
     shall not be construed to affect the residency status of any 
     member of the Armed Forces under any provision of law other 
     than title 13, United States Code.
                                 ______
                                 
  SA 4074. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 591 and insert the following:

     SEC. 591. REPEAL OF MILITARY SELECTIVE SERVICE ACT.

       (a) In General.--The Military Selective Service Act (50 
     U.S.C. 3801 et seq.) is repealed.
       (b) Transfers in Connection With Repeal.--Notwithstanding 
     the proviso in section 10(a)(4) of the Military Selective 
     Service Act (50 U.S.C. 3809(a)(4)), the Office of Selective 
     Service Records shall not be reestablished after the repeal 
     of the Military Selective Service Act. Not later than 180 
     days after the date of the enactment of this Act, the assets, 
     contracts, property, and records held by the Selective 
     Service System, and the unexpended balances of any 
     appropriations available to the Selective Service System, 
     shall be transferred to the Administrator of General 
     Services. The Director of the Office of Personnel Management 
     shall assist officers and employees of the Selective Service 
     System to transfer to other positions in the executive 
     branch.
       (c) Effect on Existing Sanctions.--Notwithstanding any 
     other provision of law, a person may not be denied a right, 
     privilege, benefit, or employment position under Federal law 
     on the grounds that the person failed to present himself for 
     and submit to registration under section 3 of the Military 
     Selective Service Act (50 U.S.C. 3802) before the repeal of 
     that Act by subsection (a).
                                 ______
                                 
  SA 4075. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end division A, add the following:

                 TITLE XVII--SERVICEMEMBER SELF-DEFENSE

     SEC. 1701. SHORT TITLE.

       This title may be cited as the ``Servicemembers Self-
     Defense Act of 2016''.

     SEC. 1702. FIREARMS PERMITTED ON DEPARTMENT OF DEFENSE 
                   PROPERTY.

       Section 930(g)(1) of title 18, United States Code, is 
     amended--
       (1) by striking ``The term `Federal facility' means'' and 
     inserting the following: ``The term `Federal facility'--
       ``(A) means'';
       (2) by striking the period at the end and inserting ``; 
     and''; and
       (3) by adding at the end the following:
       ``(B) with respect to a qualified member of the Armed 
     Forces, as defined in section 926D(a), does not include any 
     land, a building, or any part thereof owned or leased by the 
     Department of Defense.''.

     SEC. 1703. LAWFUL POSSESSION OF FIREARMS ON MILITARY 
                   INSTALLATIONS BY MEMBERS OF THE ARMED FORCES.

       (a) Modification of General Article.--Section 934 of title 
     10, United States Code (article 134 of the Uniform Code of 
     Military Justice), is amended--
       (1) by inserting ``(a) In General.--'' before ``Though not 
     specifically mentioned''; and
       (2) by adding at the end the following new subsection:
       ``(b) Possession of a Firearm.--The possession of a 
     concealed or open carry firearm by a member of the armed 
     forces subject to this chapter on a military installation, if

[[Page S3058]]

     lawful under the laws of the State in which the installation 
     is located, is not an offense under this section.''.
       (b) Modification of Regulations.--Not later than 30 days 
     after the date of the enactment of this Act, the Secretary of 
     Defense shall amend Department of Defense Directive number 
     5210.56 to provide that members of the Armed Forces may 
     possess firearms for defensive purposes on facilities and 
     installations of the Department of Defense in a manner 
     consistent with the laws of the State in which the facility 
     or installation concerned is located.

     SEC. 1704. CARRYING OF CONCEALED FIREARMS BY QUALIFIED 
                   MEMBERS OF THE ARMED FORCES.

       (a) In General.--Chapter 44 of title 18, United States 
     Code, is amended by inserting after section 926C the 
     following

     ``Sec. 926D. Carrying of concealed firearms by qualified 
       members of the Armed Forces

       ``(a) Definitions.--As used in this section--
       ``(1) the term `firearm'--
       ``(A) except as provided in this paragraph, has the same 
     meaning as in section 921;
       ``(B) includes ammunition not expressly prohibited by 
     Federal law or subject to the provisions of the National 
     Firearms Act; and
       ``(C) does not include--
       ``(i) any machinegun (as defined in section 5845 of the 
     National Firearms Act);
       ``(ii) any firearm silencer; or
       ``(iii) any destructive device; and
       ``(2) the term `qualified member of the Armed Forces' means 
     an individual who--
       ``(A) is a member of the Armed Forces on active duty 
     status, as defined in section 101(d)(1) of title 10;
       ``(B) is not the subject of disciplinary action under the 
     Uniform Code of Military Justice;
       ``(C) is not under the influence of alcohol or another 
     intoxicating or hallucinatory drug or substance; and
       ``(D) is not prohibited by Federal law from receiving a 
     firearm.
       ``(b) Authorization.--Notwithstanding any provision of the 
     law of any State or any political subdivision thereof, an 
     individual who is a qualified member of the Armed Forces and 
     who is carry identification required by subsection (d) may 
     carry a concealed firearm that has been shipped or 
     transported in interstate or foreign commerce, subject to 
     subsection (c).
       ``(c) Limitations.--This section shall not be construed to 
     superseded or limit the laws of any State that--
       ``(1) permit private persons or entities to prohibit or 
     restrict the possession of concealed firearms on their 
     property; or
       ``(2) prohibit or restrict the possession of firearms on 
     any State or local government property, installation, 
     building, base, or park.
       ``(d) Identification.--The identification required by this 
     subsection is the photographic identification issued by the 
     Department of Defense for the qualified member of the Armed 
     Forces.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 44 of title 18, United States Code, is 
     amended by inserting after the item relating to section 926C 
     the following:

``926D. Carrying of concealed firearms by qualified members of the 
              Armed Forces.''.
                                 ______
                                 
  SA 4076. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle I of title X, add the following:

     SEC. 1097. DECLASSIFICATION AND PUBLIC RELEASE OF CERTAIN 
                   REDACTED PORTIONS OF THE JOINT INQUIRY INTO 
                   INTELLIGENCE COMMUNITY ACTIVITIES BEFORE AND 
                   AFTER THE TERRORIST ATTACKS OF SEPTEMBER 2001.

       (a) Declassification and Public Release of the Joint 
     Inquiry Into Intelligence Community Activities Before and 
     After the Terrorist Attacks of September 2001.--Not later 
     than 60 days after the date of the enactment of this Act and 
     subject to subsection (b), the President shall declassify and 
     release to the public the previously redacted portions of the 
     report on the Joint Inquiry into Intelligence Community 
     Activities Before and After the Terrorist Attacks of 
     September 2001, filed in the Senate and the House of 
     Representatives on December 20, 2002, including all the 
     material under the heading ``Part Four--Findings, Discussion 
     and Narrative Regarding Certain Sensitive National Security 
     Matters''.
       (b) Exception for Names and Information of Individuals and 
     Certain Methodologies.--Notwithstanding subsection (a), the 
     President is not required to declassify and release to the 
     public the names and identifying information of individuals 
     or specific methodologies described in the report referred to 
     in subsection (a) if such declassification and release would 
     result in imminent lawless action or compromise presently on-
     going national security operations.
                                 ______
                                 
  SA 4077. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title X, add the following:

           Subtitle J--Protecting Gun Rights and Due Process

     SEC. 1099A. SHORT TITLE.

       This subtitle may be cited as the ``Protecting Gun Rights 
     and Due Process Act''.

     SEC. 1099B. DEFINITIONS RELATING TO MENTAL HEALTH.

       (a) Title 18 Definitions.--Chapter 44 of title 18, United 
     States Code, is amended--
       (1) in section 921(a), by adding at the end the following:
       ``(36)(A) Subject to subparagraph (B), the term `has been 
     adjudicated mentally incompetent or has been committed to a 
     psychiatric hospital', with respect to a person--
       ``(i) means the person is the subject of an order or 
     finding by a judicial officer or court--
       ``(I) that was issued after a hearing--

       ``(aa) of which the person received actual notice; and
       ``(bb) at which the person had an opportunity to 
     participate with counsel; and

       ``(II) that found that the person, as a result of marked 
     subnormal intelligence, mental impairment, mental illness, 
     incompetency, condition, or disease--

       ``(aa) was guilty but mentally ill in a criminal case, in a 
     jurisdiction that provides for such a verdict;
       ``(bb) was not guilty in a criminal case by reason of 
     insanity or mental disease or defect;
       ``(cc) was incompetent to stand trial in a criminal case; 
     or
       ``(dd) was not guilty by reason of lack of mental 
     responsibility under section 850a of title 10 (article 50a of 
     the Uniform Code of Military Justice); and

       ``(ii) does not include--
       ``(I) an admission to a psychiatric hospital for 
     observation; or
       ``(II) a voluntary admission to a psychiatric hospital.
       ``(B) In this paragraph, the term `order or finding' does 
     not include--
       ``(i) an order or finding that has expired or has been set 
     aside or expunged;
       ``(ii) an order or finding that is no longer applicable 
     because a judicial officer or court has found that the person 
     who is the subject of the order or finding--
       ``(I) does not present a danger to himself or herself or to 
     others;
       ``(II) has been restored to sanity or cured of mental 
     disease or defect;
       ``(III) has been restored to competency; or
       ``(IV) no longer requires involuntary inpatient or 
     outpatient treatment by a psychiatric hospital; or
       ``(iii) an order or finding with respect to which the 
     person who is subject to the order or finding has been 
     granted relief from disabilities under section 925(c), under 
     a program described in section 101(c)(2)(A) or 105 of the 
     NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note), 
     or under any other State-authorized relief from disabilities 
     program of the State in which the original commitment or 
     adjudication occurred.
       ``(37) The term `psychiatric hospital' includes a mental 
     health facility, a mental hospital, a sanitarium, or a 
     psychiatric facility, including a psychiatric ward in a 
     general hospital.''; and
       (2) in section 922--
       (A) in subsection (d)(4)--
       (i) by striking ``as a mental defective'' and inserting 
     ``mentally incompetent''; and
       (ii) by striking ``any mental institution'' and inserting 
     ``a psychiatric hospital''; and
       (B) in subsection (g)(4)--
       (i) by striking ``as a mental defective or who has'' and 
     inserting ``mentally incompetent or has''; and
       (ii) by striking ``mental institution'' and inserting 
     ``psychiatric hospital''.
       (b) Technical and Conforming Amendments.--The NICS 
     Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is 
     amended--
       (1) by striking ``as a mental defective'' each place that 
     term appears and inserting ``mentally incompetent'';
       (2) by striking ``mental institution'' each place that term 
     appears and inserting ``psychiatric hospital'';
       (3) in section 101(c)--
       (A) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``to the mental health of a person'' and 
     inserting ``to whether a person is mentally incompetent''; 
     and
       (B) in paragraph (2)--
       (i) in subparagraph (A)(i), by striking ``to the mental 
     health of a person'' and inserting ``to whether a person is 
     mentally incompetent''; and
       (ii) in subparagraph (B), by striking ``to the mental 
     health of a person'' and inserting ``to whether a person is 
     mentally incompetent''; and
       (4) in section 102(c)(3)--
       (A) in the paragraph heading, by striking ``as a mental 
     defective or committed to a mental institution'' and 
     inserting ``as mentally incompetent or committed to a mental 
     institution''; and

[[Page S3059]]

       (B) by striking ``mental institutions'' and inserting 
     ``psychiatric hospitals''.

     SEC. 1099C. PROTECTING THE SECOND AMENDMENT RIGHTS OF 
                   VETERANS.

       (a) Definition.--In this section, the term ``covered 
     veteran'' means a person who, on the day before the date of 
     enactment of this Act, is considered to have been adjudicated 
     as a mental defective or committed to a mental institution 
     under subsection (d)(4) or (g)(4) of section 922 of title 18, 
     United States Code, as a result of having been found by the 
     Department of Veterans Affairs to be mentally incompetent.
       (b) Review.--The Secretary of Veterans Affairs shall--
       (1) not later than 90 days after the date of enactment of 
     this Act, conduct a review relating to each covered veteran 
     to determine whether the proceedings for the adjudication or 
     commitment of the covered veteran were conducted in 
     accordance with, and resulted in an order or finding 
     described in, section 921(a)(36) of title 18, United States 
     Code, as added by this Act; and
       (2) unless the Secretary certifies that the proceedings 
     were conducted in accordance with, and resulted in an order 
     or finding described in, section 921(a)(36) of title 18, 
     United States Code, as added by this Act, ensure that the 
     records of the covered veteran used for purposes of any 
     determination of whether the covered veteran is disqualified 
     from possessing or receiving a firearm under subsection (g) 
     or (n) of section 922 of title 18, United States Code, are 
     modified to indicate that the covered veteran has not been 
     adjudicated mentally incompetent or committed to a 
     psychiatric hospital.
       (c) Enforcement.--
       (1) Identification of inaccurate records.--Not later than 
     January 1 of each year, the Attorney General shall--
       (A) review the record of each person who is considered to 
     have been adjudicated mentally incompetent or committed to a 
     psychiatric hospital under subsection (d)(4) or (g)(4) of 
     section 922 of title 18, United States Code, as a result of 
     having been found by the Department of Veterans Affairs to be 
     mentally incompetent;
       (B) identify each such record that does not include 
     documentation indicating that the proceedings for the 
     adjudication or commitment were conducted in accordance with, 
     and resulted in an order or finding described in, section 
     921(a)(36) of title 18, United States Code, as added by this 
     Act; and
       (C) submit to the Secretary of the Treasury and Congress a 
     report providing the number of records identified under 
     subparagraph (B).
       (2) Rescission.--Effective on the date on which the 
     Attorney General submits a report under paragraph (1)(C), 
     there is rescinded from the unobligated balances in the 
     appropriations account appropriated under the heading 
     ``general administration'' under the heading ``Departmental 
     Administration'' under the heading ``DEPARTMENT OF VETERANS 
     AFFAIRS'' the amount equal to the product of--
       (A) the number of records that the report states were 
     identified by the Attorney General under paragraph (1)(B); 
     and
       (B) $10,000.
       (d) Appointment of Fiduciaries.--
       (1) In general.--Chapter 55 of title 38, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 5511. Use of determinations to appoint fiduciaries

       ``No determination by the Secretary that benefits under 
     this title to which an individual is entitled shall be paid 
     to a fiduciary shall be considered to be a determination that 
     the individual has been adjudicated mentally incompetent for 
     purposes of subsections (d)(4) and (g)(4) of section 922 of 
     title 18.''.
       (2) Clerical amendment.--The table of sections for chapter 
     55 of title 38, United States Code, is amended by adding at 
     the end the following:

``5511. Use of determinations to appoint fiduciaries.''.

     SEC. 1099D. USE OF DETERMINATIONS MADE BY THE COMMISSIONER OF 
                   SOCIAL SECURITY.

       (a) Title II.--Section 205(j) of the Social Security Act 
     (42 U.S.C. 405(j)) is amended by adding at the end the 
     following:
       ``(11) No determination by the Commissioner of Social 
     Security with respect to an individual, including a 
     determination that benefits under this title to which such 
     individual is entitled shall be paid to a representative 
     payee, shall be considered to be a determination that the 
     individual has been adjudicated mentally incompetent for 
     purposes of subsections (d)(4) and (g)(4) of section 922 of 
     title 18, United States Code.''.
       (b) Title XVI.--Section 1631(a)(2) of such Act (42 U.S.C. 
     1383(a)(2)) is amended by adding at the end the following:
       ``(J) No determination by the Commissioner of Social 
     Security with respect to an individual, including a 
     determination that benefits under this title to which such 
     individual is entitled shall be paid to a representative 
     payee, shall be considered to be a determination that the 
     individual has been adjudicated mentally incompetent for 
     purposes of subsections (d)(4) and (g)(4) of section 922 of 
     title 18, United States Code.''.
       (c) Enforcement.--
       (1) Identification of inaccurate records.--Not later than 
     January 1 of each year, the Attorney General shall--
       (A) review the record of each person who is considered to 
     have been adjudicated mentally incompetent or committed to a 
     psychiatric hospital under subsection (d)(4) or (g)(4) of 
     section 922 of title 18, United States Code, as a result of a 
     determination by the Commissioner of Social Security;
       (B) identify each such record that does not include 
     documentation indicating that the proceedings for the 
     adjudication or commitment were conducted in accordance with, 
     and resulted in an order or finding described in, section 
     921(a)(36) of title 18, United States Code, as added by this 
     Act; and
       (C) submit to the Secretary of the Treasury and Congress a 
     report providing the number of records identified under 
     subparagraph (B).
       (2) Rescission.--
       (A) In general.--Effective on the date on which the 
     Attorney General submits a report under paragraph (1)(C), 
     there is rescinded from the unobligated balances in the 
     Federal Old-Age and Survivors Insurance Trust Fund, the 
     Federal Disability Insurance Trust Fund, the Federal Hospital 
     Insurance Trust Fund, and the Federal Supplementary Medical 
     Insurance Trust Fund, on a pro rata basis, the amount equal 
     to the product of--
       (i) the number of records that the report states were 
     identified by the Attorney General under paragraph (1)(B); 
     and
       (ii) $10,000.
       (B) Treatment of amounts.--Amounts rescinded under 
     subparagraph (A) shall be deemed to have been expended for 
     costs described in section 201(g)(1) of the Social Security 
     Act (42 U.S.C. 401(g)(1)).

     SEC. 1099E. STATE HEALTH REPORTS.

       Section 102(c)(3) of the NICS Improvement Amendments Act of 
     2007 (18 U.S.C. 922 note) is amended by adding at the end the 
     following: ``A report made available by a State indicating 
     that a person has been adjudicated as mentally incompetent or 
     committed to a mental institution shall not be used for 
     purposes of any determination of whether a person is 
     disqualified from possessing or receiving a firearm under 
     subsection (g) or (n) of section 922 of title 18, United 
     States Code, unless the Attorney General determines that the 
     proceedings for the adjudication or commitment were conducted 
     in accordance with, and resulted in an order or finding 
     described in, section 921(a)(36) of title 18, United States 
     Code and that the State has provided clear and convincing 
     evidence that the person poses a significant danger.''.

     SEC. 1099F. APPLICABILITY OF AMENDMENTS.

       With respect to any record of a person prohibited from 
     possessing or receiving a firearm under subsection (d)(4) or 
     (g)(4) of section 922 of title 18, United States Code, before 
     the date of enactment of this Act, the Attorney General shall 
     remove such a record from the National Instant Criminal 
     Background Check System--
       (1) upon being made aware that the person is no longer 
     considered as adjudicated mentally incompetent or committed 
     to a psychiatric hospital according to the criteria under 
     paragraph (36)(A)(i)(II) of section 921(a) of title 18, 
     United States Code (as added by this Act), and is therefore 
     no longer prohibited from possessing or receiving a firearm;
       (2) upon being made aware that any order or finding that 
     the record is based on is an order or finding described in 
     paragraph (36)(B) of section 921(a) of title 18, United State 
     Code (as added by this Act); or
       (3) upon being made aware that the person has been found 
     competent to possess a firearm after an administrative or 
     judicial review under subsection (c) or (d) of section 5511 
     of title 38, United States Code (as added by this Act).
                                 ______
                                 
  SA 4078. Mr. McCONNELL (for Mr. Grassley) proposed an amendment to 
the bill S. 2613, to reauthorize certain programs established by the 
Adam Walsh Child Protection and Safety Act of 2006; as follows:

       On page 5, strike lines 23 through 25 and insert the 
     following:
       ``(c) Definition of Sexual Assault.--In this section, the 
     term `sexual assault' means any nonconsensual sexual act 
     proscribed by Federal, tribal, or State law, including when 
     the victim lacks capacity to consent.
                                 ______
                                 
  SA 4079. Ms. HEITKAMP submitted an amendment intended to be proposed 
by her to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 556, line 2, insert ``, including the modernization 
     investments required to ensure that B-1, B-2, or B-52 
     aircraft can carry out the full range of long-range bomber 
     aircraft missions anticipated in operational plans of the 
     Armed Forces'' after ``program''.
                                 ______
                                 
  SA 4080. Ms. HEITKAMP submitted an amendment intended to be proposed 
by her to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal

[[Page S3060]]

year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of subtitle C of title VII, add the following:

     SEC. 764. STUDY ON ELIMINATING STIGMA AND IMPROVING TREATMENT 
                   OF POST-TRAUMATIC STRESS DISORDER AMONG MEMBERS 
                   OF THE ARMED FORCES AND VETERANS.

       (a) Study.--
       (1) In general.--The Secretary of Defense and the Secretary 
     of Veterans Affairs shall jointly conduct a study on 
     eliminating the stigma and improving the treatment of post-
     traumatic stress disorder among members of the Armed Forces 
     and veterans.
       (2) Consultation.--In conducting the study required by 
     paragraph (1), the Secretary of Defense and the Secretary of 
     Veterans Affairs shall consult with individuals with relevant 
     experience relating to post-traumatic stress disorder, the 
     treatment of post-traumatic stress disorder, and the impact 
     of post-traumatic stress disorder on members of the Armed 
     Forces, veterans, and their families, including the following 
     individuals:
       (A) Representatives of military service organizations.
       (B) Representatives of veterans service organizations.
       (C) Health professionals with experience in treating 
     members of the Armed Forces and veterans with mental illness, 
     including those health professionals who work for the Federal 
     Government and those who do not.
       (3) Elements.--In conducting the study required by 
     paragraph (1), the Secretary of Defense and the Secretary of 
     Veterans Affairs shall assess the following:
       (A) The feasibility and advisability of strategies to 
     improve the treatment of the full spectrum of post-traumatic 
     stress disorder among members of the Armed Forces and 
     veterans.
       (B) The feasibility and advisability of strategies to 
     eliminate the stigma attached to post-traumatic stress 
     disorder among members of the Armed Forces, veterans, and the 
     public in general.
       (C) The impact of the term ``disorder'' on the stigma 
     attached to post-traumatic stress disorder among members of 
     the Armed Forces and veterans, including the impact of 
     dropping the term ``disorder'' or replacing it with the term 
     ``injury'', when medically appropriate, when referring to 
     post-traumatic stress disorder.
       (D) Whether using the term ``disorder'' is the most 
     accurate way to describe post-traumatic stress disorder in 
     instances in which members of the Armed Forces and veterans 
     have experienced traumatic events but have not been formally 
     diagnosed with post-traumatic stress disorder.
       (E) Whether there is a need to update the VA/DOD Clinical 
     Practice Guideline for Management of Post-Traumatic Stress 
     published by the Department of Defense and the Department of 
     Veterans Affairs.
       (F) Whether there is a need to encourage commanders in the 
     Armed Forces to support appropriate treatment for members of 
     the Armed Forces who are diagnosed with post-traumatic stress 
     disorder.
       (G) Whether there is a need to update information provided 
     to members of the Armed Forces and veterans, including 
     information on Internet websites of the Department of Defense 
     or the Department of Veterans Affairs, on post-traumatic 
     stress disorder to eliminate the stigma and more accurately 
     describe the medical conditions for which members of the 
     Armed Forces and veterans are receiving treatment.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense and the 
     Secretary of Veterans Affairs shall jointly submit to the 
     appropriate committees of Congress a report on the results of 
     the study required by subsection (a), including 
     recommendations for any actions that the Department of 
     Defense and the Department of Veterans Affairs can take to 
     eliminate the stigma and improve the treatment of post-
     traumatic stress disorder among members of the Armed Forces 
     and veterans.
       (c) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Veterans' Affairs, and the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Veterans' Affairs, and the Subcommittee on Defense of the 
     Committee on Appropriations of the House of Representatives.
       (2) Veterans service organization.--The term ``veterans 
     service organization'' means an organization recognized by 
     the Secretary for the representation of veterans under 
     section 5902 of title 38, United States Code.
                                 ______
                                 
  SA 4081. Ms. HEITKAMP (for herself and Ms. Ayotte) submitted an 
amendment intended to be proposed by her to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle I of title X, add the following:

     SEC. 1097. NORTHERN BORDER THREAT ANALYSIS.

       (a) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Appropriations of the Senate;
       (C) the Committee on the Judiciary of the Senate;
       (D) the Committee on Homeland Security of the House of 
     Representatives;
       (E) the Committee on Appropriations of the House of 
     Representatives; and
       (F) the Committee on the Judiciary of the House of 
     Representatives.
       (2) Northern border.--The term ``Northern Border'' means 
     the land and maritime borders between the United States and 
     Canada.
       (b) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall submit to the appropriate congressional committees a 
     Northern Border threat analysis that includes--
       (1) current and potential terrorism and criminal threats 
     posed by individuals and organized groups seeking--
       (A) to enter the United States through the Northern Border; 
     or
       (B) to exploit border vulnerabilities on the Northern 
     Border;
       (2) improvements needed at and between ports of entry along 
     the Northern Border--
       (A) to prevent terrorists and instruments of terrorism from 
     entering the United States; and
       (B) to reduce criminal activity, as measured by the total 
     flow of illegal goods, illicit drugs, and smuggled and 
     trafficked persons moved in either direction across to the 
     Northern Border;
       (3) gaps in law, policy, cooperation between State, tribal, 
     and local law enforcement, international agreements, or 
     tribal agreements that hinder effective and efficient border 
     security, counter-terrorism, anti-human smuggling and 
     trafficking efforts, and the flow of legitimate trade along 
     the Northern Border; and
       (4) whether additional U.S. Customs and Border Protection 
     preclearance and preinspection operations at ports of entry 
     along the Northern Border could help prevent terrorists and 
     instruments of terror from entering the United States.
       (c) Analysis Requirements.--For the threat analysis 
     required under subsection (b), the Secretary of Homeland 
     Security shall consider and examine--
       (1) technology needs and challenges;
       (2) personnel needs and challenges;
       (3) the role of State, tribal, and local law enforcement in 
     general border security activities;
       (4) the need for cooperation among Federal, State, tribal, 
     local, and Canadian law enforcement entities relating to 
     border security;
       (5) the terrain, population density, and climate along the 
     Northern Border; and
       (6) the needs and challenges of Department of Homeland 
     Security facilities, including the physical approaches to 
     such facilities.
       (d) Classified Threat Analysis.--To the extent possible, 
     the Secretary of Homeland Security shall submit the threat 
     analysis required under subsection (b) in unclassified form. 
     The Secretary may submit a portion of the threat analysis in 
     classified form if the Secretary determines that such form is 
     appropriate for that portion.

                          ____________________