[Congressional Record Volume 162, Number 81 (Monday, May 23, 2016)]
[Senate]
[Pages S3058-S3059]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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``(ii) an order or finding that is no longer applicable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).
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