[Congressional Record Volume 162, Number 95 (Wednesday, June 15, 2016)]
[Senate]
[Pages S3986-S4010]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4685. Mr. McCONNELL (for Mr. Shelby (for himself and Ms. 
Mikulski)) proposed an amendment to the bill H.R. 2578, making 
appropriations for the Departments of Commerce and Justice, Science, 
and Related Agencies for the fiscal year ending September 30, 2016, and 
for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:
       That the following sums are appropriated, out of any money 
     in the Treasury not otherwise appropriated, for the 
     Departments of Commerce and Justice, Science, and Related 
     Agencies for the fiscal year ending September 30, 2017, and 
     for other purposes, namely:

                                TITLE I

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                     operations and administration

       For necessary expenses for international trade activities 
     of the Department of Commerce provided for by law, and for 
     engaging in trade promotional activities abroad, including 
     expenses of grants and cooperative agreements for the purpose 
     of promoting exports of United States firms, without regard 
     to sections 3702 and 3703 of title 44, United States Code; 
     full medical coverage for dependent members of immediate 
     families of employees stationed overseas and employees 
     temporarily posted overseas; travel and transportation of 
     employees of the International Trade Administration between 
     two points abroad, without regard to section 40118 of title 
     49, United States Code; employment of citizens of the United 
     States and aliens by contract for services; rental of space 
     abroad for periods not exceeding 10 years, and expenses of 
     alteration, repair, or improvement; purchase or construction 
     of temporary demountable exhibition structures for use 
     abroad; payment of tort claims, in the manner authorized in 
     the first paragraph of section 2672 of title 28, United

[[Page S3987]]

     States Code, when such claims arise in foreign countries; not 
     to exceed $294,300 for official representation expenses 
     abroad; purchase of passenger motor vehicles for official use 
     abroad, not to exceed $45,000 per vehicle; obtaining 
     insurance on official motor vehicles; and rental of tie 
     lines, $495,000,000, to remain available until September 30, 
     2018, of which $12,000,000 is to be derived from fees to be 
     retained and used by the International Trade Administration, 
     notwithstanding section 3302 of title 31, United States Code: 
      Provided, That, of amounts provided under this heading, not 
     less than $16,400,000 shall be for China antidumping and 
     countervailing duty enforcement and compliance activities:  
     Provided further, That the provisions of the first sentence 
     of section 105(f) and all of section 108(c) of the Mutual 
     Educational and Cultural Exchange Act of 1961 (22 U.S.C. 
     2455(f) and 2458(c)) shall apply in carrying out these 
     activities; and that for the purpose of this Act, 
     contributions under the provisions of the Mutual Educational 
     and Cultural Exchange Act of 1961 shall include payment for 
     assessments for services provided as part of these 
     activities.

                    Bureau of Industry and Security

                     operations and administration

       For necessary expenses for export administration and 
     national security activities of the Department of Commerce, 
     including costs associated with the performance of export 
     administration field activities both domestically and abroad; 
     full medical coverage for dependent members of immediate 
     families of employees stationed overseas; employment of 
     citizens of the United States and aliens by contract for 
     services abroad; payment of tort claims, in the manner 
     authorized in the first paragraph of section 2672 of title 
     28, United States Code, when such claims arise in foreign 
     countries; not to exceed $13,500 for official representation 
     expenses abroad; awards of compensation to informers under 
     the Export Administration Act of 1979, and as authorized by 
     section 1(b) of the Act of June 15, 1917 (40 Stat. 223; 22 
     U.S.C. 401(b)); and purchase of passenger motor vehicles for 
     official use and motor vehicles for law enforcement use with 
     special requirement vehicles eligible for purchase without 
     regard to any price limitation otherwise established by law, 
     $112,500,000, to remain available until expended:  Provided, 
     That the provisions of the first sentence of section 105(f) 
     and all of section 108(c) of the Mutual Educational and 
     Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) 
     shall apply in carrying out these activities:  Provided 
     further, That payments and contributions collected and 
     accepted for materials or services provided as part of such 
     activities may be retained for use in covering the cost of 
     such activities, and for providing information to the public 
     with respect to the export administration and national 
     security activities of the Department of Commerce and other 
     export control programs of the United States and other 
     governments.

                  Economic Development Administration

                economic development assistance programs

       For grants for economic development assistance as provided 
     by the Public Works and Economic Development Act of 1965, for 
     trade adjustment assistance, and for grants authorized by 
     section 27 of the Stevenson-Wydler Technology Innovation Act 
     of 1980 (15 U.S.C. 3722), $215,000,000, to remain available 
     until expended, of which $20,000,000 shall be for grants 
     under such section 27.

                         salaries and expenses

       For necessary expenses of administering the economic 
     development assistance programs as provided for by law, 
     $39,000,000:  Provided, That these funds may be used to 
     monitor projects approved pursuant to title I of the Public 
     Works Employment Act of 1976, title II of the Trade Act of 
     1974, section 27 of the Stevenson-Wydler Technology 
     Innovation Act of 1980 (15 U.S.C. 3722), and the Community 
     Emergency Drought Relief Act of 1977.

                  Minority Business Development Agency

                     minority business development

       For necessary expenses of the Department of Commerce in 
     fostering, promoting, and developing minority business 
     enterprise, including expenses of grants, contracts, and 
     other agreements with public or private organizations, 
     $32,000,000.

                   Economic and Statistical Analysis

                         salaries and expenses

       For necessary expenses, as authorized by law, of economic 
     and statistical analysis programs of the Department of 
     Commerce, $109,000,000, to remain available until September 
     30, 2018.

                          Bureau of the Census

                      current surveys and programs

       For necessary expenses for collecting, compiling, 
     analyzing, preparing and publishing statistics, provided for 
     by law, $270,000,000:  Provided, That, from amounts provided 
     herein, funds may be used for promotion, outreach, and 
     marketing activities.

                     periodic censuses and programs

                     (including transfer of funds)

       For necessary expenses for collecting, compiling, 
     analyzing, preparing and publishing statistics for periodic 
     censuses and programs provided for by law, $1,248,319,000, to 
     remain available until September 30, 2018:  Provided, That, 
     from amounts provided herein, funds may be used for 
     promotion, outreach, and marketing activities:  Provided 
     further, That within the amounts appropriated, $2,580,000 
     shall be transferred to the ``Office of Inspector General'' 
     account for activities associated with carrying out 
     investigations and audits related to the Bureau of the 
     Census.

       National Telecommunications and Information Administration

                         salaries and expenses

       For necessary expenses, as provided for by law, of the 
     National Telecommunications and Information Administration 
     (NTIA), $39,500,000, to remain available until September 30, 
     2018:  Provided, That, notwithstanding 31 U.S.C. 1535(d), the 
     Secretary of Commerce shall charge Federal agencies for costs 
     incurred in spectrum management, analysis, operations, and 
     related services, and such fees shall be retained and used as 
     offsetting collections for costs of such spectrum services, 
     to remain available until expended:  Provided further, That 
     the Secretary of Commerce is authorized to retain and use as 
     offsetting collections all funds transferred, or previously 
     transferred, from other Government agencies for all costs 
     incurred in telecommunications research, engineering, and 
     related activities by the Institute for Telecommunication 
     Sciences of NTIA, in furtherance of its assigned functions 
     under this paragraph, and such funds received from other 
     Government agencies shall remain available until expended.

    public telecommunications facilities, planning and construction

       For the administration of prior-year grants, recoveries and 
     unobligated balances of funds previously appropriated are 
     available for the administration of all open grants until 
     their expiration.

               United States Patent and Trademark Office

                         salaries and expenses

                     (including transfers of funds)

       For necessary expenses of the United States Patent and 
     Trademark Office (USPTO) provided for by law, including 
     defense of suits instituted against the Under Secretary of 
     Commerce for Intellectual Property and Director of the USPTO, 
     $3,230,000,000, to remain available until expended:  
     Provided, That the sum herein appropriated from the general 
     fund shall be reduced as offsetting collections of fees and 
     surcharges assessed and collected by the USPTO under any law 
     are received during fiscal year 2017, so as to result in a 
     fiscal year 2017 appropriation from the general fund 
     estimated at $0:  Provided further, That during fiscal year 
     2017, should the total amount of such offsetting collections 
     be less than $3,230,000,000 this amount shall be reduced 
     accordingly:  Provided further, That any amount received in 
     excess of $3,230,000,000 in fiscal year 2017 and deposited in 
     the Patent and Trademark Fee Reserve Fund shall remain 
     available until expended:  Provided further, That the 
     Director of USPTO shall submit a spending plan to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate for any amounts made available by the 
     preceding proviso and such spending plan shall be treated as 
     a reprogramming under section 505 of this Act and shall not 
     be available for obligation or expenditure except in 
     compliance with the procedures set forth in that section:  
     Provided further, That any amounts reprogrammed in accordance 
     with the preceding proviso shall be transferred to the United 
     States Patent and Trademark Office ``Salaries and Expenses'' 
     account:  Provided further, That from amounts provided 
     herein, not to exceed $900 shall be made available in fiscal 
     year 2017 for official reception and representation expenses: 
      Provided further, That in fiscal year 2017 from the amounts 
     made available for ``Salaries and Expenses'' for the USPTO, 
     the amounts necessary to pay (1) the difference between the 
     percentage of basic pay contributed by the USPTO and 
     employees under section 8334(a) of title 5, United States 
     Code, and the normal cost percentage (as defined by section 
     8331(17) of that title) as provided by the Office of 
     Personnel Management (OPM) for USPTO's specific use, of basic 
     pay, of employees subject to subchapter III of chapter 83 of 
     that title, and (2) the present value of the otherwise 
     unfunded accruing costs, as determined by OPM for USPTO's 
     specific use of post-retirement life insurance and post-
     retirement health benefits coverage for all USPTO employees 
     who are enrolled in Federal Employees Health Benefits (FEHB) 
     and Federal Employees Group Life Insurance (FEGLI), shall be 
     transferred to the Civil Service Retirement and Disability 
     Fund, the FEGLI Fund, and the FEHB Fund, as appropriate, and 
     shall be available for the authorized purposes of those 
     accounts:  Provided further, That any differences between the 
     present value factors published in OPM's yearly 300 series 
     benefit letters and the factors that OPM provides for USPTO's 
     specific use shall be recognized as an imputed cost on 
     USPTO's financial statements, where applicable:  Provided 
     further, That, notwithstanding any other provision of law, 
     all fees and surcharges assessed and collected by USPTO are 
     available for USPTO only pursuant to section 42(c) of title 
     35, United States Code, as amended by section 22 of the 
     Leahy-Smith America Invents Act (Public Law 112-29):  
     Provided further, That within the amounts appropriated, 
     $2,000,000 shall be transferred to the ``Office of Inspector 
     General'' account for activities associated with

[[Page S3988]]

     carrying out investigations and audits related to the USPTO.

             National Institute of Standards and Technology

             scientific and technical research and services

                     (including transfer of funds)

       For necessary expenses of the National Institute of 
     Standards and Technology (NIST), $700,000,000, to remain 
     available until expended, of which not to exceed $9,000,000 
     may be transferred to the ``Working Capital Fund'':  
     Provided, That not to exceed $5,000 shall be for official 
     reception and representation expenses:  Provided further, 
     That NIST may provide local transportation for summer 
     undergraduate research fellowship program participants.

                     industrial technology services

       For necessary expenses for industrial technology services, 
     $155,000,000, to remain available until expended, of which 
     $130,000,000 shall be for the Hollings Manufacturing 
     Extension Partnership, and of which $25,000,000 shall be for 
     the National Network for Manufacturing Innovation.

                  construction of research facilities

       For construction of new research facilities, including 
     architectural and engineering design, and for renovation and 
     maintenance of existing facilities, not otherwise provided 
     for the National Institute of Standards and Technology, as 
     authorized by sections 13 through 15 of the National 
     Institute of Standards and Technology Act (15 U.S.C. 278c-
     278e), $119,000,000, to remain available until expended:  
     Provided, That the Secretary of Commerce shall include in the 
     budget justification materials that the Secretary submits to 
     Congress in support of the Department of Commerce budget (as 
     submitted with the budget of the President under section 
     1105(a) of title 31, United States Code) an estimate for each 
     National Institute of Standards and Technology construction 
     project having a total multi-year program cost of more than 
     $5,000,000, and simultaneously the budget justification 
     materials shall include an estimate of the budgetary 
     requirements for each such project for each of the 5 
     subsequent fiscal years.

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

                     (including transfer of funds)

       For necessary expenses of activities authorized by law for 
     the National Oceanic and Atmospheric Administration, 
     including maintenance, operation, and hire of aircraft and 
     vessels; grants, contracts, or other payments to nonprofit 
     organizations for the purposes of conducting activities 
     pursuant to cooperative agreements; and relocation of 
     facilities, $3,339,376,000, to remain available until 
     September 30, 2018, except that funds provided for 
     cooperative enforcement shall remain available until 
     September 30, 2019:  Provided, That fees and donations 
     received by the National Ocean Service for the management of 
     national marine sanctuaries may be retained and used for the 
     salaries and expenses associated with those activities, 
     notwithstanding section 3302 of title 31, United States Code: 
      Provided further, That in addition, $130,164,000 shall be 
     derived by transfer from the fund entitled ``Promote and 
     Develop Fishery Products and Research Pertaining to American 
     Fisheries'', which shall only be used for fishery activities 
     related to the Saltonstall-Kennedy Grant Program, Cooperative 
     Research, Annual Stock Assessments, Survey and Monitoring 
     Projects, Interjurisdictional Fisheries Grants, and Fish 
     Information Networks:  Provided further, That of the 
     $3,487,040,000 provided for in direct obligations under this 
     heading, $3,339,376,000 is appropriated from the general 
     fund, $130,164,000 is provided by transfer and $17,500,000 is 
     derived from recoveries of prior year obligations:  Provided 
     further, That the total amount available for National Oceanic 
     and Atmospheric Administration corporate services 
     administrative support costs shall not exceed $230,050,000:  
     Provided further, That any deviation from the amounts 
     designated for specific activities in the report accompanying 
     this Act, or any use of deobligated balances of funds 
     provided under this heading in previous years, shall be 
     subject to the procedures set forth in section 505 of this 
     Act:  Provided further, That in addition, for necessary 
     retired pay expenses under the Retired Serviceman's Family 
     Protection and Survivor Benefits Plan, and for payments for 
     the medical care of retired personnel and their dependents 
     under the Dependents Medical Care Act (10 U.S.C. 55), such 
     sums as may be necessary.

               procurement, acquisition and construction

                     (including transfer of funds)

       For procurement, acquisition and construction of capital 
     assets, including alteration and modification costs, of the 
     National Oceanic and Atmospheric Administration, 
     $2,286,853,000, to remain available until September 30, 2019, 
     except that funds provided for acquisition and construction 
     of vessels and construction of facilities shall remain 
     available until expended:  Provided, That of the 
     $2,299,853,000 provided for in direct obligations under this 
     heading, $2,286,853,000 is appropriated from the general fund 
     and $13,000,000 is provided from recoveries of prior year 
     obligations:  Provided further, That any deviation from the 
     amounts designated for specific activities in the report 
     accompanying this Act, or any use of deobligated balances of 
     funds provided under this heading in previous years, shall be 
     subject to the procedures set forth in section 505 of this 
     Act:  Provided further, That the Secretary of Commerce shall 
     include in budget justification materials that the Secretary 
     submits to Congress in support of the Department of Commerce 
     budget (as submitted with the budget of the President under 
     section 1105(a) of title 31, United States Code) an estimate 
     for each National Oceanic and Atmospheric Administration 
     procurement, acquisition or construction project having a 
     total of more than $5,000,000 and simultaneously the budget 
     justification shall include an estimate of the budgetary 
     requirements for each such project for each of the 5 
     subsequent fiscal years:  Provided further, That, within the 
     amounts appropriated, $1,302,000 shall be transferred to the 
     ``Office of Inspector General'' account for activities 
     associated with carrying out investigations and audits 
     related to satellite procurement, acquisition and 
     construction.

                    pacific coastal salmon recovery

       For necessary expenses associated with the restoration of 
     Pacific salmon populations, $65,000,000, to remain available 
     until September 30, 2018:  Provided, That, of the funds 
     provided herein, the Secretary of Commerce may issue grants 
     to the States of Washington, Oregon, Idaho, Nevada, 
     California, and Alaska, and to the Federally recognized 
     tribes of the Columbia River and Pacific Coast (including 
     Alaska), for projects necessary for conservation of salmon 
     and steelhead populations that are listed as threatened or 
     endangered, or that are identified by a State as at-risk to 
     be so listed, for maintaining populations necessary for 
     exercise of tribal treaty fishing rights or native 
     subsistence fishing, or for conservation of Pacific coastal 
     salmon and steelhead habitat, based on guidelines to be 
     developed by the Secretary of Commerce:  Provided further, 
     That all funds shall be allocated based on scientific and 
     other merit principles and shall not be available for 
     marketing activities:  Provided further, That funds disbursed 
     to States shall be subject to a matching requirement of funds 
     or documented in-kind contributions of at least 33 percent of 
     the Federal funds.

                      fishermen's contingency fund

       For carrying out the provisions of title IV of Public Law 
     95-372, not to exceed $350,000, to be derived from receipts 
     collected pursuant to that Act, to remain available until 
     expended.

                   fisheries finance program account

       Subject to section 502 of the Congressional Budget Act of 
     1974, during fiscal year 2017, obligations of direct loans 
     may not exceed $24,000,000 for Individual Fishing Quota loans 
     and not to exceed $100,000,000 for traditional direct loans 
     as authorized by the Merchant Marine Act of 1936.

                        Departmental Management

                         salaries and expenses

       For necessary expenses for the management of the Department 
     of Commerce provided for by law, including not to exceed 
     $4,500 for official reception and representation, 
     $58,000,000:  Provided, That within amounts provided, the 
     Secretary of Commerce may use up to $2,500,000 to engage in 
     activities to provide businesses and communities with 
     information about and referrals to relevant Federal, State, 
     and local government programs.

                      renovation and modernization

       For necessary expenses for the renovation and modernization 
     of Department of Commerce facilities, $12,224,000, to remain 
     available until expended:  Provided, That unobligated 
     balances of available discretionary funds appropriated for 
     the Department of Commerce in this Act or previous 
     appropriations Acts may be transferred to, and merged with, 
     this account:  Provided further, That any such funds 
     appropriated in prior appropriations Acts transferred 
     pursuant to the authority in the preceding proviso shall 
     retain the same period of availability as when originally 
     appropriated:  Provided further, That the transfer authority 
     provided in the first proviso is in addition to any other 
     transfer authority contained in this Act:  Provided further, 
     That any transfer pursuant to the authority provided under 
     this heading shall be treated as a reprogramming under 
     section 505 of this Act and shall not be available for 
     obligation or expenditure except in compliance with the 
     procedures set forth in that section.

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978 (5 U.S.C. App.), $32,744,000.

               General Provisions--Department of Commerce

                     (including transfer of funds)

       Sec. 101.  During the current fiscal year, applicable 
     appropriations and funds made available to the Department of 
     Commerce by this Act shall be available for the activities 
     specified in the Act of October 26, 1949 (15 U.S.C. 1514), to 
     the extent and in the manner prescribed by the Act, and, 
     notwithstanding 31 U.S.C. 3324, may be used for advanced 
     payments not otherwise authorized only upon the certification 
     of officials designated by the Secretary of Commerce that 
     such payments are in the public interest.
       Sec. 102.  During the current fiscal year, appropriations 
     made available to the Department of Commerce by this Act for 
     salaries

[[Page S3989]]

     and expenses shall be available for hire of passenger motor 
     vehicles as authorized by 31 U.S.C. 1343 and 1344; services 
     as authorized by 5 U.S.C. 3109; and uniforms or allowances 
     therefor, as authorized by law (5 U.S.C. 5901-5902).
       Sec. 103.  Not to exceed 5 percent of any appropriation 
     made available for the current fiscal year for the Department 
     of Commerce in this Act may be transferred between such 
     appropriations, but no such appropriation shall be increased 
     by more than 10 percent by any such transfers:  Provided, 
     That any transfer pursuant to this section shall be treated 
     as a reprogramming of funds under section 505 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section:  
     Provided further, That the Secretary of Commerce shall notify 
     the Committees on Appropriations at least 15 days in advance 
     of the acquisition or disposal of any capital asset 
     (including land, structures, and equipment) not specifically 
     provided for in this Act or any other law appropriating funds 
     for the Department of Commerce.
       Sec. 104.  The requirements set forth by section 105 of the 
     Commerce, Justice, Science, and Related Agencies 
     Appropriations Act, 2012 (Public Law 112-55), as amended by 
     section 105 of title I of division B of Public Law 113-6, are 
     hereby adopted by reference and made applicable with respect 
     to fiscal year 2017:  Provided, That the life cycle cost for 
     the Joint Polar Satellite System is $11,322,125,000 and the 
     life cycle cost for the Geostationary Operational 
     Environmental Satellite R-Series Program is $10,150,059,000.
       Sec. 105.  Notwithstanding any other provision of law, the 
     Secretary may furnish services (including but not limited to 
     utilities, telecommunications, and security services) 
     necessary to support the operation, maintenance, and 
     improvement of space that persons, firms, or organizations 
     are authorized, pursuant to the Public Buildings Cooperative 
     Use Act of 1976 or other authority, to use or occupy in the 
     Herbert C. Hoover Building, Washington, DC, or other 
     buildings, the maintenance, operation, and protection of 
     which has been delegated to the Secretary from the 
     Administrator of General Services pursuant to the Federal 
     Property and Administrative Services Act of 1949 on a 
     reimbursable or non-reimbursable basis. Amounts received as 
     reimbursement for services provided under this section or the 
     authority under which the use or occupancy of the space is 
     authorized, up to $200,000, shall be credited to the 
     appropriation or fund which initially bears the costs of such 
     services.
       Sec. 106.  Nothing in this title shall be construed to 
     prevent a grant recipient from deterring child pornography, 
     copyright infringement, or any other unlawful activity over 
     its networks.
       Sec. 107.  The Administrator of the National Oceanic and 
     Atmospheric Administration is authorized to use, with their 
     consent, with reimbursement and subject to the limits of 
     available appropriations, the land, services, equipment, 
     personnel, and facilities of any department, agency, or 
     instrumentality of the United States, or of any State, local 
     government, Indian tribal government, Territory, or 
     possession, or of any political subdivision thereof, or of 
     any foreign government or international organization, for 
     purposes related to carrying out the responsibilities of any 
     statute administered by the National Oceanic and Atmospheric 
     Administration.
       Sec. 108.  The National Technical Information Service shall 
     not charge any customer for a copy of any report or document 
     generated by the Legislative Branch unless the Service has 
     provided information to the customer on how an electronic 
     copy of such report or document may be accessed and 
     downloaded for free online. Should a customer still require 
     the Service to provide a printed or digital copy of the 
     report or document, the charge shall be limited to recovering 
     the Service's cost of processing, reproducing, and delivering 
     such report or document.
       Sec. 109.  The Secretary of Commerce may waive the 
     requirement for bonds under 40 U.S.C. 3131 with respect to 
     contracts for the construction, alteration, or repair of 
     vessels, regardless of the terms of the contracts as to 
     payment or title, when the contract is made under the Coast 
     and Geodetic Survey Act of 1947 (33 U.S.C. 883a et seq.).
       Sec. 110.  None of the funds appropriated or otherwise made 
     available in this Act may be used in contravention of section 
     110 of the Commerce, Justice, Science, and Related Agencies 
     Appropriations Act, 2016 (Public Law 114-113).
       Sec. 111.  To carry out the responsibilities of the 
     National Oceanic and Atmospheric Administration (NOAA), the 
     Administrator of NOAA is authorized to: (1) enter into grants 
     and cooperative agreements with; (2) use on a non-
     reimbursable basis land, services, equipment, personnel, and 
     facilities provided by; and (3) receive and expend funds made 
     available on a consensual basis from: a Federal agency, State 
     or subdivision thereof, local government, tribal government, 
     territory, or possession or any subdivisions thereof:  
     Provided, That funds received for permitting and related 
     regulatory activities pursuant to this section shall be 
     deposited under the heading ``National Oceanic and 
     Atmospheric Administration--Operations, Research, and 
     Facilities'' and shall remain available until September 30, 
     2019, for such purposes:  Provided further, That all funds 
     within this section and their corresponding uses are subject 
     to section 505 of this Act.
       Sec. 112.  Amounts provided by this Act or by any prior 
     appropriations Act that remain available for obligation, for 
     necessary expenses of the programs of the Economics and 
     Statistics Administration of the Department of Commerce, 
     including amounts provided for programs of the Bureau of 
     Economic Analysis and the U.S. Census Bureau, shall be 
     available for expenses of cooperative agreements with 
     appropriate entities, including any Federal, State, or local 
     governmental unit, or institution of higher education, to aid 
     and promote statistical, research, and methodology activities 
     which further the purposes for which such amounts have been 
     made available.
       Sec. 113.  No funds appropriated or otherwise made 
     available in this Act may be used by the Department of 
     Commerce Office of General Counsel during the time period in 
     which the Department of Commerce Office of Inspector General 
     has notified the Committees on Appropriations of the House of 
     Representatives and the Senate that any component within the 
     Department of Commerce is not in compliance with section 536 
     of this Act.
        This title may be cited as the ``Department of Commerce 
     Appropriations Act, 2017''.

                                TITLE II

                         DEPARTMENT OF JUSTICE

                         General Administration

                         salaries and expenses

       For expenses necessary for the administration of the 
     Department of Justice, $114,124,000, of which not to exceed 
     $4,000,000 for security and construction of Department of 
     Justice facilities shall remain available until expended.

                 justice information sharing technology

                     (including transfer of funds)

       For necessary expenses for information sharing technology, 
     including planning, development, deployment and departmental 
     direction, $50,000,000, to remain available until expended:  
     Provided, That the Attorney General may transfer up to 
     $35,400,000 to this account, from funds available to the 
     Department of Justice for information technology, to remain 
     available until expended, for enterprise-wide information 
     technology initiatives:  Provided further, That the transfer 
     authority in the preceding proviso is in addition to any 
     other transfer authority contained in this Act.

                   administrative review and appeals

                     (including transfer of funds)

       For expenses necessary for the administration of pardon and 
     clemency petitions and immigration-related activities, 
     $426,791,000 of which $4,000,000 shall be derived by transfer 
     from the Executive Office for Immigration Review fees 
     deposited in the ``Immigration Examinations Fee'' account:  
     Provided, That of the amount available for the Executive 
     Office for Immigration Review, not to exceed $15,000,000 
     shall remain available until expended.

                      office of inspector general

       For necessary expenses of the Office of Inspector General, 
     $95,583,000, including not to exceed $10,000 to meet 
     unforeseen emergencies of a confidential character.

                    United States Parole Commission

                         salaries and expenses

       For necessary expenses of the United States Parole 
     Commission as authorized, $13,308,000.

                            Legal Activities

            salaries and expenses, general legal activities

       For expenses necessary for the legal activities of the 
     Department of Justice, not otherwise provided for, including 
     not to exceed $20,000 for expenses of collecting evidence, to 
     be expended under the direction of, and to be accounted for 
     solely under the certificate of, the Attorney General; and 
     rent of private or Government-owned space in the District of 
     Columbia, $893,000,000, of which not to exceed $20,000,000 
     for litigation support contracts shall remain available until 
     expended:  Provided, That of the amount provided for INTERPOL 
     Washington dues payments, not to exceed $685,000 shall remain 
     available until expended:  Provided further, That of the 
     total amount appropriated, not to exceed $9,000 shall be 
     available to INTERPOL Washington for official reception and 
     representation expenses:  Provided further, That 
     notwithstanding section 205 of this Act, upon a determination 
     by the Attorney General that emergent circumstances require 
     additional funding for litigation activities of the Civil 
     Division, the Attorney General may transfer such amounts to 
     ``Salaries and Expenses, General Legal Activities'' from 
     available appropriations for the current fiscal year for the 
     Department of Justice, as may be necessary to respond to such 
     circumstances:  Provided further, That any transfer pursuant 
     to the preceding proviso shall be treated as a reprogramming 
     under section 505 of this Act and shall not be available for 
     obligation or expenditure except in compliance with the 
     procedures set forth in that section:  Provided further, That 
     of the amount appropriated, such sums as may be necessary 
     shall be available to the Civil Rights Division for salaries 
     and expenses associated with the election monitoring program 
     under section 8 of the Voting Rights Act of 1965 (52 U.S.C. 
     10305) and to reimburse the Office of Personnel Management 
     for such salaries and expenses:  Provided further, That of 
     the amounts provided under this heading for the election 
     monitoring program, $3,390,000 shall remain available until 
     expended.

[[Page S3990]]

       In addition, for reimbursement of expenses of the 
     Department of Justice associated with processing cases under 
     the National Childhood Vaccine Injury Act of 1986, not to 
     exceed $9,358,000, to be appropriated from the Vaccine Injury 
     Compensation Trust Fund.

               salaries and expenses, antitrust division

       For expenses necessary for the enforcement of antitrust and 
     kindred laws, $164,977,000, to remain available until 
     expended:  Provided, That notwithstanding any other provision 
     of law, fees collected for premerger notification filings 
     under the Hart-Scott-Rodino Antitrust Improvements Act of 
     1976 (15 U.S.C. 18a), regardless of the year of collection 
     (and estimated to be $125,000,000 in fiscal year 2017), shall 
     be retained and used for necessary expenses in this 
     appropriation, and shall remain available until expended:  
     Provided further, That the sum herein appropriated from the 
     general fund shall be reduced as such offsetting collections 
     are received during fiscal year 2017, so as to result in a 
     final fiscal year 2016 appropriation from the general fund 
     estimated at $39,977,000.

             salaries and expenses, united states attorneys

       For necessary expenses of the Offices of the United States 
     Attorneys, including inter-governmental and cooperative 
     agreements, $2,030,000,000:  Provided, That of the total 
     amount appropriated, not to exceed $7,200 shall be available 
     for official reception and representation expenses:  Provided 
     further, That not to exceed $25,000,000 shall remain 
     available until expended:  Provided further, That each United 
     States Attorney shall establish or participate in a task 
     force on human trafficking.

                   united states trustee system fund

       For necessary expenses of the United States Trustee 
     Program, as authorized, $225,908,000, to remain available 
     until expended:  Provided, That, notwithstanding any other 
     provision of law, deposits to the United States Trustee 
     System Fund and amounts herein appropriated shall be 
     available in such amounts as may be necessary to pay refunds 
     due depositors:  Provided further, That, notwithstanding any 
     other provision of law, fees collected pursuant to section 
     589a(b) of title 28, United States Code, shall be retained 
     and used for necessary expenses in this appropriation and 
     shall remain available until expended:  Provided further, 
     That to the extent that fees collected in fiscal year 2017, 
     net of amounts necessary to pay refunds due depositors, 
     exceed $225,908,000, those excess amounts shall be available 
     in future fiscal years only to the extent provided in advance 
     in appropriations Acts:  Provided further, That the sum 
     herein appropriated from the general fund shall be reduced 
     (1) as such fees are received during fiscal year 2017, net of 
     amounts necessary to pay refunds due depositors, (estimated 
     at $163,000,000) and (2) to the extent that any remaining 
     general fund appropriations can be derived from amounts 
     deposited in the Fund in previous fiscal years that are not 
     otherwise appropriated, so as to result in a final fiscal 
     year 2017 appropriation from the general fund estimated at 
     $0.

      salaries and expenses, foreign claims settlement commission

       For expenses necessary to carry out the activities of the 
     Foreign Claims Settlement Commission, including services as 
     authorized by section 3109 of title 5, United States Code, 
     $2,374,000.

                     fees and expenses of witnesses

       For fees and expenses of witnesses, for expenses of 
     contracts for the procurement and supervision of expert 
     witnesses, for private counsel expenses, including advances, 
     and for expenses of foreign counsel, $270,000,000, to remain 
     available until expended, of which not to exceed $16,000,000 
     is for construction of buildings for protected witness 
     safesites; not to exceed $3,000,000 is for the purchase and 
     maintenance of armored and other vehicles for witness 
     security caravans; and not to exceed $13,000,000 is for the 
     purchase, installation, maintenance, and upgrade of secure 
     telecommunications equipment and a secure automated 
     information network to store and retrieve the identities and 
     locations of protected witnesses:  Provided, That amounts 
     made available under this heading may not be transferred 
     pursuant to section 205 of this Act.

           salaries and expenses, community relations service

                     (including transfer of funds)

       For necessary expenses of the Community Relations Service, 
     $14,446,000:  Provided, That notwithstanding section 205 of 
     this Act, upon a determination by the Attorney General that 
     emergent circumstances require additional funding for 
     conflict resolution and violence prevention activities of the 
     Community Relations Service, the Attorney General may 
     transfer such amounts to the Community Relations Service, 
     from available appropriations for the current fiscal year for 
     the Department of Justice, as may be necessary to respond to 
     such circumstances:  Provided further, That any transfer 
     pursuant to the preceding proviso shall be treated as a 
     reprogramming under section 505 of this Act and shall not be 
     available for obligation or expenditure except in compliance 
     with the procedures set forth in that section.

                         assets forfeiture fund

       For expenses authorized by subparagraphs (B), (F), and (G) 
     of section 524(c)(1) of title 28, United States Code, 
     $20,514,000, to be derived from the Department of Justice 
     Assets Forfeiture Fund.

                     United States Marshals Service

                         salaries and expenses

       For necessary expenses of the United States Marshals 
     Service, $1,249,040,000, of which not to exceed $6,000 shall 
     be available for official reception and representation 
     expenses, and not to exceed $15,000,000 shall remain 
     available until expended.

                              construction

       For construction in space controlled, occupied or utilized 
     by the United States Marshals Service for prisoner holding 
     and related support, $10,000,000, to remain available until 
     expended.

                       federal prisoner detention

                     (including transfer of funds)

       For necessary expenses related to United States prisoners 
     in the custody of the United States Marshals Service as 
     authorized by section 4013 of title 18, United States Code, 
     $1,454,414,000, to remain available until expended:  
     Provided, That not to exceed $20,000,000 shall be considered 
     ``funds appropriated for State and local law enforcement 
     assistance'' pursuant to section 4013(b) of title 18, United 
     States Code:  Provided further, That the United States 
     Marshals Service shall be responsible for managing the 
     Justice Prisoner and Alien Transportation System:  Provided 
     further, That any unobligated balances available from funds 
     appropriated under the heading ``General Administration, 
     Detention Trustee'' shall be transferred to and merged with 
     the appropriation under this heading.

                       National Security Division

                         salaries and expenses

                     (including transfer of funds)

       For expenses necessary to carry out the activities of the 
     National Security Division, $95,000,000, of which not to 
     exceed $5,000,000 for information technology systems shall 
     remain available until expended:  Provided, That 
     notwithstanding section 205 of this Act, upon a determination 
     by the Attorney General that emergent circumstances require 
     additional funding for the activities of the National 
     Security Division, the Attorney General may transfer such 
     amounts to this heading from available appropriations for the 
     current fiscal year for the Department of Justice, as may be 
     necessary to respond to such circumstances:  Provided 
     further, That any transfer pursuant to the preceding proviso 
     shall be treated as a reprogramming under section 505 of this 
     Act and shall not be available for obligation or expenditure 
     except in compliance with the procedures set forth in that 
     section.

                      Interagency Law Enforcement

                 interagency crime and drug enforcement

       For necessary expenses for the identification, 
     investigation, and prosecution of individuals associated with 
     the most significant drug trafficking organizations, 
     recognized transnational organized crime, and money 
     laundering organizations not otherwise provided for, to 
     include inter-governmental agreements with State and local 
     law enforcement agencies engaged in the investigation and 
     prosecution of individuals involved in recognized 
     transnational organized crime and drug trafficking, 
     $512,000,000, of which $50,000,000 shall remain available 
     until expended:  Provided, That any amounts obligated from 
     appropriations under this heading may be used under 
     authorities available to the organizations reimbursed from 
     this appropriation.

                    Federal Bureau of Investigation

                         salaries and expenses

       For necessary expenses of the Federal Bureau of 
     Investigation for detection, investigation, and prosecution 
     of crimes against the United States, $8,617,133,000, of which 
     not to exceed $216,900,000 shall remain available until 
     expended:  Provided, That not to exceed $184,500 shall be 
     available for official reception and representation expenses.

                              construction

       For necessary expenses, to include the cost of equipment, 
     furniture, and information technology requirements, related 
     to construction or acquisition of buildings, facilities and 
     sites by purchase, or as otherwise authorized by law; 
     conversion, modification and extension of federally owned 
     buildings; preliminary planning and design of projects; and 
     operation and maintenance of secure work environment 
     facilities and secure networking capabilities; $833,982,000, 
     to remain available until expended:  Provided, That 
     $646,000,000 shall be for the construction of the new Federal 
     Bureau of Investigation consolidated headquarters facility in 
     the National Capital Region.

                    Drug Enforcement Administration

                         salaries and expenses

       For necessary expenses of the Drug Enforcement 
     Administration, including not to exceed $70,000 to meet 
     unforeseen emergencies of a confidential character pursuant 
     to section 530C of title 28, United States Code; and expenses 
     for conducting drug education and training programs, 
     including travel and related expenses for participants in 
     such programs and the distribution of items of token value 
     that promote the goals of such programs, $2,102,976,000, of 
     which not to exceed $75,000,000 shall remain available until 
     expended and not to exceed $90,000 shall be available for 
     official reception and representation expenses.

[[Page S3991]]

  


          Bureau of Alcohol, Tobacco, Firearms and Explosives

                         salaries and expenses

       For necessary expenses of the Bureau of Alcohol, Tobacco, 
     Firearms and Explosives, for training of State and local law 
     enforcement agencies with or without reimbursement, including 
     training in connection with the training and acquisition of 
     canines for explosives and fire accelerants detection; and 
     for provision of laboratory assistance to State and local law 
     enforcement agencies, with or without reimbursement, 
     $1,258,600,000, of which not to exceed $36,000 shall be for 
     official reception and representation expenses, not to exceed 
     $1,000,000 shall be available for the payment of attorneys' 
     fees as provided by section 924(d)(2) of title 18, United 
     States Code, and not to exceed $20,000,000 shall remain 
     available until expended:  Provided, That none of the funds 
     appropriated herein shall be available to investigate or act 
     upon applications for relief from Federal firearms 
     disabilities under section 925(c) of title 18, United States 
     Code:  Provided further, That such funds shall be available 
     to investigate and act upon applications filed by 
     corporations for relief from Federal firearms disabilities 
     under section 925(c) of title 18, United States Code:  
     Provided further, That no funds made available by this or any 
     other Act may be used to transfer the functions, missions, or 
     activities of the Bureau of Alcohol, Tobacco, Firearms and 
     Explosives to other agencies or Departments.

                         Federal Prison System

                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses of the Federal Prison System for the 
     administration, operation, and maintenance of Federal penal 
     and correctional institutions, and for the provision of 
     technical assistance and advice on corrections related issues 
     to foreign governments, $6,978,500,000:  Provided, That the 
     Attorney General may transfer to the Department of Health and 
     Human Services such amounts as may be necessary for direct 
     expenditures by that Department for medical relief for 
     inmates of Federal penal and correctional institutions:  
     Provided further, That the Director of the Federal Prison 
     System, where necessary, may enter into contracts with a 
     fiscal agent or fiscal intermediary claims processor to 
     determine the amounts payable to persons who, on behalf of 
     the Federal Prison System, furnish health services to 
     individuals committed to the custody of the Federal Prison 
     System:  Provided further, That not to exceed $5,400 shall be 
     available for official reception and representation expenses: 
      Provided further, That not to exceed $50,000,000 shall 
     remain available for necessary operations until September 30, 
     2018:  Provided further, That, of the amounts provided for 
     contract confinement, not to exceed $20,000,000 shall remain 
     available until expended to make payments in advance for 
     grants, contracts and reimbursable agreements, and other 
     expenses:  Provided further, That the Director of the Federal 
     Prison System may accept donated property and services 
     relating to the operation of the prison card program from a 
     not-for-profit entity which has operated such program in the 
     past, notwithstanding the fact that such not-for-profit 
     entity furnishes services under contracts to the Federal 
     Prison System relating to the operation of pre-release 
     services, halfway houses, or other custodial facilities.

                        buildings and facilities

       For planning, acquisition of sites and construction of new 
     facilities; purchase and acquisition of facilities and 
     remodeling, and equipping of such facilities for penal and 
     correctional use, including all necessary expenses incident 
     thereto, by contract or force account; and constructing, 
     remodeling, and equipping necessary buildings and facilities 
     at existing penal and correctional institutions, including 
     all necessary expenses incident thereto, by contract or force 
     account, $113,022,000, to remain available until expended, of 
     which not less than $99,022,000 shall be available only for 
     modernization, maintenance, and repair, and of which not to 
     exceed $14,000,000 shall be available to construct areas for 
     inmate work programs:  Provided, That labor of United States 
     prisoners may be used for work performed under this 
     appropriation.

                federal prison industries, incorporated

       The Federal Prison Industries, Incorporated, is hereby 
     authorized to make such expenditures within the limits of 
     funds and borrowing authority available, and in accord with 
     the law, and to make such contracts and commitments without 
     regard to fiscal year limitations as provided by section 9104 
     of title 31, United States Code, as may be necessary in 
     carrying out the program set forth in the budget for the 
     current fiscal year for such corporation.

   limitation on administrative expenses, federal prison industries, 
                              incorporated

       Not to exceed $2,700,000 of the funds of the Federal Prison 
     Industries, Incorporated, shall be available for its 
     administrative expenses, and for services as authorized by 
     section 3109 of title 5, United States Code, to be computed 
     on an accrual basis to be determined in accordance with the 
     corporation's current prescribed accounting system, and such 
     amounts shall be exclusive of depreciation, payment of 
     claims, and expenditures which such accounting system 
     requires to be capitalized or charged to cost of commodities 
     acquired or produced, including selling and shipping 
     expenses, and expenses in connection with acquisition, 
     construction, operation, maintenance, improvement, 
     protection, or disposition of facilities and other property 
     belonging to the corporation or in which it has an interest.

               State and Local Law Enforcement Activities

                    Office on Violence Against Women

       violence against women prevention and prosecution programs

       For grants, contracts, cooperative agreements, and other 
     assistance for the prevention and prosecution of violence 
     against women, as authorized by the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) (``the 1968 
     Act''); the Violent Crime Control and Law Enforcement Act of 
     1994 (Public Law 103-322) (``the 1994 Act''); the Victims of 
     Child Abuse Act of 1990 (Public Law 101-647) (``the 1990 
     Act''); the Prosecutorial Remedies and Other Tools to end the 
     Exploitation of Children Today Act of 2003 (Public Law 108-
     21); the Juvenile Justice and Delinquency Prevention Act of 
     1974 (42 U.S.C. 5601 et seq.) (``the 1974 Act''); the Victims 
     of Trafficking and Violence Protection Act of 2000 (Public 
     Law 106-386) (``the 2000 Act''); the Violence Against Women 
     and Department of Justice Reauthorization Act of 2005 (Public 
     Law 109-162) (``the 2005 Act''); the Violence Against Women 
     Reauthorization Act of 2013 (Public Law 113-4) (``the 2013 
     Act''); and the Rape Survivor Child Custody Act of 2015 
     (Public Law 114-22) (``the 2015 Act''); and for related 
     victims services, $481,500,000, to remain available until 
     expended, of which $379,000,000 shall be derived by transfer 
     from amounts available for obligation in this Act from the 
     Fund established by section 1402 of chapter XIV of title II 
     of Public Law 98-473 (42 U.S.C. 10601), notwithstanding 
     section 1402(d) of such Act of 1984, and merged with the 
     amounts otherwise made available under this heading:  
     Provided, That except as otherwise provided by law, not to 
     exceed 5 percent of funds made available under this heading 
     may be used for expenses related to evaluation, training, and 
     technical assistance:  Provided further, That of the amount 
     provided--
       (1) $215,000,000 is for grants to combat violence against 
     women, as authorized by part T of the 1968 Act (except that 
     section 8(e) of Public Law 108-79 (42 U.S.C. 15607(e)) shall 
     not apply for purposes of this Act);
       (2) $30,000,000 is for transitional housing assistance 
     grants for victims of domestic violence, dating violence, 
     stalking, or sexual assault as authorized by section 40299 of 
     the 1994 Act;
       (3) $3,000,000 is for the National Institute of Justice for 
     research and evaluation of violence against women and related 
     issues addressed by grant programs of the Office on Violence 
     Against Women, which shall be transferred to ``Research, 
     Evaluation and Statistics'' for administration by the Office 
     of Justice Programs;
       (4) $11,000,000 is for a grant program to provide services 
     to advocate for and respond to youth victims of domestic 
     violence, dating violence, sexual assault, and stalking; 
     assistance to children and youth exposed to such violence; 
     programs to engage men and youth in preventing such violence; 
     and assistance to middle and high school students through 
     education and other services related to such violence:  
     Provided, That unobligated balances available for the 
     programs authorized by sections 41201, 41204, 41303, and 
     41305 of the 1994 Act, prior to its amendment by the 2013 
     Act, shall be available for this program:  Provided further, 
     That 10 percent of the total amount available for this grant 
     program shall be available for grants under the program 
     authorized by section 2015 of the 1968 Act:  Provided 
     further, That the definitions and grant conditions in section 
     40002 of the 1994 Act shall apply to this program;
       (5) $53,000,000 is for grants to encourage arrest policies 
     as authorized by part U of the 1968 Act, of which $4,000,000 
     is for a homicide reduction initiative and $4,000,000 is for 
     a domestic violence firearm lethality reduction initiative;
       (6) $35,000,000 is for sexual assault victims assistance, 
     as authorized by section 41601 of the 1994 Act;
       (7) $35,000,000 is for rural domestic violence and child 
     abuse enforcement assistance grants, as authorized by section 
     40295 of the 1994 Act;
       (8) $20,000,000 is for grants to reduce violent crimes 
     against women on campus, as authorized by section 304 of the 
     2005 Act;
       (9) $45,000,000 is for legal assistance for victims, as 
     authorized by section 1201 of the 2000 Act;
       (10) $5,000,000 is for enhanced training and services to 
     end violence against and abuse of women in later life, as 
     authorized by section 40802 of the 1994 Act;
       (11) $16,000,000 is for grants to support families in the 
     justice system, as authorized by section 1301 of the 2000 
     Act:  Provided, That unobligated balances available for the 
     programs authorized by section 1301 of the 2000 Act and 
     section 41002 of the 1994 Act, prior to their amendment by 
     the 2013 Act, shall be available for this program;
       (12) $6,000,000 is for education and training to end 
     violence against and abuse of women with disabilities, as 
     authorized by section 1402 of the 2000 Act;
       (13) $500,000 is for the National Resource Center on 
     Workplace Responses to assist victims of domestic violence, 
     as authorized by section 41501 of the 1994 Act;
       (14) $1,000,000 is for analysis and research on violence 
     against Indian women, including

[[Page S3992]]

     as authorized by section 904 of the 2005 Act:  Provided, That 
     such funds may be transferred to ``Research, Evaluation and 
     Statistics'' for administration by the Office of Justice 
     Programs;
       (15) $500,000 is for a national clearinghouse that provides 
     training and technical assistance on issues relating to 
     sexual assault of American Indian and Alaska Native women;
       (16) $4,000,000 is for grants to assist tribal governments 
     in exercising special domestic violence criminal 
     jurisdiction, as authorized by section 904 of the 2013 Act:  
     Provided, That the grant conditions in section 40002(b) of 
     the 1994 Act shall apply to this program; and
       (17) $1,500,000 for the purposes authorized under the 2015 
     Act.

                       Office of Justice Programs

                  research, evaluation and statistics

                     (including transfer of funds)

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (``the 1968 Act''); the Juvenile 
     Justice and Delinquency Prevention Act of 1974 (``the 1974 
     Act''); the Missing Children's Assistance Act (42 U.S.C. 5771 
     et seq.); the Prosecutorial Remedies and Other Tools to end 
     the Exploitation of Children Today Act of 2003 (Public Law 
     108-21); the Justice for All Act of 2004 (Public Law 108-
     405); the Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 
     Act''); the Victims of Child Abuse Act of 1990 (Public Law 
     101-647); the Second Chance Act of 2007 (Public Law 110-199); 
     the Victims of Crime Act of 1984 (Public Law 98-473); the 
     Adam Walsh Child Protection and Safety Act of 2006 (Public 
     Law 109-248) (``the Adam Walsh Act''); the PROTECT Our 
     Children Act of 2008 (Public Law 110-401); subtitle D of 
     title II of the Homeland Security Act of 2002 (Public Law 
     107-296) (``the 2002 Act''); the NICS Improvement Amendments 
     Act of 2007 (Public Law 110-180); the Violence Against Women 
     Reauthorization Act of 2013 (Public Law 113-4) (``the 2013 
     Act''); and other programs, $118,000,000, to remain available 
     until expended, of which--
       (1) $41,000,000 is for criminal justice statistics 
     programs, and other activities, as authorized by part C of 
     title I of the 1968 Act;
       (2) $36,000,000 is for research, development, and 
     evaluation programs, and other activities as authorized by 
     part B of title I of the 1968 Act and subtitle D of title II 
     of the 2002 Act;
       (3) $36,000,000 is for regional information sharing 
     activities, as authorized by part M of title I of the 1968 
     Act; and
       (4) $5,000,000 is for activities to strengthen and enhance 
     the practice of forensic sciences, of which $4,000,000 is for 
     transfer to the National Institute of Standards and 
     Technology to support Scientific Area Committees.

               state and local law enforcement assistance

                     (including transfer of funds)

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by the Violent Crime Control and Law 
     Enforcement Act of 1994 (Public Law 103-322) (``the 1994 
     Act''); the Omnibus Crime Control and Safe Streets Act of 
     1968 (``the 1968 Act''); the Justice for All Act of 2004 
     (Public Law 108-405); the Victims of Child Abuse Act of 1990 
     (Public Law 101-647) (``the 1990 Act''); the Trafficking 
     Victims Protection Reauthorization Act of 2005 (Public Law 
     109-164); the Violence Against Women and Department of 
     Justice Reauthorization Act of 2005 (Public Law 109-162) 
     (``the 2005 Act''); the Adam Walsh Child Protection and 
     Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh 
     Act''); the Victims of Trafficking and Violence Protection 
     Act of 2000 (Public Law 106-386); the NICS Improvement 
     Amendments Act of 2007 (Public Law 110-180); subtitle D of 
     title II of the Homeland Security Act of 2002 (Public Law 
     107-296) (``the 2002 Act''); the Second Chance Act of 2007 
     (Public Law 110-199); the Prioritizing Resources and 
     Organization for Intellectual Property Act of 2008 (Public 
     Law 110-403); the Victims of Crime Act of 1984 (Public Law 
     98-473); the Mentally Ill Offender Treatment and Crime 
     Reduction Reauthorization and Improvement Act of 2008 (Public 
     Law 110-416); the Violence Against Women Reauthorization Act 
     of 2013 (Public Law 113-4) (``the 2013 Act''); and other 
     programs, $1,183,649,000, to remain available until expended 
     as follows--
       (1) $384,000,000 for the Edward Byrne Memorial Justice 
     Assistance Grant program as authorized by subpart 1 of part E 
     of title I of the 1968 Act (except that section 1001(c), and 
     the special rules for Puerto Rico under section 505(g) of 
     title I of the 1968 Act shall not apply for purposes of this 
     Act), of which, notwithstanding such subpart 1, $15,000,000 
     is for an Officer Robert Wilson III memorial initiative on 
     Preventing Violence Against Law Enforcement Officer 
     Resilience and Survivability (VALOR), $10,000,000 is for an 
     initiative to support evidence-based policing, $2,500,000 is 
     for an initiative to enhance prosecutorial decision-making, 
     $1,000,000 is for competitive grants to distribute firearm 
     safety materials and gun locks, $2,400,000 is for the 
     operationalization, maintenance and expansion of the National 
     Missing and Unidentified Persons System, and $5,000,000 is 
     for a national training initiative to improve police-based 
     responses to people with mental illness or developmental 
     disabilities;
       (2) $100,000,000 for the State Criminal Alien Assistance 
     Program, as authorized by section 241(i)(5) of the 
     Immigration and Nationality Act (8 U.S.C. 1231(i)(5)):  
     Provided, That no jurisdiction shall request compensation for 
     any cost greater than the actual cost for Federal immigration 
     and other detainees housed in State and local detention 
     facilities;
       (3) $47,649,000 for victim services programs for victims of 
     trafficking, as authorized by section 107(b)(2) of Public Law 
     106-386, for programs authorized under Public Law 109-164, or 
     programs authorized under Public Law 113-4;
       (4) $43,000,000 for Drug Courts, as authorized by section 
     1001(a)(25)(A) of title I of the 1968 Act;
       (5) $11,000,000 for mental health courts and adult and 
     juvenile collaboration program grants, as authorized by parts 
     V and HH of title I of the 1968 Act, and the Mentally Ill 
     Offender Treatment and Crime Reduction Reauthorization and 
     Improvement Act of 2008 (Public Law 110-416);
       (6) $14,000,000 for grants for Residential Substance Abuse 
     Treatment for State Prisoners, as authorized by part S of 
     title I of the 1968 Act;
       (7) $2,500,000 for the Capital Litigation Improvement Grant 
     Program, as authorized by section 426 of Public Law 108-405, 
     and for grants for wrongful conviction review;
       (8) $14,000,000 for economic, high technology and Internet 
     crime prevention grants, including as authorized by section 
     401 of Public Law 110-403;
       (9) $2,000,000 for a student loan repayment assistance 
     program pursuant to section 952 of Public Law 110-315;
       (10) $20,000,000 for sex offender management assistance, as 
     authorized by the Adam Walsh Act, and related activities;
       (11) $8,000,000 for an initiative relating to children 
     exposed to violence;
       (12) $22,500,000 for the matching grant program for law 
     enforcement armor vests, as authorized by section 2501 of 
     title I of the 1968 Act:  Provided, That $1,500,000 is 
     transferred directly to the National Institute of Standards 
     and Technology's Office of Law Enforcement Standards for 
     research, testing and evaluation programs;
       (13) $1,000,000 for the National Sex Offender Public 
     Website;
       (14) $6,500,000 for competitive and evidence-based programs 
     to reduce gun crime and gang violence;
       (15) $75,000,000 for grants to States to upgrade criminal 
     and mental health records for the National Instant Criminal 
     Background Check System, of which no less than $25,000,000 
     shall be for grants made under the authorities of the NICS 
     Improvement Amendments Act of 2007 (Public Law 110-180);
       (16) $13,500,000 for Paul Coverdell Forensic Sciences 
     Improvement Grants under part BB of title I of the 1968 Act;
       (17) $125,000,000 is for a DNA analysis and capacity 
     enhancement program and for other local, State, and federal 
     forensic activities for the purposes described in section 2 
     of Public Law 106-546 as amended (the Debbie Smith DNA 
     Backlog Grant Program) of which--
       (A) $117,000,000 is for grants to crime laboratories for 
     purposes under 42 USC 14135, section (a). Other funds under 
     this section may be used to support training programs that 
     are specific to the needs of DNA laboratory personnel and for 
     programs outlined in sections 303, 304, 305, and 308 of 
     Public Law 108-405, as amended;
       (B) $4,000,000 is for the Kirk Bloodsworth Post-Conviction 
     DNA Testing Program as authorized by section 412 and 413 of 
     Public Law 108-405; and
       (C) $4,000,000 is for Sexual Assault Forensic Exam Program 
     Grants as authorized by section 304 of Public Law 108-405, as 
     amended.
       (18) $45,000,000 for a grant program for community-based 
     sexual assault response reform;
       (19) $9,000,000 for the court-appointed special advocate 
     program, as authorized by section 217 of the 1990 Act;
       (20) $75,000,000 for offender reentry programs and 
     research, as authorized by the Second Chance Act of 2007 
     (Public Law 110-199), without regard to the time limitations 
     specified at section 6(1) of such Act, of which not to exceed 
     $6,000,000 is for a program to improve State, local, and 
     tribal probation or parole supervision efforts and 
     strategies, $5,000,000 is for Children of Incarcerated 
     Parents Demonstrations to enhance and maintain parental and 
     family relationships for incarcerated parents as a reentry or 
     recidivism reduction strategy, and $4,000,000 is for 
     additional replication sites employing the Project HOPE 
     Opportunity Probation with Enforcement model implementing 
     swift and certain sanctions in probation, and for a research 
     project on the effectiveness of the model:  Provided, That up 
     to $7,500,000 of funds made available in this paragraph may 
     be used for performance-based awards for Pay for Success 
     projects, of which up to $5,000,000 shall be for Pay for 
     Success programs implementing the Permanent Supportive 
     Housing Model;
       (21) $6,000,000 for a veterans treatment courts program;
       (22) $14,000,000 for a program to monitor prescription 
     drugs and scheduled listed chemical products;
       (23) $75,000,000 for the Comprehensive School Safety 
     Initiative:  Provided, That section 213 of this Act shall not 
     apply with respect to the amount made available in this 
     paragraph; and
       (24) $70,000,000 for initiatives to improve police-
     community relations, of which $22,500,000 is for a 
     competitive matching

[[Page S3993]]

     grant program for purchases of body-worn cameras for State, 
     local and tribal law enforcement, $25,000,000 is for a 
     justice reinvestment initiative, for activities related to 
     criminal justice reform and recidivism reduction, $17,500,000 
     is for an Edward Byrne Memorial criminal justice innovation 
     program, and $5,000,000 is for a nationwide incident-based 
     crime statistics program:

       Provided, That, if a unit of local government uses any of 
     the funds made available under this heading to increase the 
     number of law enforcement officers, the unit of local 
     government will achieve a net gain in the number of law 
     enforcement officers who perform non-administrative public 
     sector safety service.

                       juvenile justice programs

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (``the 1974 Act''); the Omnibus Crime 
     Control and Safe Streets Act of 1968 (``the 1968 Act''); the 
     Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 
     Act''); the Missing Children's Assistance Act (42 U.S.C. 5771 
     et seq.); the Prosecutorial Remedies and Other Tools to end 
     the Exploitation of Children Today Act of 2003 (Public Law 
     108-21); the Victims of Child Abuse Act of 1990 (Public Law 
     101-647) (``the 1990 Act''); the Adam Walsh Child Protection 
     and Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh 
     Act''); the PROTECT Our Children Act of 2008 (Public Law 110-
     401); the Violence Against Women Reauthorization Act of 2013 
     (Public Law 113-4) (``the 2013 Act''); and other juvenile 
     justice programs, $272,000,000, to remain available until 
     expended as follows--
       (1) $63,000,000 for programs authorized by section 221 of 
     the 1974 Act, and for training and technical assistance to 
     assist small, nonprofit organizations with the Federal grants 
     process:  Provided, That of the amounts provided under this 
     paragraph, $500,000 shall be for a competitive demonstration 
     grant program to support emergency planning among State, 
     local and tribal juvenile justice residential facilities;
       (2) $75,000,000 for youth mentoring grants;
       (3) $27,500,000 for delinquency prevention, as authorized 
     by section 505 of the 1974 Act, of which, pursuant to 
     sections 261 and 262 thereof--
       (A) $10,000,000 shall be for the Tribal Youth Program;
       (B) $5,000,000 shall be for gang and youth violence 
     education, prevention and intervention, and related 
     activities;
       (C) $500,000 shall be for an Internet site providing 
     information and resources on children of incarcerated 
     parents; and
       (D) $2,000,000 shall be for competitive grants focusing on 
     girls in the juvenile justice system;
       (4) $21,000,000 for programs authorized by the Victims of 
     Child Abuse Act of 1990;
       (5) $8,000,000 for community-based violence prevention 
     initiatives, including for public health approaches to 
     reducing shootings and violence;
       (6) $73,000,000 for missing and exploited children 
     programs, including as authorized by sections 404(b) and 
     405(a) of the 1974 Act (except that section 102(b)(4)(B) of 
     the PROTECT Our Children Act of 2008 (Public Law 110-401) 
     shall not apply for purposes of this Act);
       (7) $2,000,000 for child abuse training programs for 
     judicial personnel and practitioners, as authorized by 
     section 222 of the 1990 Act; and
       (8) $2,500,000 for a program to improve juvenile indigent 
     defense:

       Provided, That not more than 10 percent of each amount may 
     be used for research, evaluation, and statistics activities 
     designed to benefit the programs or activities authorized:  
     Provided further, That not more than 2 percent of the amounts 
     designated under paragraphs (1) through (4) and (7) may be 
     used for training and technical assistance:  Provided 
     further, That the two preceding provisos shall not apply to 
     grants and projects administered pursuant to sections 261 and 
     262 of the 1974 Act and to missing and exploited children 
     programs.

                     public safety officer benefits

                     (including transfer of funds)

       For payments and expenses authorized under section 
     1001(a)(4) of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968, such sums as are necessary (including 
     amounts for administrative costs), to remain available until 
     expended; and $16,300,000 for payments authorized by section 
     1201(b) of such Act and for educational assistance authorized 
     by section 1218 of such Act, to remain available until 
     expended:  Provided, That notwithstanding section 205 of this 
     Act, upon a determination by the Attorney General that 
     emergent circumstances require additional funding for such 
     disability and education payments, the Attorney General may 
     transfer such amounts to ``Public Safety Officer Benefits'' 
     from available appropriations for the Department of Justice 
     as may be necessary to respond to such circumstances:  
     Provided further, That any transfer pursuant to the preceding 
     proviso shall be treated as a reprogramming under section 505 
     of this Act and shall not be available for obligation or 
     expenditure except in compliance with the procedures set 
     forth in that section.

                  Community Oriented Policing Services

             community oriented policing services programs

                     (including transfer of funds)

       For activities authorized by the Violent Crime Control and 
     Law Enforcement Act of 1994 (Public Law 103-322); the Omnibus 
     Crime Control and Safe Streets Act of 1968 (``the 1968 
     Act''); and the Violence Against Women and Department of 
     Justice Reauthorization Act of 2005 (Public Law 109-162) 
     (``the 2005 Act''), $215,000,000, to remain available until 
     expended:  Provided, That any balances made available through 
     prior year deobligations shall only be available in 
     accordance with section 505 of this Act:  Provided further, 
     That of the amount provided under this heading--
       (1) $11,000,000 is for anti-methamphetamine-related 
     activities, which shall be transferred to the Drug 
     Enforcement Administration upon enactment of this Act;
       (2) $187,000,000 is for grants under section 1701 of title 
     I of the 1968 Act (42 U.S.C. 3796dd) for the hiring and 
     rehiring of additional career law enforcement officers under 
     part Q of such title notwithstanding subsection (i) of such 
     section:  Provided, That, notwithstanding section 1704(c) of 
     such title (42 U.S.C. 3796dd-3(c)), funding for hiring or 
     rehiring a career law enforcement officer may not exceed 
     $125,000 unless the Director of the Office of Community 
     Oriented Policing Services grants a waiver from this 
     limitation:  Provided further, That within the amounts 
     appropriated under this paragraph, $30,000,000 is for 
     improving tribal law enforcement, including hiring, 
     equipment, training, and anti-methamphetamine activities:  
     Provided further, That of the amounts appropriated under this 
     paragraph, $10,000,000 is for community policing development 
     activities in furtherance of the purposes in section 1701:  
     Provided further, That within the amounts appropriated under 
     this paragraph, $10,000,000 is for the collaborative reform 
     model of technical assistance in furtherance of the purposes 
     in section 1701;
       (3) $7,000,000 is for competitive grants to State law 
     enforcement agencies in States with high seizures of 
     precursor chemicals, finished methamphetamine, laboratories, 
     and laboratory dump seizures:  Provided, That funds 
     appropriated under this paragraph shall be utilized for 
     investigative purposes to locate or investigate illicit 
     activities, including precursor diversion, laboratories, or 
     methamphetamine traffickers; and
       (4) $10,000,000 is for competitive grants to statewide law 
     enforcement agencies in States with high rates of primary 
     treatment admissions for heroin and other opioids:  Provided, 
     That these funds shall be utilized for investigative purposes 
     to locate or investigate illicit activities, including 
     activities related to the distribution of heroin or unlawful 
     distribution of prescription opioids, or unlawful heroin and 
     prescription opioid traffickers through statewide 
     collaboration.

               General Provisions--Department of Justice

                     (including transfer of funds)

       Sec. 201.  In addition to amounts otherwise made available 
     in this title for official reception and representation 
     expenses, a total of not to exceed $50,000 from funds 
     appropriated to the Department of Justice in this title shall 
     be available to the Attorney General for official reception 
     and representation expenses.
       Sec. 202.  None of the funds appropriated by this title 
     shall be available to pay for an abortion, except where the 
     life of the mother would be endangered if the fetus were 
     carried to term, or in the case of rape or incest:  Provided, 
     That should this prohibition be declared unconstitutional by 
     a court of competent jurisdiction, this section shall be null 
     and void.
       Sec. 203.  None of the funds appropriated under this title 
     shall be used to require any person to perform, or facilitate 
     in any way the performance of, any abortion.
       Sec. 204.  Nothing in the preceding section shall remove 
     the obligation of the Director of the Bureau of Prisons to 
     provide escort services necessary for a female inmate to 
     receive such service outside the Federal facility:  Provided, 
     That nothing in this section in any way diminishes the effect 
     of section 203 intended to address the philosophical beliefs 
     of individual employees of the Bureau of Prisons.
       Sec. 205.  Not to exceed 5 percent of any appropriation 
     made available for the current fiscal year for the Department 
     of Justice in this Act may be transferred between such 
     appropriations, but no such appropriation, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by any such transfers:  Provided, That any 
     transfer pursuant to this section shall be treated as a 
     reprogramming of funds under section 505 of this Act and 
     shall not be available for obligation except in compliance 
     with the procedures set forth in that section.
       Sec. 206.  None of the funds made available under this 
     title may be used by the Federal Bureau of Prisons or the 
     United States Marshals Service for the purpose of 
     transporting an individual who is a prisoner pursuant to 
     conviction for crime under State or Federal law and is 
     classified as a maximum or high security prisoner, other than 
     to a prison or other facility certified by the Federal Bureau 
     of Prisons as appropriately secure for housing such a 
     prisoner.
       Sec. 207. (a) None of the funds appropriated by this Act 
     may be used by Federal prisons to purchase cable television 
     services, or to rent or purchase audiovisual or electronic 
     media or equipment used primarily for recreational purposes.
       (b) Subsection (a) does not preclude the rental, 
     maintenance, or purchase of audiovisual or electronic media 
     or equipment for

[[Page S3994]]

     inmate training, religious, or educational programs.
       Sec. 208.  None of the funds made available under this 
     title shall be obligated or expended for any new or enhanced 
     information technology program having total estimated 
     development costs in excess of $100,000,000, unless the 
     Deputy Attorney General and the investment review board 
     certify to the Committees on Appropriations of the House of 
     Representatives and the Senate that the information 
     technology program has appropriate program management 
     controls and contractor oversight mechanisms in place, and 
     that the program is compatible with the enterprise 
     architecture of the Department of Justice.
       Sec. 209.  The notification thresholds and procedures set 
     forth in section 505 of this Act shall apply to deviations 
     from the amounts designated for specific activities in this 
     Act and in the report accompanying this Act, and to any use 
     of deobligated balances of funds provided under this title in 
     previous years.
       Sec. 210.  None of the funds appropriated by this Act may 
     be used to plan for, begin, continue, finish, process, or 
     approve a public-private competition under the Office of 
     Management and Budget Circular A-76 or any successor 
     administrative regulation, directive, or policy for work 
     performed by employees of the Bureau of Prisons or of Federal 
     Prison Industries, Incorporated.
       Sec. 211.  Notwithstanding any other provision of law, no 
     funds shall be available for the salary, benefits, or 
     expenses of any United States Attorney assigned dual or 
     additional responsibilities by the Attorney General or his 
     designee that exempt that United States Attorney from the 
     residency requirements of section 545 of title 28, United 
     States Code.
       Sec. 212.  At the discretion of the Attorney General, and 
     in addition to any amounts that otherwise may be available 
     (or authorized to be made available) by law, with respect to 
     funds appropriated by this title under the headings 
     ``Research, Evaluation and Statistics'', ``State and Local 
     Law Enforcement Assistance'', and ``Juvenile Justice 
     Programs''--
       (1) up to 3 percent of funds made available to the Office 
     of Justice Programs for grant or reimbursement programs may 
     be used by such Office to provide training and technical 
     assistance;
       (2) up to 2 percent of funds made available for grant or 
     reimbursement programs under such headings, except for 
     amounts appropriated specifically for research, evaluation, 
     or statistical programs administered by the National 
     Institute of Justice and the Bureau of Justice Statistics, 
     shall be transferred to and merged with funds provided to the 
     National Institute of Justice and the Bureau of Justice 
     Statistics, to be used by them for research, evaluation, or 
     statistical purposes, without regard to the authorizations 
     for such grant or reimbursement programs; and
       (3) up to 7 percent of funds made available for grant or 
     reimbursement programs:
       (A) under the heading ``State and Local Law Enforcement 
     Assistance''; or
       (B) under the headings ``Research, Evaluation, and 
     Statistics'' and ``Juvenile Justice Programs'', to be 
     transferred to and merged with funds made available under the 
     heading ``State and Local Law Enforcement Assistance'', shall 
     be available for tribal criminal justice assistance without 
     regard to the authorizations for such grant or reimbursement 
     programs.
       Sec. 213.  Upon request by a grantee for whom the Attorney 
     General has determined there is a fiscal hardship, the 
     Attorney General may, with respect to funds appropriated in 
     this or any other Act making appropriations for fiscal years 
     2014 through 2017 for the following programs, waive the 
     following requirements:
       (1) For the adult and juvenile offender State and local 
     reentry demonstration projects under part FF of title I of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3797w(g)(1)), the requirements under section 
     2976(g)(1) of such part.
       (2) For State, Tribal, and local reentry courts under part 
     FF of title I of such Act of 1968 (42 U.S.C. 3797w-2(e)(1) 
     and (2)), the requirements under section 2978(e)(1) and (2) 
     of such part.
       (3) For the prosecution drug treatment alternatives to 
     prison program under part CC of title I of such Act of 1968 
     (42 U.S.C. 3797q-3), the requirements under section 2904 of 
     such part.
       (4) For grants to protect inmates and safeguard communities 
     as authorized by section 6 of the Prison Rape Elimination Act 
     of 2003 (42 U.S.C. 15605(c)(3)), the requirements of section 
     6(c)(3) of such Act.
       Sec. 214.  Notwithstanding any other provision of law, 
     section 20109(a) of subtitle A of title II of the Violent 
     Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
     13709(a)) shall not apply to amounts made available by this 
     or any other Act.
       Sec. 215.  None of the funds made available under this Act, 
     other than for the national instant criminal background check 
     system established under section 103 of the Brady Handgun 
     Violence Prevention Act (18 U.S.C. 922 note), may be used by 
     a Federal law enforcement officer to facilitate the transfer 
     of an operable firearm to an individual if the Federal law 
     enforcement officer knows or suspects that the individual is 
     an agent of a drug cartel, unless law enforcement personnel 
     of the United States continuously monitor or control the 
     firearm at all times.
       Sec. 216.  Discretionary funds that are made available in 
     this Act for the Office of Justice Programs may be used to 
     participate in Performance Partnership Pilots authorized 
     under section 526 of division H of Public Law 113-76, section 
     524 of division G of Public Law 113-235, section 525 of 
     division H of Public Law 114-113, and such authorities as are 
     enacted for Performance Partnership Pilots in an 
     appropriations Act for fiscal year 2017.
       Sec. 217.  In addition to any other transfer authority 
     available to the Department of Justice, for fiscal years 2017 
     through 2022, unobligated balances available in the 
     Department of Justice Working Capital Fund pursuant to title 
     I of Public Law 102-140 (105 Stat. 784; 28 U.S.C. 527 note) 
     may be transferred to the ``Federal Bureau of Investigation, 
     Construction'' account, to remain available until expended 
     for the construction of the new Federal Bureau of 
     Investigation headquarters in the National Capital Region:  
     Provided, That the cumulative total amount of funds 
     transferred from the Working Capital Fund from fiscal year 
     2017 through 2022 pursuant to this section shall not exceed 
     $315,000,000:  Provided further, That transfers pursuant to 
     this section shall not count against any ceiling on the use 
     of unobligated balances transferred to the capital account of 
     the Working Capital Fund in this or any other Act in any such 
     fiscal year.
       This title may be cited as the ``Department of Justice 
     Appropriations Act, 2017''.

                               TITLE III

                                SCIENCE

                Office of Science and Technology Policy

       For necessary expenses of the Office of Science and 
     Technology Policy, in carrying out the purposes of the 
     National Science and Technology Policy, Organization, and 
     Priorities Act of 1976 (42 U.S.C. 6601 et seq.), hire of 
     passenger motor vehicles, and services as authorized by 
     section 3109 of title 5, United States Code, not to exceed 
     $2,250 for official reception and representation expenses, 
     and rental of conference rooms in the District of Columbia, 
     $5,555,000.

             National Aeronautics and Space Administration

                                science

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of science research and development 
     activities, including research, development, operations, 
     support, and services; maintenance and repair, facility 
     planning and design; space flight, spacecraft control, and 
     communications activities; program management; personnel and 
     related costs, including uniforms or allowances therefor, as 
     authorized by sections 5901 and 5902 of title 5, United 
     States Code; travel expenses; purchase and hire of passenger 
     motor vehicles; and purchase, lease, charter, maintenance, 
     and operation of mission and administrative aircraft, 
     $5,395,000,000, to remain available until September 30, 2018: 
      Provided, That the formulation and development costs (with 
     development cost as defined under section 30104 of title 51, 
     United States Code) for the James Webb Space Telescope shall 
     not exceed $8,000,000,000:  Provided further, That should the 
     individual identified under subsection (c)(2)(E) of section 
     30104 of title 51, United States Code, as responsible for the 
     James Webb Space Telescope determine that the development 
     cost of the program is likely to exceed that limitation, the 
     individual shall immediately notify the Administrator and the 
     increase shall be treated as if it meets the 30 percent 
     threshold described in subsection (f) of section 30104.

                              aeronautics

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of aeronautics research and development 
     activities, including research, development, operations, 
     support, and services; maintenance and repair, facility 
     planning and design; space flight, spacecraft control, and 
     communications activities; program management; personnel and 
     related costs, including uniforms or allowances therefor, as 
     authorized by sections 5901 and 5902 of title 5, United 
     States Code; travel expenses; purchase and hire of passenger 
     motor vehicles; and purchase, lease, charter, maintenance, 
     and operation of mission and administrative aircraft, 
     $601,000,000, to remain available until September 30, 2018.

                            space technology

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of space technology research and 
     development activities, including research, development, 
     operations, support, and services; maintenance and repair, 
     facility planning and design; space flight, spacecraft 
     control, and communications activities; program management; 
     personnel and related costs, including uniforms or allowances 
     therefor, as authorized by sections 5901 and 5902 of title 5, 
     United States Code; travel expenses; purchase and hire of 
     passenger motor vehicles; and purchase, lease, charter, 
     maintenance, and operation of mission and administrative 
     aircraft, $686,500,000, to remain available until September 
     30, 2018:  Provided, That $130,000,000 shall be for the 
     RESTORE satellite servicing program for continuation of 
     formulation and development activities for RESTORE and such 
     funds shall not support activities solely needed for the 
     asteroid redirect mission.

                              exploration

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of exploration research and development 
     activities, including research, development, operations, 
     support, and services; maintenance

[[Page S3995]]

     and repair, facility planning and design; space flight, 
     spacecraft control, and communications activities; program 
     management; personnel and related costs, including uniforms 
     or allowances therefor, as authorized by sections 5901 and 
     5902 of title 5, United States Code; travel expenses; 
     purchase and hire of passenger motor vehicles; and purchase, 
     lease, charter, maintenance, and operation of mission and 
     administrative aircraft, $4,330,000,000, to remain available 
     until September 30, 2018:  Provided, That not less than 
     $1,300,000,000 shall be for the Orion Multi-Purpose Crew 
     Vehicle:  Provided further, That not less than $2,150,000,000 
     shall be for the Space Launch System (SLS) launch vehicle, 
     which shall have a lift capability not less than 130 metric 
     tons and which shall have core elements and an Exploration 
     Upper Stage developed simultaneously:  Provided further, That 
     of the amounts provided for SLS, not less than $300,000,000 
     shall be for Exploration Upper Stage development:  Provided 
     further, That $484,000,000 shall be for exploration ground 
     systems:  Provided further, That the National Aeronautics and 
     Space Administration (NASA) shall provide to the Committees 
     on Appropriations of the House of Representatives and the 
     Senate, concurrent with the annual budget submission, a 5-
     year budget profile for an integrated budget that includes 
     the Space Launch System, the Orion Multi-Purpose Crew 
     Vehicle, and associated ground systems, that will meet the 
     Exploration Mission 2 (EM-2) management agreement launch date 
     of no later than 2021 at a success level equal to the Agency 
     Baseline Commitment for EM-2 of the Orion Multi-Purpose crew 
     vehicle:  Provided further, That $396,000,000 shall be for 
     exploration research and development.

                            space operations

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of space operations research and 
     development activities, including research, development, 
     operations, support and services; space flight, spacecraft 
     control and communications activities, including operations, 
     production, and services; maintenance and repair, facility 
     planning and design; program management; personnel and 
     related costs, including uniforms or allowances therefor, as 
     authorized by sections 5901 and 5902 of title 5, United 
     States Code; travel expenses; purchase and hire of passenger 
     motor vehicles; and purchase, lease, charter, maintenance and 
     operation of mission and administrative aircraft, 
     $4,950,700,000, to remain available until September 30, 2018.

                               education

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of aerospace and aeronautical education 
     research and development activities, including research, 
     development, operations, support, and services; program 
     management; personnel and related costs, including uniforms 
     or allowances therefor, as authorized by sections 5901 and 
     5902 of title 5, United States Code; travel expenses; 
     purchase and hire of passenger motor vehicles; and purchase, 
     lease, charter, maintenance, and operation of mission and 
     administrative aircraft, $108,000,000, to remain available 
     until September 30, 2018, of which $18,000,000 shall be for 
     the Experimental Program to Stimulate Competitive Research 
     and $40,000,000 shall be for the National Space Grant College 
     program.

                 safety, security and mission services

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of science, aeronautics, space 
     technology, exploration, space operations and education 
     research and development activities, including research, 
     development, operations, support, and services; maintenance 
     and repair, facility planning and design; space flight, 
     spacecraft control, and communications activities; program 
     management; personnel and related costs, including uniforms 
     or allowances therefor, as authorized by sections 5901 and 
     5902 of title 5, United States Code; travel expenses; 
     purchase and hire of passenger motor vehicles; not to exceed 
     $63,000 for official reception and representation expenses; 
     and purchase, lease, charter, maintenance, and operation of 
     mission and administrative aircraft, $2,796,700,000, to 
     remain available until September 30, 2018.

       construction and environmental compliance and restoration

       For necessary expenses for construction of facilities 
     including repair, rehabilitation, revitalization, and 
     modification of facilities, construction of new facilities 
     and additions to existing facilities, facility planning and 
     design, and restoration, and acquisition or condemnation of 
     real property, as authorized by law, and environmental 
     compliance and restoration, $400,000,000, to remain available 
     until September 30, 2022:  Provided, That proceeds from 
     leases deposited into this account shall be available for a 
     period of 5 years to the extent and in amounts as provided in 
     annual appropriations Acts:  Provided further, That such 
     proceeds referred to in the preceding proviso shall be 
     available for obligation for fiscal year 2017 in an amount 
     not to exceed $9,470,300:  Provided further, That each annual 
     budget request shall include an annual estimate of gross 
     receipts and collections and proposed use of all funds 
     collected pursuant to section 20145 of title 51, United 
     States Code.

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the Inspector General Act of 1978, 
     $38,100,000, of which $500,000 shall remain available until 
     September 30, 2018.

                       administrative provisions

                     (including transfers of funds)

       Funds for any announced prize otherwise authorized shall 
     remain available, without fiscal year limitation, until the 
     prize is claimed or the offer is withdrawn.
       Not to exceed 5 percent of any appropriation made available 
     for the current fiscal year for the National Aeronautics and 
     Space Administration in this Act may be transferred between 
     such appropriations, but no such appropriation, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by any such transfers. Balances so 
     transferred shall be merged with and available for the same 
     purposes and the same time period as the appropriations to 
     which transferred. Any transfer pursuant to this provision 
     shall be treated as a reprogramming of funds under section 
     505 of this Act and shall not be available for obligation 
     except in compliance with the procedures set forth in that 
     section.
       The spending plan required by this Act shall be provided by 
     NASA at the theme, program, project and activity level. The 
     spending plan, as well as any subsequent change of an amount 
     established in that spending plan that meets the notification 
     requirements of section 505 of this Act, shall be treated as 
     a reprogramming under section 505 of this Act and shall not 
     be available for obligation or expenditure except in 
     compliance with the procedures set forth in that section.

                      National Science Foundation

                    research and related activities

       For necessary expenses in carrying out the National Science 
     Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public 
     Law 86-209 (42 U.S.C. 1880 et seq.); services as authorized 
     by section 3109 of title 5, United States Code; maintenance 
     and operation of aircraft and purchase of flight services for 
     research support; acquisition of aircraft; and authorized 
     travel; $6,033,645,000, to remain available until September 
     30, 2018, of which not to exceed $544,000,000 shall remain 
     available until expended for polar research and operations 
     support, and for reimbursement to other Federal agencies for 
     operational and science support and logistical and other 
     related activities for the United States Antarctic program:  
     Provided, That receipts for scientific support services and 
     materials furnished by the National Research Centers and 
     other National Science Foundation supported research 
     facilities may be credited to this appropriation.

          major research equipment and facilities construction

       For necessary expenses for the acquisition, construction, 
     commissioning, and upgrading of major research equipment, 
     facilities, and other such capital assets pursuant to the 
     National Science Foundation Act of 1950 (42 U.S.C. 1861 et 
     seq.), including authorized travel, $246,573,000, to remain 
     available until expended.

                     education and human resources

       For necessary expenses in carrying out science, mathematics 
     and engineering education and human resources programs and 
     activities pursuant to the National Science Foundation Act of 
     1950 (42 U.S.C. 1861 et seq.), including services as 
     authorized by section 3109 of title 5, United States Code, 
     authorized travel, and rental of conference rooms in the 
     District of Columbia, $880,000,000, to remain available until 
     September 30, 2018.

                 agency operations and award management

       For agency operations and award management necessary in 
     carrying out the National Science Foundation Act of 1950 (42 
     U.S.C. 1861 et seq.); services authorized by section 3109 of 
     title 5, United States Code; hire of passenger motor 
     vehicles; uniforms or allowances therefor, as authorized by 
     sections 5901 and 5902 of title 5, United States Code; rental 
     of conference rooms in the District of Columbia; and 
     reimbursement of the Department of Homeland Security for 
     security guard services; $330,000,000:  Provided, That not to 
     exceed $8,280 is for official reception and representation 
     expenses:  Provided further, That contracts may be entered 
     into under this heading in fiscal year 2017 for maintenance 
     and operation of facilities and for other services to be 
     provided during the next fiscal year:  Provided further, That 
     of the amount provided for costs associated with the 
     acquisition, occupancy, and related costs of new headquarters 
     space, not more than $40,770,000 shall remain available until 
     expended.

                  office of the national science board

       For necessary expenses (including payment of salaries, 
     authorized travel, hire of passenger motor vehicles, the 
     rental of conference rooms in the District of Columbia, and 
     the employment of experts and consultants under section 3109 
     of title 5, United States Code) involved in carrying out 
     section 4 of the National Science Foundation Act of 1950 (42 
     U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.), 
     $4,370,000:  Provided, That not to exceed $2,500 shall be 
     available for official reception and representation expenses.

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     as authorized by the Inspector General Act of 1978, 
     $15,200,000, of which $400,000 shall remain available until 
     September 30, 2018.

[[Page S3996]]

  


                        administrative provision

       Not to exceed 5 percent of any appropriation made available 
     for the current fiscal year for the National Science 
     Foundation in this Act may be transferred between such 
     appropriations, but no such appropriation shall be increased 
     by more than 10 percent by any such transfers. Any transfer 
     pursuant to this section shall be treated as a reprogramming 
     of funds under section 505 of this Act and shall not be 
     available for obligation except in compliance with the 
     procedures set forth in that section.
       This title may be cited as the ``Science Appropriations 
     Act, 2017''.

                                TITLE IV

                            RELATED AGENCIES

                       Commission on Civil Rights

                         salaries and expenses

       For necessary expenses of the Commission on Civil Rights, 
     including hire of passenger motor vehicles, $9,200,000:  
     Provided, That none of the funds appropriated in this 
     paragraph may be used to employ any individuals under 
     Schedule C of subpart C of part 213 of title 5 of the Code of 
     Federal Regulations exclusive of one special assistant for 
     each Commissioner:  Provided further, That none of the funds 
     appropriated in this paragraph shall be used to reimburse 
     Commissioners for more than 75 billable days, with the 
     exception of the chairperson, who is permitted 125 billable 
     days:  Provided further, That none of the funds appropriated 
     in this paragraph shall be used for any activity or expense 
     that is not explicitly authorized by section 3 of the Civil 
     Rights Commission Act of 1983 (42 U.S.C. 1975a).

                Equal Employment Opportunity Commission

                         salaries and expenses

       For necessary expenses of the Equal Employment Opportunity 
     Commission as authorized by title VII of the Civil Rights Act 
     of 1964, the Age Discrimination in Employment Act of 1967, 
     the Equal Pay Act of 1963, the Americans with Disabilities 
     Act of 1990, section 501 of the Rehabilitation Act of 1973, 
     the Civil Rights Act of 1991, the Genetic Information Non-
     Discrimination Act (GINA) of 2008 (Public Law 110-233), the 
     ADA Amendments Act of 2008 (Public Law 110-325), and the 
     Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111-2), 
     including services as authorized by section 3109 of title 5, 
     United States Code; hire of passenger motor vehicles as 
     authorized by section 1343(b) of title 31, United States 
     Code; nonmonetary awards to private citizens; and up to 
     $29,500,000 for payments to State and local enforcement 
     agencies for authorized services to the Commission, 
     $364,500,000:  Provided, That the Commission is authorized to 
     make available for official reception and representation 
     expenses not to exceed $2,250 from available funds:  Provided 
     further, That the Commission may take no action to implement 
     any workforce repositioning, restructuring, or reorganization 
     until such time as the Committees on Appropriations of the 
     House of Representatives and the Senate have been notified of 
     such proposals, in accordance with the reprogramming 
     requirements of section 505 of this Act:  Provided further, 
     That the Chair is authorized to accept and use any gift or 
     donation to carry out the work of the Commission.

                     International Trade Commission

                         salaries and expenses

       For necessary expenses of the International Trade 
     Commission, including hire of passenger motor vehicles and 
     services as authorized by section 3109 of title 5, United 
     States Code, and not to exceed $2,250 for official reception 
     and representation expenses, $88,500,000, to remain available 
     until expended.

                       Legal Services Corporation

               payment to the legal services corporation

       For payment to the Legal Services Corporation to carry out 
     the purposes of the Legal Services Corporation Act of 1974, 
     $395,000,000, of which $362,000,000 is for basic field 
     programs and required independent audits; $4,600,000 is for 
     the Office of Inspector General, of which such amounts as may 
     be necessary may be used to conduct additional audits of 
     recipients; $19,400,000 is for management and grants 
     oversight; $4,000,000 is for client self-help and information 
     technology; $4,000,000 is for a Pro Bono Innovation Fund; and 
     $1,000,000 is for loan repayment assistance:  Provided, That 
     the Legal Services Corporation may continue to provide 
     locality pay to officers and employees at a rate no greater 
     than that provided by the Federal Government to Washington, 
     DC-based employees as authorized by section 5304 of title 5, 
     United States Code, notwithstanding section 1005(d) of the 
     Legal Services Corporation Act (42 U.S.C. 2996(d)):  Provided 
     further, That the authorities provided in section 205 of this 
     Act shall be applicable to the Legal Services Corporation:  
     Provided further, That, for the purposes of section 505 of 
     this Act, the Legal Services Corporation shall be considered 
     an agency of the United States Government.

          administrative provision--legal services corporation

       None of the funds appropriated in this Act to the Legal 
     Services Corporation shall be expended for any purpose 
     prohibited or limited by, or contrary to any of the 
     provisions of, sections 501, 502, 503, 504, 505, and 506 of 
     Public Law 105-119, and all funds appropriated in this Act to 
     the Legal Services Corporation shall be subject to the same 
     terms and conditions set forth in such sections, except that 
     all references in sections 502 and 503 to 1997 and 1998 shall 
     be deemed to refer instead to 2016 and 2017, respectively.

                        Marine Mammal Commission

                         salaries and expenses

       For necessary expenses of the Marine Mammal Commission as 
     authorized by title II of the Marine Mammal Protection Act of 
     1972 (16 U.S.C. 1361 et seq.), $3,431,000.

            Office of the United States Trade Representative

                         salaries and expenses

       For necessary expenses of the Office of the United States 
     Trade Representative, including the hire of passenger motor 
     vehicles and the employment of experts and consultants as 
     authorized by section 3109 of title 5, United States Code, 
     $59,376,000, of which $1,000,000 shall remain available until 
     expended:  Provided, That not to exceed $124,000 shall be 
     available for official reception and representation expenses.

                        State Justice Institute

                         salaries and expenses

       For necessary expenses of the State Justice Institute, as 
     authorized by the State Justice Institute Authorization Act 
     of 1984 (42 U.S.C. 10701 et seq.) $5,121,000, of which 
     $500,000 shall remain available until September 30, 2018:  
     Provided, That not to exceed $2,250 shall be available for 
     official reception and representation expenses:  Provided 
     further, That, for the purposes of section 505 of this Act, 
     the State Justice Institute shall be considered an agency of 
     the United States Government.

                                TITLE V

                           GENERAL PROVISIONS

                        (including rescissions)

                     (including transfer of funds)

       Sec. 501.  No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes not 
     authorized by the Congress.
       Sec. 502.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 503.  The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to section 3109 of title 5, United States Code, 
     shall be limited to those contracts where such expenditures 
     are a matter of public record and available for public 
     inspection, except where otherwise provided under existing 
     law, or under existing Executive order issued pursuant to 
     existing law.
       Sec. 504.  If any provision of this Act or the application 
     of such provision to any person or circumstances shall be 
     held invalid, the remainder of the Act and the application of 
     each provision to persons or circumstances other than those 
     as to which it is held invalid shall not be affected thereby.
       Sec. 505.  None of the funds provided under this Act, or 
     provided under previous appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in fiscal year 2017, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure through 
     a reprogramming of funds that: (1) creates or initiates a new 
     program, project or activity; (2) eliminates a program, 
     project or activity; (3) increases funds or personnel by any 
     means for any project or activity for which funds have been 
     denied or restricted; (4) relocates an office or employees; 
     (5) reorganizes or renames offices, programs or activities; 
     (6) contracts out or privatizes any functions or activities 
     presently performed by Federal employees; (7) augments 
     existing programs, projects or activities in excess of 
     $500,000 or 10 percent, whichever is less, or reduces by 10 
     percent funding for any program, project or activity, or 
     numbers of personnel by 10 percent; or (8) results from any 
     general savings, including savings from a reduction in 
     personnel, which would result in a change in existing 
     programs, projects or activities as approved by Congress; 
     unless the House and Senate Committees on Appropriations are 
     notified 15 days in advance of such reprogramming of funds.
       Sec. 506. (a) If it has been finally determined by a court 
     or Federal agency that any person intentionally affixed a 
     label bearing a ``Made in America'' inscription, or any 
     inscription with the same meaning, to any product sold in or 
     shipped to the United States that is not made in the United 
     States, the person shall be ineligible to receive any 
     contract or subcontract made with funds made available in 
     this Act, pursuant to the debarment, suspension, and 
     ineligibility procedures described in sections 9.400 through 
     9.409 of title 48, Code of Federal Regulations.
       (b)(1) To the extent practicable, with respect to 
     authorized purchases of promotional items, funds made 
     available by this Act shall be used to purchase items that 
     are manufactured, produced, or assembled in the United 
     States, its territories or possessions.
       (2) The term ``promotional items'' has the meaning given 
     the term in OMB Circular A-87, Attachment B, Item (1)(f)(3).
       Sec. 507. (a) The Departments of Commerce and Justice, the 
     National Science Foundation, and the National Aeronautics and

[[Page S3997]]

     Space Administration shall provide to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     a quarterly report on the status of balances of 
     appropriations at the account level. For unobligated, 
     uncommitted balances and unobligated, committed balances the 
     quarterly reports shall separately identify the amounts 
     attributable to each source year of appropriation from which 
     the balances were derived. For balances that are obligated, 
     but unexpended, the quarterly reports shall separately 
     identify amounts by the year of obligation.
       (b) The report described in subsection (a) shall be 
     submitted within 30 days of the end of each quarter.
       (c) If a department or agency is unable to fulfill any 
     aspect of a reporting requirement described in subsection (a) 
     due to a limitation of a current accounting system, the 
     department or agency shall fulfill such aspect to the maximum 
     extent practicable under such accounting system and shall 
     identify and describe in each quarterly report the extent to 
     which such aspect is not fulfilled.
       Sec. 508.  Any costs incurred by a department or agency 
     funded under this Act resulting from, or to prevent, 
     personnel actions taken in response to funding reductions 
     included in this Act shall be absorbed within the total 
     budgetary resources available to such department or agency:  
     Provided, That the authority to transfer funds between 
     appropriations accounts as may be necessary to carry out this 
     section is provided in addition to authorities included 
     elsewhere in this Act:  Provided further, That use of funds 
     to carry out this section shall be treated as a reprogramming 
     of funds under section 505 of this Act and shall not be 
     available for obligation or expenditure except in compliance 
     with the procedures set forth in that section:  Provided 
     further, That for the Department of Commerce, this section 
     shall also apply to actions taken for the care and protection 
     of loan collateral or grant property.
       Sec. 509.  None of the funds provided by this Act shall be 
     available to promote the sale or export of tobacco or tobacco 
     products, or to seek the reduction or removal by any foreign 
     country of restrictions on the marketing of tobacco or 
     tobacco products, except for restrictions which are not 
     applied equally to all tobacco or tobacco products of the 
     same type.
       Sec. 510.  Notwithstanding any other provision of law, 
     amounts deposited or available in the Fund established by 
     section 1402 of chapter XIV of title II of Public Law 98-473 
     (42 U.S.C. 10601) in any fiscal year in excess of 
     $2,957,000,000 shall not be available for obligation until 
     the following fiscal year:  Provided, That notwithstanding 
     section 1402(d) of such Act, of the amounts available from 
     the Fund for obligation, $10,000,000 shall remain available 
     until expended to the Department of Justice Office of 
     Inspector General for oversight and auditing purposes:  
     Provided further, That notwithstanding section 1402(d) of 
     such Act, of the amounts available from the Fund for 
     obligation, 5 percent shall be available for grants to Indian 
     tribal governments to improve services and justice for 
     victims of crime.
       Sec. 511.  None of the funds made available to the 
     Department of Justice in this Act may be used to discriminate 
     against or denigrate the religious or moral beliefs of 
     students who participate in programs for which financial 
     assistance is provided from those funds, or of the parents or 
     legal guardians of such students.
       Sec. 512.  None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriations Act.
       Sec. 513.  Any funds provided in this Act used to implement 
     E-Government Initiatives shall be subject to the procedures 
     set forth in section 505 of this Act.
       Sec. 514. (a) The Inspectors General of the Department of 
     Commerce, the Department of Justice, the National Aeronautics 
     and Space Administration, the National Science Foundation, 
     and the Legal Services Corporation shall conduct audits, 
     pursuant to the Inspector General Act (5 U.S.C. App.), of 
     grants or contracts for which funds are appropriated by this 
     Act, and shall submit reports to Congress on the progress of 
     such audits, which may include preliminary findings and a 
     description of areas of particular interest, within 180 days 
     after initiating such an audit and every 180 days thereafter 
     until any such audit is completed.
       (b) Within 60 days after the date on which an audit 
     described in subsection (a) by an Inspector General is 
     completed, the Secretary, Attorney General, Administrator, 
     Director, or President, as appropriate, shall make the 
     results of the audit available to the public on the Internet 
     website maintained by the Department, Administration, 
     Foundation, or Corporation, respectively. The results shall 
     be made available in redacted form to exclude--
       (1) any matter described in section 552(b) of title 5, 
     United States Code; and
       (2) sensitive personal information for any individual, the 
     public access to which could be used to commit identity theft 
     or for other inappropriate or unlawful purposes.
       (c) Any person awarded a grant or contract funded by 
     amounts appropriated by this Act shall submit a statement to 
     the Secretary of Commerce, the Attorney General, the 
     Administrator, Director, or President, as appropriate, 
     certifying that no funds derived from the grant or contract 
     will be made available through a subcontract or in any other 
     manner to another person who has a financial interest in the 
     person awarded the grant or contract.
       (d) The provisions of the preceding subsections of this 
     section shall take effect 30 days after the date on which the 
     Director of the Office of Management and Budget, in 
     consultation with the Director of the Office of Government 
     Ethics, determines that a uniform set of rules and 
     requirements, substantially similar to the requirements in 
     such subsections, consistently apply under the executive 
     branch ethics program to all Federal departments, agencies, 
     and entities.
       Sec. 515.  None of the funds appropriated or otherwise made 
     available under this Act may be used by the Departments of 
     Commerce and Justice, the National Aeronautics and Space 
     Administration, or the National Science Foundation to acquire 
     a high-impact information system, as defined for security 
     categorization in the National Institute of Standards and 
     Technology's (NIST) Federal Information Processing Standard 
     Publication 199, ``Standards for Security Categorization of 
     Federal Information and Information Systems'' unless the 
     agency has--
       (1) reviewed the supply chain risk for the information 
     systems against criteria developed by NIST to inform 
     acquisition decisions for high-impact information systems 
     within the Federal Government and against international 
     standards and guidelines, including those developed by NIST;
       (2) reviewed the supply chain risk from the presumptive 
     awardee against available and relevant threat information 
     provided by the Federal Bureau of Investigation and other 
     appropriate agencies; and
       (3) developed, in consultation with NIST and supply chain 
     risk management experts, a mitigation strategy for any 
     identified risks.
       Sec. 516.  None of the funds made available in this Act 
     shall be used in any way whatsoever to support or justify the 
     use of torture by any official or contract employee of the 
     United States Government.
       Sec. 517. (a) Notwithstanding any other provision of law or 
     treaty, none of the funds appropriated or otherwise made 
     available under this Act or any other Act may be expended or 
     obligated by a department, agency, or instrumentality of the 
     United States to pay administrative expenses or to compensate 
     an officer or employee of the United States in connection 
     with requiring an export license for the export to Canada of 
     components, parts, accessories or attachments for firearms 
     listed in Category I, section 121.1 of title 22, Code of 
     Federal Regulations (International Trafficking in Arms 
     Regulations (ITAR), part 121, as it existed on April 1, 2005) 
     with a total value not exceeding $500 wholesale in any 
     transaction, provided that the conditions of subsection (b) 
     of this section are met by the exporting party for such 
     articles.
       (b) The foregoing exemption from obtaining an export 
     license--
       (1) does not exempt an exporter from filing any Shipper's 
     Export Declaration or notification letter required by law, or 
     from being otherwise eligible under the laws of the United 
     States to possess, ship, transport, or export the articles 
     enumerated in subsection (a); and
       (2) does not permit the export without a license of--
       (A) fully automatic firearms and components and parts for 
     such firearms, other than for end use by the Federal 
     Government, or a Provincial or Municipal Government of 
     Canada;
       (B) barrels, cylinders, receivers (frames) or complete 
     breech mechanisms for any firearm listed in Category I, other 
     than for end use by the Federal Government, or a Provincial 
     or Municipal Government of Canada; or
       (C) articles for export from Canada to another foreign 
     destination.
       (c) In accordance with this section, the District Directors 
     of Customs and postmasters shall permit the permanent or 
     temporary export without a license of any unclassified 
     articles specified in subsection (a) to Canada for end use in 
     Canada or return to the United States, or temporary import of 
     Canadian-origin items from Canada for end use in the United 
     States or return to Canada for a Canadian citizen.
       (d) The President may require export licenses under this 
     section on a temporary basis if the President determines, 
     upon publication first in the Federal Register, that the 
     Government of Canada has implemented or maintained inadequate 
     import controls for the articles specified in subsection (a), 
     such that a significant diversion of such articles has and 
     continues to take place for use in international terrorism or 
     in the escalation of a conflict in another nation. The 
     President shall terminate the requirements of a license when 
     reasons for the temporary requirements have ceased.
       Sec. 518.  Notwithstanding any other provision of law, no 
     department, agency, or instrumentality of the United States 
     receiving appropriated funds under this Act or any other Act 
     shall obligate or expend in any way such funds to pay 
     administrative expenses or the compensation of any officer or 
     employee of the United States to deny any application 
     submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified 
     pursuant to 27 CFR section 478.112 or .113, for a permit to 
     import United States origin ``curios or relics'' firearms, 
     parts, or ammunition.
       Sec. 519.  None of the funds made available in this Act may 
     be used to include in any new bilateral or multilateral trade 
     agreement the text of--

[[Page S3998]]

       (1) paragraph 2 of article 16.7 of the United States-
     Singapore Free Trade Agreement;
       (2) paragraph 4 of article 17.9 of the United States-
     Australia Free Trade Agreement; or
       (3) paragraph 4 of article 15.9 of the United States-
     Morocco Free Trade Agreement.
       Sec. 520.  None of the funds made available in this Act may 
     be used to authorize or issue a national security letter in 
     contravention of any of the following laws authorizing the 
     Federal Bureau of Investigation to issue national security 
     letters: The Right to Financial Privacy Act; The Electronic 
     Communications Privacy Act; The Fair Credit Reporting Act; 
     The National Security Act of 1947; USA PATRIOT Act; USA 
     FREEDOM Act of 2015; and the laws amended by these Acts.
       Sec. 521.  If at any time during any quarter, the program 
     manager of a project within the jurisdiction of the 
     Departments of Commerce or Justice, the National Aeronautics 
     and Space Administration, or the National Science Foundation 
     totaling more than $75,000,000 has reasonable cause to 
     believe that the total program cost has increased by 10 
     percent or more, the program manager shall immediately inform 
     the respective Secretary, Administrator, or Director. The 
     Secretary, Administrator, or Director shall notify the House 
     and Senate Committees on Appropriations within 30 days in 
     writing of such increase, and shall include in such notice: 
     the date on which such determination was made; a statement of 
     the reasons for such increases; the action taken and proposed 
     to be taken to control future cost growth of the project; 
     changes made in the performance or schedule milestones and 
     the degree to which such changes have contributed to the 
     increase in total program costs or procurement costs; new 
     estimates of the total project or procurement costs; and a 
     statement validating that the project's management structure 
     is adequate to control total project or procurement costs.
       Sec. 522.  Funds appropriated by this Act, or made 
     available by the transfer of funds in this Act, for 
     intelligence or intelligence related activities are deemed to 
     be specifically authorized by the Congress for purposes of 
     section 504 of the National Security Act of 1947 (50 U.S.C. 
     414) during fiscal year 2017 until the enactment of the 
     Intelligence Authorization Act for fiscal year 2017.
       Sec. 523.  None of the funds appropriated or otherwise made 
     available by this Act may be used to enter into a contract in 
     an amount greater than $5,000,000 or to award a grant in 
     excess of such amount unless the prospective contractor or 
     grantee certifies in writing to the agency awarding the 
     contract or grant that, to the best of its knowledge and 
     belief, the contractor or grantee has filed all Federal tax 
     returns required during the three years preceding the 
     certification, has not been convicted of a criminal offense 
     under the Internal Revenue Code of 1986, and has not, more 
     than 90 days prior to certification, been notified of any 
     unpaid Federal tax assessment for which the liability remains 
     unsatisfied, unless the assessment is the subject of an 
     installment agreement or offer in compromise that has been 
     approved by the Internal Revenue Service and is not in 
     default, or the assessment is the subject of a non-frivolous 
     administrative or judicial proceeding.

                              (rescissions)

       Sec. 524. (a) Of the unobligated balances available to the 
     Department of Justice, the following funds are hereby 
     rescinded, not later than September 30, 2017, from the 
     following accounts in the specified amounts--
       (1) ``Working Capital Fund'', $289,743,000;
       (2) ``Federal Bureau of Investigation, Salaries and 
     Expenses'', $181,191,000;
       (3) ``State and Local Law Enforcement Activities, Office on 
     Violence Against Women, Violence Against Women Prevention and 
     Prosecution Programs'', $5,000,000;
       (4) ``State and Local Law Enforcement Activities, Office of 
     Justice Programs'', $20,000,000;
       (5) ``State and Local Law Enforcement Activities, Community 
     Oriented Policing Services'', $10,000,000;
       (6) ``Legal Activities, Assets Forfeiture Fund'', 
     $304,000,000 of which $152,000,000 is permanently rescinded;
       (7) ``United States Marshals Service, Federal Prisoner 
     Detention'', $24,000,000; and
       (8) ``Drug Enforcement Administration, Salaries and 
     Expenses'', $6,192,000.
       (b) The Department of Justice shall submit to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate a report no later than September 1, 2017, 
     specifying the amount of each rescission made pursuant to 
     subsections (a) and (b).
       Sec. 525.  None of the funds made available in this Act may 
     be used to purchase first class or premium airline travel in 
     contravention of sections 301-10.122 through 301-10.124 of 
     title 41 of the Code of Federal Regulations.
       Sec. 526.  None of the funds made available in this Act may 
     be used to send or otherwise pay for the attendance of more 
     than 50 employees from a Federal department or agency, who 
     are stationed in the United States, at any single conference 
     occurring outside the United States unless such conference is 
     a law enforcement training or operational conference for law 
     enforcement personnel and the majority of Federal employees 
     in attendance are law enforcement personnel stationed outside 
     the United States.
       Sec. 527.  None of the funds appropriated or otherwise made 
     available in this Act may be used to transfer, release, or 
     assist in the transfer or release to or within the United 
     States, its territories, or possessions Khalid Sheikh 
     Mohammed or any other detainee who--
       (1) is not a United States citizen or a member of the Armed 
     Forces of the United States; and
       (2) is or was held on or after June 24, 2009, at the United 
     States Naval Station, Guantanamo Bay, Cuba, by the Department 
     of Defense.
       Sec. 528. (a) None of the funds appropriated or otherwise 
     made available in this Act may be used to construct, acquire, 
     or modify any facility in the United States, its territories, 
     or possessions to house any individual described in 
     subsection (c) for the purposes of detention or imprisonment 
     in the custody or under the effective control of the 
     Department of Defense.
       (b) The prohibition in subsection (a) shall not apply to 
     any modification of facilities at United States Naval 
     Station, Guantanamo Bay, Cuba.
       (c) An individual described in this subsection is any 
     individual who, as of June 24, 2009, is located at United 
     States Naval Station, Guantanamo Bay, Cuba, and who--
       (1) is not a citizen of the United States or a member of 
     the Armed Forces of the United States; and
       (2) is--
       (A) in the custody or under the effective control of the 
     Department of Defense; or
       (B) otherwise under detention at United States Naval 
     Station, Guantanamo Bay, Cuba.
       Sec. 529.  To the extent practicable, funds made available 
     in this Act should be used to purchase light bulbs that are 
     ``Energy Star'' qualified or have the ``Federal Energy 
     Management Program'' designation.
       Sec. 530.  The Director of the Office of Management and 
     Budget shall instruct any department, agency, or 
     instrumentality of the United States receiving funds 
     appropriated under this Act to track undisbursed balances in 
     expired grant accounts and include in its annual performance 
     plan and performance and accountability reports the 
     following:
       (1) Details on future action the department, agency, or 
     instrumentality will take to resolve undisbursed balances in 
     expired grant accounts.
       (2) The method that the department, agency, or 
     instrumentality uses to track undisbursed balances in expired 
     grant accounts.
       (3) Identification of undisbursed balances in expired grant 
     accounts that may be returned to the Treasury of the United 
     States.
       (4) In the preceding 3 fiscal years, details on the total 
     number of expired grant accounts with undisbursed balances 
     (on the first day of each fiscal year) for the department, 
     agency, or instrumentality and the total finances that have 
     not been obligated to a specific project remaining in the 
     accounts.
       Sec. 531.  None of the funds made available by this Act may 
     be used to pay the salaries or expenses of personnel to deny, 
     or fail to act on, an application for the importation of any 
     model of shotgun if--
       (1) all other requirements of law with respect to the 
     proposed importation are met; and
       (2) no application for the importation of such model of 
     shotgun, in the same configuration, had been denied by the 
     Attorney General prior to January 1, 2011, on the basis that 
     the shotgun was not particularly suitable for or readily 
     adaptable to sporting purposes.
       Sec. 532. (a) None of the funds made available in this Act 
     may be used to maintain or establish a computer network 
     unless such network blocks the viewing, downloading, and 
     exchanging of pornography.
       (b) Nothing in subsection (a) shall limit the use of funds 
     necessary for any Federal, State, tribal, or local law 
     enforcement agency or any other entity carrying out criminal 
     investigations, prosecution, adjudication, or other law 
     enforcement- or victim assistance-related activity.
       Sec. 533.  The Departments of Commerce and Justice, the 
     National Aeronautics and Space Administration, the National 
     Science Foundation, the Commission on Civil Rights, the Equal 
     Employment Opportunity Commission, the International Trade 
     Commission, the Legal Services Corporation, the Marine Mammal 
     Commission, the Offices of Science and Technology Policy and 
     the United States Trade Representative, and the State Justice 
     Institute shall submit spending plans, signed by the 
     respective department or agency head, to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     within 45 days after the date of enactment of this Act.
       Sec. 534.  None of the funds made available by this Act may 
     be obligated or expended to implement the Arms Trade Treaty 
     until the Senate approves a resolution of ratification for 
     the Treaty.
       Sec. 535.  Notwithstanding any other provision of this Act, 
     none of the funds appropriated or otherwise made available by 
     this Act may be used to pay award or incentive fees for 
     contractor performance that has been judged to be below 
     satisfactory performance or for performance that does not 
     meet the basic requirements of a contract.
       Sec. 536.  No funds provided in this Act shall be used to 
     deny an Inspector General funded under this Act timely access 
     to any records, documents, or other materials available to 
     the department or agency over which that Inspector General 
     has responsibilities under the Inspector General Act of 1978, 
     or to prevent or impede that Inspector General's

[[Page S3999]]

     access to such records, documents, or other materials, under 
     any provision of law, except a provision of law that 
     expressly refers to the Inspector General and expressly 
     limits the Inspector General's right of access. A department 
     or agency covered by this section shall provide its Inspector 
     General with access to all such records, documents, and other 
     materials in a timely manner. Each Inspector General shall 
     ensure compliance with statutory limitations on disclosure 
     relevant to the information provided by the establishment 
     over which that Inspector General has responsibilities under 
     the Inspector General Act of 1978. Each Inspector General 
     covered by this section shall report to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     within 5 calendar days any failures to comply with this 
     requirement.
       Sec. 537.  None of the funds made available in this Act to 
     the Department of Justice may be used, with respect to any of 
     the States of Alabama, Alaska, Arizona, California, Colorado, 
     Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, 
     Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, 
     Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, 
     New Hampshire, New Jersey, New Mexico, New York, North 
     Carolina, Oklahoma, Oregon, Pennsylvania, Rhode Island, South 
     Carolina, Tennessee, Texas, Utah, Vermont, Virginia, 
     Washington, Wisconsin, and Wyoming, or with respect to the 
     District of Columbia, Guam, or Puerto Rico, to prevent any of 
     them from implementing their own laws that authorize the use, 
     distribution, possession, or cultivation of medical 
     marijuana.
       Sec. 538.  None of the funds made available under this Act 
     may be used by the Department of Justice to prevent a State 
     from implementing its own State laws that authorize the use, 
     distribution, possession, or cultivation of industrial hemp, 
     as defined in section 7606 of the Agricultural Act of 2014 (7 
     U.S.C. 5940).
       This Act may be cited as the ``Commerce, Justice, Science, 
     and Related Agencies Appropriations Act, 2017''.
                                 ______
                                 
  SA 4686. Mr. SHELBY proposed an amendment to amendment SA 4685 
proposed by Mr. McConnell (for Mr. Shelby (for himself and Ms. 
Mikulski)) to the bill H.R. 2578, making appropriations for the 
Departments of Commerce and Justice, Science, and Related Agencies for 
the fiscal year ending September 30, 2016, and for other purposes; as 
follows:

       On page 23, beginning on line 15, strike ``U.S. Census 
     Bureau,'' and insert ``Bureau of the Census,''.
                                 ______
                                 
  SA 4687. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 2578, making appropriations for the Departments of 
Commerce and Justice, Science, and Related Agencies for the fiscal year 
ending September 30, 2016, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  None of the funds made available in this Act may 
     be used by the Bureau of the Census to conduct a decennial 
     census that does not contain questions to ascertain United 
     States citizenship and immigration status.
                                 ______
                                 
  SA 4688. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill H.R. 2578, making appropriations for the Departments of 
Commerce and Justice, Science, and Related Agencies for the fiscal year 
ending September 30, 2016, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of title V, insert the following:
       Sec. __.  None of the funds made available in this Act may 
     be provided to a State or local government or a private or 
     nonprofit entity for employment or contracting, or for the 
     provision of a program or activity or public accommodation, 
     if the government or entity (including any subrecipient) uses 
     any of such funds in a manner that discriminates against 
     individuals on the basis of sexual orientation or gender 
     identity, in administering, supervising, or performing the 
     employment, contracting, or provision involved.
                                 ______
                                 
  SA 4689. Ms. MIKULSKI (for herself and Mr. Nelson) submitted an 
amendment intended to be proposed by her to the bill H.R. 2578, making 
appropriations for the Departments of Commerce and Justice, Science, 
and Related Agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of title II, add the following:
       Sec. 2__. (a) In addition to the amounts provided under the 
     heading ``salaries and expenses'' under the heading ``Federal 
     Bureau of Investigation'' under this title, $175,000,000 for 
     personnel, training, and equipment needed to counter both 
     foreign and domestic terrorism, including lone wolf actors: 
     Provided, That such amount is designated by Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 1985 
     (2 U.S.C. 901(b)(2)(A)(i)).
       (b) In addition to the amounts provided under the heading 
     ``state and local law enforcement assistance'' under the 
     heading ``Office of Justice Programs'' under this title, 
     $15,000,000 for an Officer Robert Wilson III memorial 
     initiative on Preventing Violence Against Law Enforcement 
     Officer Resilience and Survivability (VALOR): Provided, That 
     such amount is designated by Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 (2 
     U.S.C. 901(b)(2)(A)(i)).
                                 ______
                                 
  SA 4690. Mr. ALEXANDER submitted an amendment intended to be proposed 
to amendment SA 4685 proposed by Mr. McConnell (for Mr. Shelby (for 
himself and Ms. Mikulski)) to the bill H.R. 2578, making appropriations 
for the Departments of Commerce and Justice, Science, and Related 
Agencies for the fiscal year ending September 30, 2016, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title V (before the short title) insert the 
     following:
       Sec. ___.  None of the funds made available by this Act may 
     be used by the Equal Employment Opportunity Commission for 
     the ``collection of information'', as defined in section 
     3502(3)(A) of title 44, United States Code, from employers as 
     set forth in the notice entitled ``Agency Information 
     Collection Activities: Revision of the Employer Information 
     Report (EEO-1) and Comment Request'', published by the 
     Commission (81 Fed. Reg. 5113 (February 1, 2016)) or for any 
     final ``collection of information'' related to such notice.
                                 ______
                                 
  SA 4691. Mr. MURPHY (for himself, Mr. Schumer, and Mr. Booker) 
submitted an amendment intended to be proposed by him to the bill H.R. 
2578, making appropriations for the Departments of Commerce and 
Justice, Science, and Related Agencies for the fiscal year ending 
September 30, 2016, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 107, between lines 9 and 10, insert the following:

                      TITLE VI--FIXING GUN CHECKS

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Fix Gun Checks Act of 
     2016''.

Subtitle A--Ensuring That All Individuals Who Should Be Prohibited From 
  Buying a Gun Are Listed in the National Instant Criminal Background 
                              Check System

     SEC. 611. PENALTIES FOR STATES THAT DO NOT MAKE DATA 
                   ELECTRONICALLY AVAILABLE TO THE NATIONAL 
                   INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.

       Section 102(b) of the NICS Improvement Amendments Act of 
     2007 (18 U.S.C. 922 note) is amended to read as follows:
       ``(b) Implementation Plan.--
       ``(1) In general.--Within 1 year after the date of the 
     enactment of this subsection, the Attorney General, in 
     coordination with the States, shall establish, for each State 
     or Indian tribal government, a plan to ensure maximum 
     coordination and automation of the reporting of records or 
     making of records available to the National Instant Criminal 
     Background Check System established under section 103 of the 
     Brady Handgun Violence Prevention Act, during a 4-year period 
     specified in the plan.
       ``(2) Benchmark requirements.--Each such plan shall include 
     annual benchmarks, including qualitative goals and 
     quantitative measures, to enable the Attorney General to 
     assess implementation of the plan.
       ``(3) Penalties for noncompliance.--
       ``(A) In general.--During the 4-year period covered by such 
     a plan, the Attorney General shall withhold the following 
     percentage of the amount that would otherwise be allocated to 
     a State under section 505 of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3755) if the State does 
     not meet the benchmark established under paragraph (2) for 
     the following year in the period:
       ``(i) 10 percent, in the case of the 1st year in the 
     period.
       ``(ii) 11 percent, in the case of the 2nd year in the 
     period.
       ``(iii) 13 percent, in the case of the 3rd year in the 
     period.
       ``(iv) 15 percent, in the case of the 4th year in the 
     period.
       ``(B) Failure to establish a plan.--A State with respect to 
     which a plan is not established under paragraph (1) shall be 
     treated as having not met any benchmark established under 
     paragraph (2).''.

     SEC. 612. REQUIREMENT THAT FEDERAL AGENCIES CERTIFY THAT THEY 
                   HAVE SUBMITTED TO THE NATIONAL INSTANT CRIMINAL 
                   BACKGROUND CHECK SYSTEM ALL RECORDS IDENTIFYING 
                   PERSONS PROHIBITED FROM PURCHASING FIREARMS 
                   UNDER FEDERAL LAW.

       Section 103(e)(1) of the Brady Handgun Violence Prevention 
     Act (18 U.S.C. 922 note) is amended by adding at the end the 
     following:
       ``(F) Semiannual certification and reporting.--
       ``(i) In general.--The head of each Federal department or 
     agency shall submit to the

[[Page S4000]]

     Attorney General a written certification indicating whether 
     the department or agency has provided to the Attorney General 
     the pertinent information contained in any record of any 
     person that the department or agency was in possession of 
     during the time period addressed by the certification 
     demonstrating that the person falls within a category 
     described in subsection (g) or (n) of section 922 of title 
     18, United States Code.
       ``(ii) Submission dates.--The head of a Federal department 
     or agency shall submit a certification under clause (i)--

       ``(I) not later than July 31 of each year, which shall 
     address any record the department or agency was in possession 
     of during the period beginning on January 1 of the year and 
     ending on June 30 of the year; and
       ``(II) not later than January 31 of each year, which shall 
     address any record the department or agency was in possession 
     of during the period beginning on July 1 of the previous year 
     and ending on December 31 of the previous year.

       ``(iii) Contents.--A certification required under clause 
     (i) shall state, for the applicable period--

       ``(I) the number of records of the Federal department or 
     agency demonstrating that a person fell within each of the 
     categories described in section 922(g) of title 18, United 
     States Code;
       ``(II) the number of records of the Federal department or 
     agency demonstrating that a person fell within the category 
     described in section 922(n) of title 18, United States Code; 
     and
       ``(III) for each category of records described in 
     subclauses (I) and (II), the total number of records of the 
     Federal department or agency that have been provided to the 
     Attorney General.''.

     SEC. 613. ADJUDICATED AS A MENTAL DEFECTIVE.

       (a) In General.--Section 921(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(36) The term `adjudicated as a mental defective' shall--
       ``(A) have the meaning given the term in section 478.11 of 
     title 27, Code of Federal Regulations, or any successor 
     thereto; and
       ``(B) include an order by a court, board, commission, or 
     other lawful authority that a person, in response to mental 
     illness, incompetency, or marked subnormal intelligence, be 
     compelled to receive services--
       ``(i) including counseling, medication, or testing to 
     determine compliance with prescribed medications; and
       ``(ii) not including testing for use of alcohol or for 
     abuse of any controlled substance or other drug.
       ``(37) The term `committed to a mental institution' shall 
     have the meaning given the term in section 478.11 of title 
     27, Code of Federal Regulations, or any successor thereto.''.
       (b) Limitation.--An individual who has been adjudicated as 
     a mental defective before the date that is 180 days after the 
     date of enactment of this Act may not apply for relief from 
     disability under section 101(c)(2) of the NICS Improvement 
     Amendments Act of 2007 (18 U.S.C. 922 note) on the basis that 
     the individual does not meet the requirements in section 
     921(a)(36) of title 18, United States Code, as added by 
     subsection (a).
       (c) NICS Improvement Amendments Act of 2007.--Section 3 of 
     the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 
     note) is amended by striking paragraph (2) and inserting the 
     following:
       ``(2) Mental health terms.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the terms `adjudicated as a mental defective' and `committed 
     to a mental institution' shall have the meanings given the 
     terms in section 921(a) of title 18, United States Code.
       ``(B) Exception.--For purposes of sections 102 and 103, the 
     terms `adjudicated as a mental defective' and `committed to a 
     mental institution' shall have the same meanings as on the 
     day before the date of enactment of the Fix Gun Checks Act of 
     2016 until the end of the 2-year period beginning on such 
     date of enactment.''.

     SEC. 614. CLARIFICATION THAT FEDERAL COURT INFORMATION IS TO 
                   BE MADE AVAILABLE TO THE NATIONAL INSTANT 
                   CRIMINAL BACKGROUND CHECK SYSTEM.

       Section 103(e)(1) of the Brady Handgun Violence Protection 
     Act (18 U.S.C. 922 note), as amended by section 612 of this 
     Act, is amended by adding at the end the following:
       ``(G) Application to federal courts.--In this paragraph--
       ``(i) the terms `department or agency of the United States' 
     and `Federal department or agency' include a Federal court; 
     and
       ``(ii) for purposes of any request, submission, or 
     notification, the Director of the Administrative Office of 
     the United States Courts shall perform the functions of the 
     head of the department or agency.''.

    Subtitle B--Requiring a Background Check for Every Firearm Sale

     SEC. 621. PURPOSE.

       The purpose of this subtitle is to extend the Brady Law 
     background check procedures to all sales and transfers of 
     firearms.

     SEC. 622. FIREARMS TRANSFERS.

       (a) In General.--Section 922 of title 18, United States 
     Code, is amended--
       (1) by striking subsection (s) and redesignating subsection 
     (t) as subsection (s);
       (2) in subsection (s), as so redesignated--
       (A) in paragraph (3)(C)(ii), by striking ``(as defined in 
     subsection (s)(8))''; and
       (B) by adding at the end the following:
       ``(7) In this subsection, the term `chief law enforcement 
     officer' means the chief of police, the sheriff, or an 
     equivalent officer or the designee of any such individual.''; 
     and
       (3) by inserting after subsection (s), as so redesignated, 
     the following:
       ``(t)(1) It shall be unlawful for any person who is not a 
     licensed importer, licensed manufacturer, or licensed dealer 
     to transfer a firearm to any other person who is not so 
     licensed, unless a licensed importer, licensed manufacturer, 
     or licensed dealer has first taken possession of the firearm 
     for the purpose of complying with subsection (s). Upon taking 
     possession of the firearm, the licensee shall comply with all 
     requirements of this chapter as if the licensee were 
     transferring the firearm from the inventory of the licensee 
     to the unlicensed transferee.
       ``(2) Paragraph (1) shall not apply to--
       ``(A) a transfer of a firearm by or to any law enforcement 
     agency or any law enforcement officer, armed private security 
     professional, or member of the armed forces, to the extent 
     the officer, professional, or member is acting within the 
     course and scope of employment and official duties;
       ``(B) a transfer that is a loan or bona fide gift between 
     spouses, between domestic partners, between parents and their 
     children, between siblings, or between grandparents and their 
     grandchildren;
       ``(C) a transfer to an executor, administrator, trustee, or 
     personal representative of an estate or a trust that occurs 
     by operation of law upon the death of another person;
       ``(D) a temporary transfer that is necessary to prevent 
     imminent death or great bodily harm, if the possession by the 
     transferee lasts only as long as immediately necessary to 
     prevent the imminent death or great bodily harm;
       ``(E) a transfer that is approved by the Attorney General 
     under section 5812 of the Internal Revenue Code of 1986; or
       ``(F) a temporary transfer if the transferor has no reason 
     to believe that the transferee will use or intends to use the 
     firearm in a crime or is prohibited from possessing firearms 
     under State or Federal law, and the transfer takes place and 
     the transferee's possession of the firearm is exclusively--
       ``(i) at a shooting range or in a shooting gallery or other 
     area designated and built for the purpose of target shooting;
       ``(ii) while hunting, trapping, or fishing, if the hunting, 
     trapping, or fishing is legal in all places where the 
     transferee possesses the firearm and the transferee holds all 
     licenses or permits required for such hunting, trapping, or 
     fishing; or
       ``(iii) while in the presence of the transferor.''.
       (b) Technical and Conforming Amendments.--
       (1) Section 922.--Section 922(y)(2) of such title is 
     amended in the matter preceding subparagraph (A), by striking 
     ``, (g)(5)(B), and (s)(3)(B)(v)(II)'' and inserting ``and 
     (g)(5)(B)''.
       (2) Section 925A.--Section 925A of such title is amended in 
     the matter preceding paragraph (1), by striking ``subsection 
     (s) or (t) of section 922'' and inserting ``section 922(s)''.
       (c) Effective Date.--The amendment made by subsection 
     (a)(4) shall take effect 180 days after the date of the 
     enactment of this Act.

     SEC. 623. LOST AND STOLEN REPORTING.

       (a) In General.--Section 922 of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(aa) It shall be unlawful for any person who lawfully 
     possesses or owns a firearm that has been shipped or 
     transported in, or has been possessed in or affecting, 
     interstate or foreign commerce, to fail to report the theft 
     or loss of the firearm, within 48 hours after the person 
     discovers the theft or loss, to the Attorney General and to 
     the appropriate local authorities.''.
       (b) Penalty.--Section 924(a)(1)(B) of such title is amended 
     to read as follows:
       ``(B) knowingly violates subsection (a)(4), (f), (k), (q), 
     or (aa) of section 922;''.
                                 ______
                                 
  SA 4692. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by Mr. McConnell (for Mr. Shelby (for 
himself and Ms. Mikulski)) to the bill H.R. 2578, making appropriations 
for the Departments of Commerce and Justice, Science, and Related 
Agencies for the fiscal year ending September 30, 2016, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 49, strike ``$100,000,000'' and insert 
     ``$950,000,000''.
       On page 68, between lines 20 and 21, insert the following:
       Sec. 218.  Of the unobligated balances in the Prevention 
     and Public Health Fund established under section 4002 of the 
     Patient Protection and Affordable Care Act (42 U.S.C. 300u-
     11), $850,000,000 is hereby rescinded.
                                 ______
                                 
  SA 4693. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2578, making appropriations for the Departments of 
Commerce and Justice, Science, and Related Agencies for the fiscal year 
ending September 30, 2016, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

[[Page S4001]]

       Sec. __.  None of the funds made available in this Act may 
     be used to develop or implement the Supplemental Poverty 
     Measure described in the notice and solicitation of comments 
     of the Bureau of the Census published on May 26, 2010 (75 
     Fed. Reg. 29513).
                                 ______
                                 
  SA 4694. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by Mr. McConnell (for Mr. Shelby (for 
himself and Ms. Mikulski)) to the bill H.R. 2578, making appropriations 
for the Departments of Commerce and Justice, Science, and Related 
Agencies for the fiscal year ending September 30, 2016, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title V, insert the following:
       Sec. 5__.  None of the funds made available under this Act 
     may be used by the Department of Justice to enforce the Fair 
     Housing Act (42 U.S.C. 3601 et seq.) in a manner that relies 
     upon an allegation of liability under section 100.500 of 
     title 24, Code of Federal Regulations, or any successor 
     regulation.
                                 ______
                                 
  SA 4695. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by Mr. McConnell (for Mr. Shelby (for 
himself and Ms. Mikulski)) to the bill H.R. 2578, making appropriations 
for the Departments of Commerce and Justice, Science, and Related 
Agencies for the fiscal year ending September 30, 2016, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 5, strike lines 4 through 22.
                                 ______
                                 
  SA 4696. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by Mr. McConnell (for Mr. Shelby (for 
himself and Ms. Mikulski)) to the bill H.R. 2578, making appropriations 
for the Departments of Commerce and Justice, Science, and Related 
Agencies for the fiscal year ending September 30, 2016, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 11, strike lines 20 through 24 and insert the 
     following:
       ``services, $25,000,000, to remain available until 
     expended, for the National Network for Manufacturing 
     Innovation.''.
                                 ______
                                 
  SA 4697. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by Mr. McConnell (for Mr. Shelby (for 
himself and Ms. Mikulski)) to the bill H.R. 2578, making appropriations 
for the Departments of Commerce and Justice, Science, and Related 
Agencies for the fiscal year ending September 30, 2016, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___.  It is the sense of Congress that--
       (1) the Attorney General should investigate the 
     Administrator of the Environmental Protection Agency 
     (referred to in this section as the ``Administrator'') and 
     the employees and contractors of the Environmental Protection 
     Agency for violations of criminal law in connection with the 
     Gold King Mine disaster, including at a minimum--
       (A) any criminal violation of Federal environmental law;
       (B) criminal negligence;
       (C) obstruction of proceedings under section 1505 of title 
     18, United States Code;
       (D) obstruction of a Federal audit under section 1516 of 
     title 18, United States Code; and
       (E) false statements under section 1001 of title 18, United 
     States Code;
       (2) on August 5, 2015, the activities of the Administrator 
     at the Gold King Mine in the State of Colorado caused a 
     3,000,000-gallon acidic plume of lead, mercury, arsenic, and 
     other metals to flow into the Animas River in Colorado and 
     the San Juan River near Farmington, New Mexico;
       (3) the Gold King Mine disaster devastated an estimated 
     1,500 farms located within the Navajo Nation because the 
     spill contaminated and interrupted water supplies and damaged 
     the crops, soil, livestock, wildlife, irrigation, and 
     drinking water that are critical to the Navajo Nation;
       (4) a technical evaluation of the Gold King Mine disaster, 
     led by the Secretary of the Interior and dated October 2015--
       (A) found that the Administrator failed to conduct 
     necessary water pressure testing on the Gold King Mine;
       (B) was initially rejected by a peer reviewer based on 
     reservations of the peer reviewer regarding the chronology of 
     key events and internal communications provided by the 
     Administrator; and
       (C) was amended 2 months after the date on which the 
     technical evaluation was initially rejected with a statement 
     by the Administrator that contains an inconsistent account 
     relating to the actions of employees of the Environmental 
     Protection Agency; and
       (5) as of the date of enactment of this Act, the resources 
     and reimbursements provided by the Administrator to the 
     Navajo Nation are insufficient to address the devastation of 
     the economic, agricultural, and cultural centers of the 
     Navajo Nation caused by the Gold King Mine disaster.
                                 ______
                                 
  SA 4698. Ms. HEITKAMP submitted an amendment intended to be proposed 
to amendment SA 4685 proposed by Mr. McConnell (for Mr. Shelby (for 
himself and Ms. Mikulski)) to the bill H.R. 2578, making appropriations 
for the Departments of Commerce and Justice, Science, and Related 
Agencies for the fiscal year ending September 30, 2016, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 5, line 13, insert ``: Provided, That of the grants 
     awarded through such section 27, up to $1,200,000 may be 
     awarded to university incubators eligible to participate in 
     the Experimental Program to Stimulate Competitive Research of 
     the National Science Foundation'' after ``27''.
                                 ______
                                 
  SA 4699. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill H.R. 2578, making appropriations for the Departments 
of Commerce and Justice, Science, and Related Agencies for the fiscal 
year ending September 30, 2016, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. DEPARTMENT OF JUSTICE.

       (a) State and Local Law Enforcement Assistance.--In 
     addition to any amounts otherwise made available, there is 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, for fiscal year 2017, $240,000,000, to remain 
     available until expended, to the Department of Justice for 
     State law enforcement initiatives (which shall include a 30 
     percent pass-through to localities) under the Edward Byrne 
     Memorial Justice Assistance Grant program, as authorized by 
     subpart 1 of part E of title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.) (except 
     that section 1001(c) of such Act (42 U.S.C. 3793(c)) shall 
     not apply for purposes of this Act), to be used, 
     notwithstanding such subpart 1, for a comprehensive program 
     to combat the heroin and opioid crisis, and for associated 
     criminal justice activities, including approved treatment 
     alternatives to incarceration:  Provided, That such amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(b)(2)(A)(i)).
       (b) Community Oriented Policing Services Programs.--In 
     addition to any other amount for ``Community Oriented 
     Policing Services Programs'' for competitive grants to State 
     law enforcement agencies in States with high rates of primary 
     treatment admissions for heroin or other opioids, there is 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, for fiscal year 2017, $10,000,000, to remain 
     available until expended:  Provided, That such amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(b)(2)(A)(i)).
                                 ______
                                 
  SA 4700. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill H.R. 2578, making appropriations for the Departments 
of Commerce and Justice, Science, and Related Agencies for the fiscal 
year ending September 30, 2016, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. DEPARTMENT OF JUSTICE.

       (a) State and Local Law Enforcement Assistance.--In 
     addition to any amounts otherwise made available, there is 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, for fiscal year 2017, $240,000,000, to remain 
     available until expended, to the Department of Justice for 
     State law enforcement initiatives (which shall include a 30 
     percent pass-through to localities) under the Edward Byrne 
     Memorial Justice Assistance Grant program, as authorized by 
     subpart 1 of part E of title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.) (except 
     that section 1001(c) of such Act (42 U.S.C. 3793(c)) shall 
     not apply for purposes of this Act), to be used, 
     notwithstanding such subpart 1, for a comprehensive program 
     to combat the heroin and opioid crisis, and for associated 
     criminal justice activities, including approved treatment 
     alternatives to incarceration:  Provided, That such amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(b)(2)(A)(i)).
       (b) Community Oriented Policing Services Programs.--In 
     addition to any other amount for ``Community Oriented 
     Policing Services Programs'' for competitive grants to State 
     law enforcement agencies in States with high rates of primary 
     treatment admissions for heroin or other opioids, there is 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, for fiscal

[[Page S4002]]

     year 2017, $10,000,000, to remain available until expended:  
     Provided, That such amount is designated by the Congress as 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985 (2 U.S.C. 901(b)(2)(A)(i)).

     SEC. ___. DEPARTMENT OF HEALTH AND HUMAN SERVICES.

       (a) Substance Abuse and Mental Health Services 
     Administration.--In addition to any amounts otherwise made 
     available for ``Substance Abuse Treatment'', there is 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, for fiscal year 2017, $300,000,000, to remain 
     available until expended:  Provided, That such amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(b)(2)(A)(i)):  Provided further, That of the amount 
     provided--
       (1) $285,000,000 is for the Substance Abuse Prevention and 
     Treatment block grant program under subpart II of part B of 
     title XIX of the Public Health Service Act;
       (2) $10,000,000 is for the Medication Assisted Treatment 
     for Prescription Drug and Opioid Addiction program of the 
     Programs of Regional and National Significance within the 
     Center for Substance Abuse Treatment; and
       (3) $5,000,000 is for the Recovery Community Services 
     program of the Programs of Regional and National Significance 
     within the Center for Substance Abuse Treatment.
       (b) Centers for Disease Control and Prevention.--In 
     addition to any amounts otherwise made available, there is 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, for fiscal year 2017, $50,000,000, to remain 
     available until expended, to the Centers for Disease Control 
     and Prevention of the Department of Health and Human 
     Services, for prescription drug monitoring programs, 
     community health system interventions, and rapid response 
     projects:  Provided, That such amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)).
                                 ______
                                 
  SA 4701. Mr. ISAKSON (for himself and Mr. Perdue) submitted an 
amendment intended to be proposed to amendment SA 4685 proposed by Mr. 
McConnell (for Mr. Shelby (for himself and Ms. Mikulski)) to the bill 
H.R. 2578, making appropriations for the Departments of Commerce and 
Justice, Science, and Related Agencies for the fiscal year ending 
September 30, 2016, and for other purposes; which was ordered to lie on 
the table; as follows:

       After section 217, insert the following:
       Sec. 218.  None of the funds made available by this Act may 
     be used--
       (1) to conduct an audit of--
       (A) all Federal water contract violations in multi-State 
     water basins since 2005; and
       (B) any contract violation notification the Department of 
     Justice has received from the Secretary of the Army regarding 
     all multi-State river basins since 2005;
       (2) to develop and submit a record of how the Department of 
     Justice has handled the violations and notifications 
     described in subparagraphs (A) and (B) of paragraph (1);
       (3) to develop and implement a comprehensive plan to 
     enforce Federal law and respond to the violations described 
     in subparagraphs (A) and (B) of paragraph (1);
       (4) to issue or submit a report relating to the violations 
     described in subparagraphs (A) and (B) of paragraph (1); or
       (5) to enter into an agreement with the Secretary of the 
     Army to receive notifications relating to the violations 
     described in subparagraphs (A) and (B) of paragraph (1).
                                 ______
                                 
  SA 4702. Mr. ISAKSON (for himself and Mr. Perdue) submitted an 
amendment intended to be proposed to amendment SA 4685 proposed by Mr. 
McConnell (for Mr. Shelby (for himself and Ms. Mikulski)) to the bill 
H.R. 2578, making appropriations for the Departments of Commerce and 
Justice, Science, and Related Agencies for the fiscal year ending 
September 30, 2016, and for other purposes; which was ordered to lie on 
the table; as follows:

       After section 217, insert the following:
       Sec. 218.  Notwithstanding any other provision of law, the 
     provision of Senate Report 114-239 (April 21, 2016) relating 
     to Federal water usage violations shall have no force or 
     effect of law.
                                 ______
                                 
  SA 4703. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by Mr. McConnell (for Mr. Shelby (for 
himself and Ms. Mikulski)) to the bill H.R. 2578, making appropriations 
for the Departments of Commerce and Justice, Science, and Related 
Agencies for the fiscal year ending September 30, 2016, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 68, between lines 20 and 21, insert the following:
       Sec. 218.  None of the funds appropriated under this Act 
     may be used for the Department of Justice to participate in, 
     or carry out actions arising from, the Department of 
     Education's Interagency Task Force of For-Profit Institutions 
     of Higher Education or the enforcement working group 
     associated with the Interagency Task Force.
                                 ______
                                 
  SA 4704. Mrs. FISCHER (for herself and Mr. Grassley) submitted an 
amendment intended to be proposed to amendment SA 4685 proposed by Mr. 
McConnell (for Mr. Shelby (for himself and Ms. Mikulski)) to the bill 
H.R. 2578, making appropriations for the Departments of Commerce and 
Justice, Science, and Related Agencies for the fiscal year ending 
September 30, 2016, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place in title II, insert the following:
       Sec. __.  None of the funds appropriated or otherwise made 
     available for the immediate Office of the Deputy Attorney 
     General under the heading ``salaries and expenses'' under the 
     heading ``General Administration'' under this title may be 
     obligated or expended until the date on which the Deputy 
     Attorney General submits to Congress a plan for the 
     Department of Justice to monitor the effects of the licensing 
     of the cultivation, processing, distribution, and retail sale 
     of marijuana or marijuana products under State law on the 
     marijuana enforcement policies of the Federal Government, 
     including preventing the distribution of marijuana to minors, 
     preventing the diversion of marijuana to States where it 
     remains illegal under State law, and preventing the 
     exacerbation of public health consequences associated with 
     marijuana use, in accordance with the 2013 marijuana 
     enforcement policy guidance of the Department of Justice, 
     which shall include--
       (1) a description of the various data the Deputy Attorney 
     General will use to monitor such effects and the limitations 
     of this data;
       (2) a description of how the Deputy Attorney General will 
     use the information sources in its monitoring efforts to help 
     inform decisions on whether States are effectively protecting 
     the marijuana enforcement priorities of the Federal 
     Government, including the use, if any, of pre-established 
     metrics; and
       (3) a description of how the Deputy Attorney General will 
     decide whether a State's failure to effectively protect these 
     priorities necessitates Federal action to challenge a State's 
     regulatory system.
                                 ______
                                 
  SA 4705. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2578, making appropriations for the Departments of 
Commerce and Justice, Science, and Related Agencies for the fiscal year 
ending September 30, 2016, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___. (a) The Department of Justice shall condition the 
     receipt of funds made available to State and local law 
     enforcement agencies on the agency adopting a policy 
     prohibiting the use of race, color, religion, national 
     origin, sex, sexual orientation, and gender identity as a 
     factor in its law enforcement activities, except with respect 
     to suspect-specific information that includes a racial, 
     ethnic, religious or other protected category identifier.
       (b) The State and local law enforcement policies described 
     in subsection (a) shall be consistent with the memorandum 
     issued by the Department of Justice on December 2014 entitled 
     ``Guidance for Federal Law Enforcement Agencies Regarding the 
     Use of Race, Ethnicity, Gender, National Origin, Religion, 
     Sexual Orientation, or Gender Identity''.
       (c) The Department of Justice shall have the authority to 
     engage in compliance reviews of State and local law 
     enforcement agencies in terms of implementation of the 
     guidance described in subsection (b).
       (d) The Department of Justice shall submit to Congress a 
     report on its efforts to systematically train State and local 
     law enforcement agencies to comply with the guidance 
     described in subsection (b), including providing model 
     policies and model training manuals.
                                 ______
                                 
  SA 4706. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2578, making appropriations for the Departments of 
Commerce and Justice, Science, and Related Agencies for the fiscal year 
ending September 30, 2016, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___.  The Department of Justice shall condition the 
     receipt of funds made available to State and local law 
     enforcement agencies on the agency collecting data on the use 
     of race, ethnicity, gender, national origin, or religion in 
     its law enforcement activities.
                                 ______
                                 
  SA 4707. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2578, making appropriations for the Departments of 
Commerce and Justice, Science, and Related Agencies for the fiscal year

[[Page S4003]]

ending September 30, 2016, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___.  The Department of Justice shall--
       (1) instruct the Bureau of Prisons to take administrative 
     steps immediately to provide information to incarcerated 
     individuals regarding voting rights restoration upon release 
     and return to their home State;
       (2) instruct United States attorneys to provide notice to 
     defendants in Federal criminal cases regarding the loss of 
     their right to vote as a result of a plea agreement to any 
     disfranchising crime, whether misdemeanor or felony; and
       (3) not later than 180 days after the date of enactment of 
     this Act, submit to Congress a report that includes findings 
     on the disproportionate impact of criminal disenfranchisement 
     laws on minority populations, including data on 
     disfranchisement rates by race and ethnicity.
                                 ______
                                 
  SA 4708. Mr. WYDEN (for himself and Mr. Merkley) submitted an 
amendment intended to be proposed to amendment SA 4685 proposed by Mr. 
McConnell (for Mr. Shelby (for himself and Ms. Mikulski)) to the bill 
H.R. 2578, making appropriations for the Departments of Commerce and 
Justice, Science, and Related Agencies for the fiscal year ending 
September 30, 2016, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 48, line 24, insert ``$5,000,0000 is for emergency 
     law enforcement assistance, as authorized by section 609M of 
     the Justice Assistance Act of 1984 (42 U.S.C. 10513),'' after 
     ``subpart 1,''.
                                 ______
                                 
  SA 4709. Mrs. FEINSTEIN (for herself, Mr. Leahy, Mr. Nelson, Mr. 
Reid, Mr. Durbin, Mr. Schumer, Ms. Mikulski, Mrs. Boxer, Mr. Booker, 
Mr. Udall, Mr. Carper, Mr. Markey, Mr. Whitehouse, Mr. Menendez, Mr. 
Warner, Mr. Kaine, Mr. Coons, Mr. Blumenthal, Mrs. Murray, Mr. Casey, 
Mr. Brown, Mrs. Gillibrand, Mr. King, Mr. Schatz, Ms. Klobuchar, and 
Mr. Murphy) submitted an amendment intended to be proposed to amendment 
SA 4685 proposed by Mr. McConnell (for Mr. Shelby (for himself and Ms. 
Mikulski)) to the bill H.R. 2578, making appropriations for the 
Departments of Commerce and Justice, Science, and Related Agencies for 
the fiscal year ending September 30, 2016, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. AUTHORITY TO DENY TRANSFERS OF FIREARMS TO 
                   TERRORISTS.

       Hereafter, the Attorney General may deny the transfer of a 
     firearm if the Attorney General determines, based on the 
     totality of the circumstances, that the transferee represents 
     a threat to public safety based on a reasonable suspicion 
     that the transferee is engaged, or has been engaged, in 
     conduct constituting, in preparation for, in aid of, or 
     related to terrorism, or providing material support or 
     resources thereof. A denial described in this section shall 
     be subject to the remedial procedures set forth in section 
     103(g) of Public Law 103-159 (18 U.S.C. 922 note) and the 
     intended transferee may pursue a remedy for an erroneous 
     denial of a firearm under section 925A(1) of title 18, United 
     States Code. Such remedial procedures and judicial review 
     shall be subject to procedures that may be developed by the 
     Attorney General to prevent the disclosure of information 
     that would likely compromise national security or ongoing law 
     enforcement operations, consistent with due process. The 
     Attorney General shall establish, within the amounts 
     appropriated, procedures to ensure that, if an individual who 
     is, or within the previous 5 years has been, under 
     investigation for conduct related to a Federal crime of 
     terrorism, as defined in section 2332b(g)(5) of title 18, 
     United States Code, attempts to purchase a firearm, the 
     Attorney General or a designee of the Attorney General shall 
     be promptly notified of the attempted purchase.
                                 ______
                                 
  SA 4710. Mrs. FISCHER submitted an amendment intended to be proposed 
to amendment SA 4685 proposed by Mr. McConnell (for Mr. Shelby (for 
himself and Ms. Mikulski)) to the bill H.R. 2578, making appropriations 
for the Departments of Commerce and Justice, Science, and Related 
Agencies for the fiscal year ending September 30, 2016, and for other 
purposes; which was ordered to lie on the table; as follows:

       After section 113, insert the following:
       Sec. 114.  The Bureau of the Census shall submit to the 
     Committee on Appropriations of the Senate and the Committee 
     on Appropriations of the House of Representatives a report on 
     the efforts of the Bureau of the Census to evaluate and, 
     where possible, reduce the number of questions included in 
     the Management and Organizational Practices Survey, and the 
     steps being taken to ensure that the Survey is conducted as 
     efficiently and unobtrusively as possible.
                                 ______
                                 
  SA 4711. Mrs. FISCHER submitted an amendment intended to be proposed 
to amendment SA 4685 proposed by Mr. McConnell (for Mr. Shelby (for 
himself and Ms. Mikulski)) to the bill H.R. 2578, making appropriations 
for the Departments of Commerce and Justice, Science, and Related 
Agencies for the fiscal year ending September 30, 2016, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 6, line 25, strike ``$1,248,319,000,'' and insert 
     ``$1,100,319,000,''.
                                 ______
                                 
  SA 4712. Mr. BURR submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by Mr. McConnell (for Mr. Shelby (for 
himself and Ms. Mikulski)) to the bill H.R. 2578, making appropriations 
for the Departments of Commerce and Justice, Science, and Related 
Agencies for the fiscal year ending September 30, 2016, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. STUDY ON GAPS IN NEXRAD COVERAGE AND REQUIREMENT FOR 
                   PLAN TO ADDRESS SUCH GAPS.

       (a) Study on Gaps in NEXRAD Coverage.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Commerce shall 
     complete a study on gaps in the coverage of the Next 
     Generation Weather Radar of the National Weather Service 
     (referred to in this section as ``NEXRAD'').
       (2) Elements.--In conducting the study required under 
     paragraph (1), the Secretary shall--
       (A) identify areas in the United States with limited or no 
     NEXRAD coverage below 6,000 feet above ground level of the 
     surrounding terrain, particularly metropolitan areas lacking 
     sufficient NEXRAD coverage;
       (B) for the areas identified under subparagraph (A)--
       (i) identify the key weather effects for which prediction 
     would improve with improved radar detection;
       (ii) identify additional sources of observations for high 
     impact weather that were available and operational for such 
     areas on the day before the date of the enactment of this 
     Act, including Terminal Doppler Weather Radar (commonly known 
     as ``TDWR''), air surveillance radars of the Federal Aviation 
     Administration, and cooperative network observers; and
       (iii) assess the feasibility and advisability of efforts to 
     integrate and upgrade Federal radar capabilities that are not 
     owned or controlled by the National Oceanic and Atmospheric 
     Administration, including radar capabilities of the Federal 
     Aviation Administration and the Department of Defense;
       (C) assess the feasibility and advisability of 
     incorporating State-operated and other non-Federal radars 
     into the operations of the National Weather Service;
       (D) identify options to improve radar coverage in the areas 
     identified under subparagraph (A); and
       (E) estimate the cost of, and develop a timeline for, 
     carrying out each of the options identified under 
     subparagraph (D).
       (3) Report.--Upon the completion of the study required 
     under paragraph (1), the Secretary shall submit a report to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate, the Committee on Appropriations of the Senate, the 
     Committee on Science, Space, and Technology of the House of 
     Representatives, and the Committee on Appropriations of the 
     House of Representatives that includes the findings of the 
     Secretary with respect to the study.
       (b) Plan to Improve Radar Coverage.--Not later than 30 days 
     after the completion of the study under subsection (a)(1), 
     the Secretary of Commerce shall submit a plan to the 
     congressional committees referred to in subsection (a)(3) for 
     improving radar coverage in the areas identified under 
     subsection (a)(2)(A) by integrating and upgrading, to the 
     extent practicable, additional observation solutions to 
     improve hazardous weather detection and forecasting.
       (c) Requirement for Third-party Reviews Regarding Plan to 
     Improve Radar Coverage.--The Secretary of Commerce shall seek 
     third-party reviews on scientific methodology relating to, 
     and the feasibility and advisability of, implementing the 
     plan submitted under subsection (b), including the extent to 
     which warning and forecast services of the National Weather 
     Service would be improved by additional NEXRAD coverage.
                                 ______
                                 
  SA 4713. Mr. BURR submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by Mr. McConnell (for Mr. Shelby (for 
himself and Ms. Mikulski)) to the bill H.R. 2578, making appropriations 
for the Departments of Commerce and Justice, Science, and Related 
Agencies for the fiscal year ending September 30, 2016, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

[[Page S4004]]

  


     SEC. ___. BRUNSWICK COUNTY.

       (a) In General.--Notwithstanding any other provision of 
     law, for the purpose of the delineation of metropolitan 
     statistical areas, the Director of the Office of Management 
     and Budget shall consider Brunswick County, North Carolina to 
     be part of the same metropolitan statistical area that 
     contains Wilmington, North Carolina.
       (b) Sunset.--Subsection (a) shall cease to be effective on 
     January 1, 2021.
                                 ______
                                 
  SA 4714. Mr. HELLER submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by Mr. McConnell (for Mr. Shelby (for 
himself and Ms. Mikulski)) to the bill H.R. 2578, making appropriations 
for the Departments of Commerce and Justice, Science, and Related 
Agencies for the fiscal year ending September 30, 2016, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. NO BUDGET, NO PAY.

       (a) Short Title.--This section may be cited as the ``No 
     Budget, No Pay Act''.
       (b) Definition.--In this section, the term ``Member of 
     Congress''--
       (1) has the meaning given under section 2106 of title 5, 
     United States Code; and
       (2) does not include the Vice President.
       (c) Timely Approval of Concurrent Resolution on the Budget 
     and the Appropriations Bills.--If both Houses of Congress 
     have not approved a concurrent resolution on the budget as 
     described under section 301 of the Congressional Budget and 
     Impoundment Control Act of 1974 (2 U.S.C. 632) for a fiscal 
     year before October 1 of that fiscal year and have not passed 
     all the regular appropriations bills for the next fiscal year 
     before October 1 of that fiscal year, the pay of each Member 
     of Congress may not be paid for each day following that 
     October 1 until the date on which both Houses of Congress 
     approve a concurrent resolution on the budget for that fiscal 
     year and all the regular appropriations bills.
       (d) No Pay Without Concurrent Resolution on the Budget and 
     the Appropriations Bills.--
       (1) In general.--Notwithstanding any other provision of 
     law, no funds may be appropriated or otherwise be made 
     available from the United States Treasury for the pay of any 
     Member of Congress during any period determined by the 
     Chairpersons of the Committee on the Budget and the Committee 
     on Appropriations of the Senate or the Chairpersons of the 
     Committee on the Budget and the Committee on Appropriations 
     of the House of Representatives under subsection (e).
       (2) No retroactive pay.--A Member of Congress may not 
     receive pay for any period determined by the Chairpersons of 
     the Committee on the Budget and the Committee on 
     Appropriations of the Senate or the Chairpersons of the 
     Committee on the Budget and the Committee on Appropriations 
     of the House of Representatives under subsection (e), at any 
     time after the end of that period.
       (e) Determinations.--
       (1) Senate.--
       (A) Request for certifications.--On October 1 of each year, 
     the Secretary of the Senate shall submit a request to the 
     Chairpersons of the Committee on the Budget and the Committee 
     on Appropriations of the Senate for certification of 
     determinations made under clause (i) and (ii) of subparagraph 
     (B).
       (B) Determinations.--The Chairpersons of the Committee on 
     the Budget and the Committee on Appropriations of the Senate 
     shall--
       (i) on October 1 of each year, make a determination of 
     whether Congress is in compliance with subsection (c) and 
     whether Senators may not be paid under that subsection;
       (ii) determine the period of days following each October 1 
     that Senators may not be paid under subsection (c); and
       (iii) provide timely certification of the determinations 
     under clauses (i) and (ii) upon the request of the Secretary 
     of the Senate.
       (2) House of representatives.--
       (A) Request for certifications.--On October 1 of each year, 
     the Chief Administrative Officer of the House of 
     Representatives shall submit a request to the Chairpersons of 
     the Committee on the Budget and the Committee on 
     Appropriations of the House of Representatives for 
     certification of determinations made under clauses (i) and 
     (ii) of subparagraph (B).
       (B) Determinations.--The Chairpersons of the Committee on 
     the Budget and the Committee on Appropriations of the House 
     of Representatives shall--
       (i) on October 1 of each year, make a determination of 
     whether Congress is in compliance with subsection (c) and 
     whether Members of the House of Representatives may not be 
     paid under that subsection;
       (ii) determine the period of days following each October 1 
     that Members of the House of Representatives may not be paid 
     under subsection (c); and
       (iii) provide timely certification of the determinations 
     under clauses (i) and (ii) upon the request of the Chief 
     Administrative Officer of the House of Representatives.
       (f) Effective Date.--This section shall take effect on 
     February 1, 2017.
                                 ______
                                 
  SA 4715. Mr. HELLER (for himself, Mr. Vitter, Mr. Crapo, Mr. Paul, 
Mr. Lee, and Mr. Cruz) submitted an amendment intended to be proposed 
to amendment SA 4685 proposed by Mr. McConnell (for Mr. Shelby (for 
himself and Ms. Mikulski)) to the bill H.R. 2578, making appropriations 
for the Departments of Commerce and Justice, Science, and Related 
Agencies for the fiscal year ending September 30, 2016, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title V, insert the following:
       Sec. __.  None of the funds made available in this Act may 
     be used to carry out the program known as ``Operation Choke 
     Point''.
                                 ______
                                 
  SA 4716. Mr. MANCHIN (for himself and Mr. Toomey) submitted an 
amendment intended to be proposed to amendment SA 4685 proposed by Mr. 
McConnell (for Mr. Shelby (for himself and Ms. Mikulski)) to the bill 
H.R. 2578, making appropriations for the Departments of Commerce and 
Justice, Science, and Related Agencies for the fiscal year ending 
September 30, 2016, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 107, between lines 9 and 10, insert the following:

   TITLE VI--PUBLIC SAFETY AND SECOND AMENDMENT RIGHTS PROTECTION ACT

     SECTION 601. SHORT TITLE.

       This title may be cited as the ``Public Safety and Second 
     Amendment Rights Protection Act of 2016''.

     SEC. 602. FINDINGS.

       Congress finds the following:
       (1) Congress supports, respects, and defends the 
     fundamental, individual right to keep and bear arms 
     guaranteed by the Second Amendment to the Constitution of the 
     United States.
       (2) Congress supports and reaffirms the existing 
     prohibition on a national firearms registry.
       (3) Congress believes the Department of Justice should 
     prosecute violations of background check requirements to the 
     maximum extent of the law.
       (4) There are deficits in the background check system in 
     existence prior to the date of enactment of this Act and the 
     Department of Justice should make it a top priority to work 
     with States to swiftly input missing records, including 
     mental health records.
       (5) Congress and the citizens of the United States agree 
     that in order to promote safe and responsible gun ownership, 
     dangerous criminals and the seriously mentally ill should be 
     prohibited from possessing firearms; therefore, it should be 
     incumbent upon all citizens to ensure weapons are not being 
     transferred to such people.

     SEC. 603. RULE OF CONSTRUCTION.

       Nothing in this title, or any amendment made by this title, 
     shall be construed to--
       (1) expand in any way the enforcement authority or 
     jurisdiction of the Bureau of Alcohol, Tobacco, Firearms, and 
     Explosives; or
       (2) allow the establishment, directly or indirectly, of a 
     Federal firearms registry.

     SEC. 604. SEVERABILITY.

       If any provision of this title or an amendment made by this 
     title, or the application of a provision or amendment to any 
     person or circumstance, is held to be invalid for any reason 
     in any court of competent jurisdiction, the remainder of this 
     title and amendments made by this title, and the application 
     of the provisions and amendment to any other person or 
     circumstance, shall not be affected.

Subtitle A--Ensuring That All Individuals Who Should Be Prohibited From 
  Buying a Gun Are Listed in the National Instant Criminal Background 
                              Check System

     SEC. 611. REAUTHORIZATION OF THE NATIONAL CRIMINAL HISTORY 
                   RECORDS IMPROVEMENT PROGRAM.

       Section 106(b) of Public Law 103-159 (18 U.S.C. 922 note) 
     is amended--
       (1) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``of this Act'' and inserting ``of the 
     Public Safety and Second Amendment Rights Protection Act of 
     2016''; and
       (2) by striking paragraph (2) and inserting the following:
       ``(2) Authorization of appropriations.--There are 
     authorized to be appropriated for grants under this 
     subsection $100,000,000 for each of fiscal years 2016 through 
     2019.''.

     SEC. 612. IMPROVEMENT OF METRICS AND INCENTIVES.

       Section 102(b) of the NICS Improvement Amendments Act of 
     2007 (18 U.S.C. 922 note) is amended to read as follows:
       ``(b) Implementation Plan.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Public Safety and Second Amendment Rights 
     Protection Act of 2016, the Attorney General, in coordination 
     with the States, shall establish for each State or Indian 
     tribal government desiring a grant under section 103 a 4-year 
     implementation plan to ensure maximum coordination and 
     automation of the reporting of records or making records 
     available to the National Instant Criminal Background Check 
     System.
       ``(2) Benchmark requirements.--Each 4-year plan established 
     under paragraph (1) shall include annual benchmarks, 
     including both qualitative goals and quantitative measures, 
     to assess implementation of the 4-year plan.

[[Page S4005]]

       ``(3) Penalties for non-compliance.--
       ``(A) In general.--During the 4-year period covered by a 4-
     year plan established under paragraph (1), the Attorney 
     General shall withhold--
       ``(i) 10 percent of the amount that would otherwise be 
     allocated to a State under section 505 of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the 
     State does not meet the benchmark established under paragraph 
     (2) for the first year in the 4-year period;
       ``(ii) 11 percent of the amount that would otherwise be 
     allocated to a State under section 505 of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the 
     State does not meet the benchmark established under paragraph 
     (2) for the second year in the 4-year period;
       ``(iii) 13 percent of the amount that would otherwise be 
     allocated to a State under section 505 of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the 
     State does not meet the benchmark established under paragraph 
     (2) for the third year in the 4-year period; and
       ``(iv) 15 percent of the amount that would otherwise be 
     allocated to a State under section 505 of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the 
     State does not meet the benchmark established under paragraph 
     (2) for the fourth year in the 4-year period.
       ``(B) Failure to establish a plan.--A State that fails to 
     establish a plan under paragraph (1) shall be treated as 
     having not met any benchmark established under paragraph 
     (2).''.

     SEC. 613. GRANTS TO STATES FOR IMPROVEMENT OF COORDINATION 
                   AND AUTOMATION OF NICS RECORD REPORTING.

       (a) In General.--The NICS Improvement Amendments Act of 
     2007 (18 U.S.C. 922 note) is amended--
       (1) by striking section 103 and inserting the following:

     ``SEC. 103. GRANTS TO STATES FOR IMPROVEMENT OF COORDINATION 
                   AND AUTOMATION OF NICS RECORD REPORTING.

       ``(a) Authorization.--From amounts made available to carry 
     out this section, the Attorney General shall make grants to 
     States, Indian Tribal governments, and State court systems, 
     in a manner consistent with the National Criminal History 
     Improvement Program and consistent with State plans for 
     integration, automation, and accessibility of criminal 
     history records, for use by the State, or units of local 
     government of the State, Indian Tribal government, or State 
     court system to improve the automation and transmittal of 
     mental health records and criminal history dispositions, 
     records relevant to determining whether a person has been 
     convicted of a misdemeanor crime of domestic violence, court 
     orders, and mental health adjudications or commitments to 
     Federal and State record repositories in accordance with 
     section 102 and the National Criminal History Improvement 
     Program.
       ``(b) Use of Grant Amounts.--Grants awarded to States, 
     Indian Tribal governments, or State court systems under this 
     section may only be used to--
       ``(1) carry out, as necessary, assessments of the 
     capabilities of the courts of the State or Indian Tribal 
     government for the automation and transmission of arrest and 
     conviction records, court orders, and mental health 
     adjudications or commitments to Federal and State record 
     repositories;
       ``(2) implement policies, systems, and procedures for the 
     automation and transmission of arrest and conviction records, 
     court orders, and mental health adjudications or commitments 
     to Federal and State record repositories;
       ``(3) create electronic systems that provide accurate and 
     up-to-date information which is directly related to checks 
     under the National Instant Criminal Background Check System, 
     including court disposition and corrections records;
       ``(4) assist States or Indian Tribal governments in 
     establishing or enhancing their own capacities to perform 
     background checks using the National Instant Criminal 
     Background Check System; and
       ``(5) develop and maintain the relief from disabilities 
     program in accordance with section 105.
       ``(c) Eligibility.--
       ``(1) In general.--To be eligible for a grant under this 
     section, a State, Indian Tribal government, or State court 
     system shall certify, to the satisfaction of the Attorney 
     General, that the State, Indian Tribal government, or State 
     court system--
       ``(A) is not prohibited by State law or court order from 
     submitting mental health records to the National Instant 
     Criminal Background Check System; and
       ``(B) subject to paragraph (2), has implemented a relief 
     from disabilities program in accordance with section 105.
       ``(2) Relief from disabilities program.--For purposes of 
     obtaining a grant under this section, a State, Indian Tribal 
     government, or State court system shall not be required to 
     meet the eligibility requirement described in paragraph 
     (1)(B) until the date that is 2 years after the date of 
     enactment of the Public Safety and Second Amendment Rights 
     Protection Act of 2016.
       ``(d) Federal Share.--
       ``(1) Studies, assessments, non-material activities.--The 
     Federal share of a study, assessment, creation of a task 
     force, or other non-material activity, as determined by the 
     Attorney General, carried out with a grant under this section 
     shall be not more than 25 percent.
       ``(2) Infrastructure or system development.--The Federal 
     share of an activity involving infrastructure or system 
     development, including labor-related costs, for the purpose 
     of improving State or Indian Tribal government record 
     reporting to the National Instant Criminal Background Check 
     System carried out with a grant under this section may amount 
     to 100 percent of the cost of the activity.
       ``(e) Grants to Indian Tribes.--Up to 5 percent of the 
     grant funding available under this section may be reserved 
     for Indian tribal governments for use by Indian tribal 
     judicial systems.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $100,000,000 for each of fiscal years 2016 through 2019.'';
       (2) by striking title III; and
       (3) in section 401(b), by inserting after ``of this Act'' 
     the following: ``and 18 months after the date of enactment of 
     the Public Safety and Second Amendment Rights Protection Act 
     of 2016''.
       (b) Technical and Conforming Amendment.--The table of 
     sections in section 1(b) of the NICS Improvement Amendments 
     Act of 2007 (18 U.S.C. 922 note) is amended by striking the 
     item relating to section 103 and inserting the following:

``Sec. 103. Grants to States for improvement of coordination and 
              automation of NICS record reporting.''.

     SEC. 614. RELIEF FROM DISABILITIES PROGRAM.

       Section 105 of the NICS Improvement Amendments Act of 2007 
     (18 U.S.C. 922 note) is amended by adding at the end the 
     following:
       ``(c) Penalties for Non-compliance.--
       ``(1) 10 percent reduction.--During the 1-year period 
     beginning 2 years after the date of enactment of the Public 
     Safety and Second Amendment Rights Protection Act of 2016, 
     the Attorney General shall withhold 10 percent of the amount 
     that would otherwise be allocated to a State under section 
     505 of the Omnibus Crime Control and Safe Streets Act of 1968 
     (42 U.S.C. 3755) if the State has not implemented a relief 
     from disabilities program in accordance with this section.
       ``(2) 11 percent reduction.--During the 1-year period after 
     the expiration of the period described in paragraph (1), the 
     Attorney General shall withhold 11 percent of the amount that 
     would otherwise be allocated to a State under section 505 of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3755) if the State has not implemented a relief from 
     disabilities program in accordance with this section.
       ``(3) 13 percent reduction.--During the 1-year period after 
     the expiration of the period described in paragraph (2), the 
     Attorney General shall withhold 13 percent of the amount that 
     would otherwise be allocated to a State under section 505 of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3755) if the State has not implemented a relief from 
     disabilities program in accordance with this section.
       ``(4) 15 percent reduction.--After the expiration of the 1-
     year period described in paragraph (3), the Attorney General 
     shall withhold 15 percent of the amount that would otherwise 
     be allocated to a State under section 505 of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) 
     if the State has not implemented a relief from disabilities 
     program in accordance with this section.''.

     SEC. 615. ADDITIONAL PROTECTIONS FOR OUR VETERANS.

       (a) In General.--Chapter 55 of title 38, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 5511. Conditions for treatment of certain persons as 
       adjudicated mentally incompetent for certain purposes

       ``(a) In General.--In any case arising out of the 
     administration by the Secretary of laws and benefits under 
     this title, a person who is determined by the Secretary to be 
     mentally incompetent shall not be considered adjudicated 
     pursuant to subsection (d)(4) or (g)(4) of section 922 of 
     title 18 until--
       ``(1) in the case in which the person does not request a 
     review as described in subsection (c)(1), the end of the 30-
     day period beginning on the date on which the person receives 
     notice submitted under subsection (b); or
       ``(2) in the case in which the person requests a review as 
     described in paragraph (1) of subsection (c), upon an 
     assessment by the board designated or established under 
     paragraph (2) of such subsection or court of competent 
     jurisdiction that a person cannot safely use, carry, possess, 
     or store a firearm due to mental incompetency.
       ``(b) Notice.--Notice submitted under this subsection to a 
     person described in subsection (a) is notice submitted by the 
     Secretary that notifies the person of the following:
       ``(1) The determination made by the Secretary.
       ``(2) A description of the implications of being considered 
     adjudicated as a mental defective under subsection (d)(4) or 
     (g)(4) of section 922 of title 18.
       ``(3) The person's right to request a review under 
     subsection (c)(1).
       ``(c) Administrative Review.--(1) Not later than 30 days 
     after the date on which a person described in subsection (a) 
     receives notice submitted under subsection (b), such person 
     may request a review by the board designed or established 
     under paragraph (2) or a court

[[Page S4006]]

     of competent jurisdiction to assess whether a person cannot 
     safely use, carry, possess, or store a firearm due to mental 
     incompetency. In such assessment, the board may consider the 
     person's honorable discharge or decoration.
       ``(2) Not later than 180 days after the date of enactment 
     of the Public Safety and Second Amendment Rights Protection 
     Act of 2016, the Secretary shall designate or establish a 
     board that shall, upon request of a person under paragraph 
     (1), assess whether a person cannot safely use, carry, 
     possess, or store a firearm due to mental incompetency.
       ``(d) Judicial Review.--Not later than 30 days after the 
     date of an assessment of a person under subsection (c) by the 
     board designated or established under paragraph (2) of such 
     subsection, such person may file a petition for judicial 
     review of such assessment with a Federal court of competent 
     jurisdiction.
       ``(e) Protecting Rights of Veterans With Existing 
     Records.--Not later than 90 days after the date of enactment 
     of the Public Safety and Second Amendment Rights Protection 
     Act of 2016, the Secretary shall provide written notice of 
     the opportunity for administrative review and appeal under 
     subsection (c) to all persons who, on the date of enactment 
     of the Public Safety and Second Amendment Rights Protection 
     Act of 2016, are considered adjudicated pursuant to 
     subsection (d)(4) or (g)(4) of section 922 of title 18 as a 
     result of having been found by the Department of Veterans 
     Affairs to be mentally incompetent.
       ``(f) Future Determinations.--
       ``(1) In general.--Not later than 180 days after the 
     enactment of the Public Safety and Second Amendment Rights 
     Protection Act of 2016, the Secretary shall review the 
     policies and procedures by which individuals are determined 
     to be mentally incompetent, and shall revise such policies 
     and procedures as necessary to ensure that any individual who 
     is competent to manage his own financial affairs, including 
     his receipt of Federal benefits, but who voluntarily turns 
     over the management thereof to a fiduciary is not considered 
     adjudicated pursuant to subsection (d)(4) or (g)(4) of 
     section 922 of title 18.
       ``(2) Report.--Not later than 30 days after the Secretary 
     has made the review and changes required under paragraph (1), 
     the Secretary shall submit to Congress a report detailing the 
     results of the review and any resulting policy and procedural 
     changes.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 55 of such title is amended by adding at 
     the end the following new item:

``5511. Conditions for treatment of certain persons as adjudicated 
              mentally incompetent for certain purposes.''.

       (c) Applicability.--Section 5511 of title 38, United States 
     Code (as added by this section), shall apply only with 
     respect to persons who are determined by the Secretary of 
     Veterans Affairs, on or after the date of the enactment of 
     this Act, to be mentally incompetent, except that those 
     persons who are provided notice pursuant to section 5511(e) 
     shall be entitled to use the administrative review under 
     section 5511(c) and, as necessary, the subsequent judicial 
     review under section 5511(d).

     SEC. 616. CLARIFICATION THAT FEDERAL COURT INFORMATION IS TO 
                   BE MADE AVAILABLE TO THE NATIONAL INSTANT 
                   CRIMINAL BACKGROUND CHECK SYSTEM.

       Section 103(e)(1) of Public Law 103-159 (18 U.S.C. 922 
     note), is amended by adding at the end the following:
       ``(F) Application to federal courts.--In this subsection--
       ``(i) the terms `department or agency of the United States' 
     and `Federal department or agency' include a Federal court; 
     and
       ``(ii) for purposes of any request, submission, or 
     notification, the Director of the Administrative Office of 
     the United States Courts shall perform the functions of the 
     head of the department or agency.''.

     SEC. 617. CLARIFICATION THAT SUBMISSION OF MENTAL HEALTH 
                   RECORDS TO THE NATIONAL INSTANT CRIMINAL 
                   BACKGROUND CHECK SYSTEM IS NOT PROHIBITED BY 
                   THE HEALTH INSURANCE PORTABILITY AND 
                   ACCOUNTABILITY ACT.

       Information collected under section 102(c)(3) of the NICS 
     Improvement Amendments Act of 2007 (18 U.S.C. 922 note) to 
     assist the Attorney General in enforcing section 922(g)(4) of 
     title 18, United States Code, shall not be subject to the 
     regulations promulgated under section 264(c) of the Health 
     Insurance Portability and Accountability Act of 1996 (42 
     U.S.C. 1320d-2 note).

     SEC. 618. PUBLICATION OF NICS INDEX STATISTICS.

       Not later than 180 days after the date of enactment of this 
     Act, and biannually thereafter, the Attorney General shall 
     make the National Instant Criminal Background Check System 
     index statistics available on a publically accessible 
     Internet website.

     SEC. 619. EFFECTIVE DATE.

       The amendments made by this subtitle shall take effect 180 
     days after the date of enactment of this Act.

  Subtitle B--Providing a Responsible and Consistent Background Check 
                                Process

     SEC. 621. PURPOSE.

       The purpose of this subtitle is to enhance the current 
     background check process in the United States to ensure 
     criminals and the mentally ill are not able to purchase 
     firearms.

     SEC. 622. FIREARMS TRANSFERS.

       (a) In General.--Section 922 of title 18, United States 
     Code, is amended--
       (1) by repealing subsection (s);
       (2) by redesignating subsection (t) as subsection (s);
       (3) in subsection (s), as redesignated--
       (A) in paragraph (1)(B)--
       (i) in clause (i), by striking ``or'';
       (ii) in clause (ii), by striking ``and'' at the end; and
       (iii) by adding at the end the following:
       ``(iii) in the case of an instant background check 
     conducted at a gun show or event during the 4-year period 
     beginning on the effective date under section 630(a) of the 
     Public Safety and Second Amendment Rights Protection Act of 
     2016, 48 hours have elapsed since the licensee contacted the 
     system, and the system has not notified the licensee that the 
     receipt of a firearm by such other person would violate 
     subsection (g) or (n) of this section; or
       ``(iv) in the case of an instant background check conducted 
     at a gun show or event after the 4-year period described in 
     clause (iii), 24 hours have elapsed since the licensee 
     contacted the system, and the system has not notified the 
     licensee that the receipt of a firearm by such other person 
     would violate subsection (g) or (n) of this section; and'';
       (B) in paragraph (3)(C)(ii), by striking ``(as defined in 
     subsection (s)(8))''; and
       (C) by adding at the end the following:
       ``(7) In this subsection--
       ``(A) the term `chief law enforcement officer' means the 
     chief of police, the sheriff, or an equivalent officer or the 
     designee of any such individual; and
       ``(B) the term `gun show or event' has the meaning given 
     the term in subsection (t)(7).
       ``(8) The Federal Bureau of Investigation shall not charge 
     a user fee for a background check conducted pursuant to this 
     subsection.
       ``(9) Notwithstanding any other provision of this chapter, 
     upon receiving a request for an instant background check that 
     originates from a gun show or event, the system shall 
     complete the instant background check before completing any 
     pending instant background check that did not originate from 
     a gun show or event.''; and
       (4) by inserting after subsection (s), as redesignated, the 
     following:
       ``(t)(1) Beginning on the date that is 180 days after the 
     date of enactment of this subsection and except as provided 
     in paragraph (2), it shall be unlawful for any person other 
     than a licensed dealer, licensed manufacturer, or licensed 
     importer to complete the transfer of a firearm to any other 
     person who is not licensed under this chapter, if such 
     transfer occurs--
       ``(A) at a gun show or event, on the curtilage thereof; or
       ``(B) pursuant to an advertisement, posting, display or 
     other listing on the Internet or in a publication by the 
     transferor of his intent to transfer, or the transferee of 
     his intent to acquire, the firearm.
       ``(2) Paragraph (1) shall not apply if--
       ``(A) the transfer is made after a licensed importer, 
     licensed manufacturer, or licensed dealer has first taken 
     possession of the firearm for the purpose of complying with 
     subsection (s), and upon taking possession of the firearm, 
     the licensee--
       ``(i) complies with all requirements of this chapter as if 
     the licensee were transferring the firearm from the 
     licensee's business inventory to the unlicensed transferee, 
     except that when processing a transfer under this chapter the 
     licensee may accept in lieu of conducting a background check 
     a valid permit issued within the previous 5 years by a State, 
     or a political subdivision of a State, that allows the 
     transferee to possess, acquire, or carry a firearm, if the 
     law of the State, or political subdivision of a State, that 
     issued the permit requires that such permit is issued only 
     after an authorized government official has verified that the 
     information available to such official does not indicate that 
     possession of a firearm by the unlicensed transferee would be 
     in violation of Federal, State, or local law;
       ``(B) the transfer is made between an unlicensed transferor 
     and an unlicensed transferee residing in the same State, 
     which takes place in such State, if--
       ``(i) the Attorney General certifies that State in which 
     the transfer takes place has in effect requirements under law 
     that are generally equivalent to the requirements of this 
     section; and
       ``(ii) the transfer was conducted in compliance with the 
     laws of the State;
       ``(C) the transfer is made between spouses, between parents 
     or spouses of parents and their children or spouses of their 
     children, between siblings or spouses of siblings, or between 
     grandparents or spouses of grandparents and their 
     grandchildren or spouses of their grandchildren, or between 
     aunts or uncles or their spouses and their nieces or nephews 
     or their spouses, or between first cousins, if the transferor 
     does not know or have reasonable cause to believe that the 
     transferee is prohibited from receiving or possessing a 
     firearm under Federal, State, or local law; or
       ``(D) the Attorney General has approved the transfer under 
     section 5812 of the Internal Revenue Code of 1986.
       ``(3) A licensed importer, licensed manufacturer, or 
     licensed dealer who processes a transfer of a firearm 
     authorized under paragraph (2)(A) shall not be subject to a 
     license revocation or license denial based solely upon a 
     violation of those paragraphs, or a

[[Page S4007]]

     violation of the rules or regulations promulgated under this 
     paragraph, unless the licensed importer, licensed 
     manufacturer, or licensed dealer--
       ``(A) knows or has reasonable cause to believe that the 
     information provided for purposes of identifying the 
     transferor, transferee, or the firearm is false;
       ``(B) knows or has reasonable cause to believe that the 
     transferee is prohibited from purchasing, receiving, or 
     possessing a firearm by Federal or State law, or published 
     ordinance; or
       ``(C) knowingly violates any other provision of this 
     chapter, or the rules or regulations promulgated thereunder.
       ``(4)(A) Notwithstanding any other provision of this 
     chapter, except for section 923(m), the Attorney General may 
     implement this subsection with regulations.
       ``(B) Regulations promulgated under this paragraph may not 
     include any provision requiring licensees to facilitate 
     transfers in accordance with paragraph (2)(A).
       ``(C) Regulations promulgated under this paragraph may not 
     include any provision requiring persons not licensed under 
     this chapter to keep records of background checks or firearms 
     transfers.
       ``(D) Regulations promulgated under this paragraph may not 
     include any provision placing a cap on the fee licensees may 
     charge to facilitate transfers in accordance with paragraph 
     (2)(A).
       ``(5)(A) A person other than a licensed importer, licensed 
     manufacturer, or licensed dealer, who makes a transfer of a 
     firearm in accordance with this section, or who is the 
     organizer of a gun show or event at which such transfer 
     occurs, shall be immune from a qualified civil liability 
     action relating to the transfer of the firearm as if the 
     person were a seller of a qualified product.
       ``(B) A provider of an interactive computer service shall 
     be immune from a qualified civil liability action relating to 
     the transfer of a firearm as if the provider of an 
     interactive computer service were a seller of a qualified 
     product.
       ``(C) In this paragraph--
       ``(i) the term `interactive computer service' shall have 
     the meaning given the term in section 230(f) of the 
     Communications Act of 1934 (47 U.S.C. 230(f)); and
       ``(ii) the terms `qualified civil liability action', 
     `qualified product', and `seller' shall have the meanings 
     given the terms in section 4 of the Protection of Lawful 
     Commerce in Arms Act (15 U.S.C. 7903).
       ``(D) Nothing in this paragraph shall be construed to 
     affect the immunity of a provider of an interactive computer 
     service under section 230 of the Communications Act of 1934 
     (47 U.S.C. 230).
       ``(6) In any civil liability action in any State or Federal 
     court arising from the criminal or unlawful use of a firearm 
     following a transfer of such firearm for which no background 
     check was required under this section, this section shall not 
     be construed--
       ``(A) as creating a cause of action for any civil 
     liability; or
       ``(B) as establishing any standard of care.
       ``(7) For purposes of this subsection, the term `gun show 
     or event'--
       ``(A) means any event at which 75 or more firearms are 
     offered or exhibited for sale, exchange, or transfer, if 1 or 
     more of the firearms has been shipped or transported in, or 
     otherwise affects, interstate or foreign commerce; and
       ``(B) does not include an offer or exhibit of firearms for 
     sale, exchange, or transfer by an individual from the 
     personal collection of that individual, at the private 
     residence of that individual, if the individual is not 
     required to be licensed under section 923.''.
       (b) Prohibiting the Seizure of Records or Documents.--
     Section 923(g)(1)(D) is amended by striking, ``The inspection 
     and examination authorized by this paragraph shall not be 
     construed as authorizing the Attorney General to seize any 
     records or other documents other than those records or 
     documents constituting material evidence of a violation of 
     law,'' and inserting the following: ``The Attorney General 
     shall be prohibited from seizing any records or other 
     documents in the course of an inspection or examination 
     authorized by this paragraph other than those records or 
     documents constituting material evidence of a violation of 
     law.''.
       (c) Prohibition of National Gun Registry.--Section 923 of 
     title 18, United States Code, is amended by adding at the end 
     the following:
       ``(m) The Attorney General may not consolidate or 
     centralize the records of the--
       ``(1) acquisition or disposition of firearms, or any 
     portion thereof, maintained by--
       ``(A) a person with a valid, current license under this 
     chapter;
       ``(B) an unlicensed transferor under section 922(t); or
       ``(2) possession or ownership of a firearm, maintained by 
     any medical or health insurance entity.''.
       (d) Technical and Conforming Amendments.--
       (1) Section 922.--Section 922(y)(2) of title 18, United 
     States Code, is amended, in the matter preceding subparagraph 
     (A), by striking ``, (g)(5)(B), and (s)(3)(B)(v)(II)'' and 
     inserting ``and (g)(5)(B)''.
       (2) Consolidated and further continuing appropriations act, 
     2012.--Section 511 of title V of division B of the 
     Consolidated and Further Continuing Appropriations Act, 2012 
     (18 U.S.C. 922 note) is amended by striking ``subsection 
     922(t)'' and inserting ``subsection (s) or (t) of section 
     922'' each place it appears.

     SEC. 623. PENALTIES.

       Section 924 of title 18, United States Code, is amended--
       (1) in subsection (a), by adding at the end the following:
       ``(8) Whoever makes or attempts to make a transfer of a 
     firearm in violation of section 922(t) to a person not 
     licensed under this chapter who is prohibited from receiving 
     a firearm under subsection (g) or (n) of section 922 or State 
     law, to a law enforcement officer, or to a person acting at 
     the direction of, or with the approval of, a law enforcement 
     officer authorized to investigate or prosecute violations of 
     section 922(t), shall be fined under this title, imprisoned 
     not more than 5 years, or both.''; and
       (2) by adding at the end the following:
       ``(q) Improper Use of Storage of Records.--Any person who 
     knowingly violates section 923(m) shall be fined under this 
     title, imprisoned not more than 15 years, or both.''.

     SEC. 624. FIREARMS DISPOSITIONS.

       Section 922(b)(3) of title 18, United States Code, is 
     amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``located'' and inserting ``located or temporarily located''; 
     and
       (2) in subparagraph (A)--
       (A) by striking ``rifle or shotgun'' and inserting 
     ``firearm'';
       (B) by striking ``located'' and inserting ``located or 
     temporarily located''; and
       (C) by striking ``both such States'' and inserting ``the 
     State in which the transfer is conducted and the State of 
     residence of the transferee''.

     SEC. 625. FIREARM DEALER ACCESS TO LAW ENFORCEMENT 
                   INFORMATION.

       Section 103(b) of Public Law 103-159 (18 U.S.C. 922 note), 
     is amended--
       (1) by striking ``Not later than'' and inserting the 
     following:
       ``(1) In general.--Not later than''; and
       (2) by adding at the end the following:
       ``(2) Voluntary background checks.--Not later than 90 days 
     after the date of enactment of the Public Safety and Second 
     Amendment Rights Protection Act of 2016, the Attorney General 
     shall promulgate regulations allowing licensees to use the 
     National Instant Criminal Background Check System established 
     under this section for purposes of conducting voluntary 
     preemployment background checks on prospective employees.''.

     SEC. 626. DEALER LOCATION.

       Section 923 of title 18, United States Code, is amended--
       (1) in subsection (j)--
       (A) in the first sentence, by striking ``, and such 
     location is in the State which is specified on the license''; 
     and
       (B) in the last sentence--
       (i) by inserting ``transfer,'' after ``sell,''; and
       (ii) by striking ``Act,'' and all that follows and 
     inserting ``Act.''; and
       (2) by adding after subsection (m), as added by section 
     622(c), the following:
       ``(n) Nothing in this chapter shall be construed to 
     prohibit the sale, transfer, delivery, or other disposition 
     of a firearm or ammunition not otherwise prohibited under 
     this chapter--
       ``(1) by a person licensed under this chapter to another 
     person so licensed, at any location in any State; or
       ``(2) by a licensed importer, licensed manufacturer, or 
     licensed dealer to a person not licensed under this chapter, 
     at a temporary location described in subsection (j) in any 
     State.''.

     SEC. 627. RESIDENCE OF UNITED STATES OFFICERS.

       Section 921 of title 18, United States Code, is amended by 
     striking subsection (b) and inserting the following:
       ``(b) For purposes of this chapter:
       ``(1) A member of the Armed Forces on active duty, or a 
     spouse of such a member, is a resident of--
       ``(A) the State in which the member or spouse maintains 
     legal residence;
       ``(B) the State in which the permanent duty station of the 
     member is located; and
       ``(C) the State in which the member maintains a place of 
     abode from which the member commutes each day to the 
     permanent duty station of the member.
       ``(2) An officer or employee of the United States (other 
     than a member of the Armed Forces) who is stationed outside 
     the United States for a period of more than 1 year, and a 
     spouse of such an officer or employee, is a resident of the 
     State in which the person maintains legal residence.''.

     SEC. 628. INTERSTATE TRANSPORTATION OF FIREARMS OR 
                   AMMUNITION.

       (a) In General.--Section 926A of title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 926A. Interstate transportation of firearms or 
       ammunition

       ``(a) Definition.--In this section, the term `transport'--
       ``(1) includes staying in temporary lodging overnight, 
     stopping for food, fuel, vehicle maintenance, an emergency, 
     medical treatment, and any other activity incidental to the 
     transport; and
       ``(2) does not include transportation--
       ``(A) with the intent to commit a crime punishable by 
     imprisonment for a term exceeding 1 year that involves a 
     firearm; or
       ``(B) with knowledge, or reasonable cause to believe, that 
     a crime described in subparagraph (A) is to be committed in 
     the course of, or arising from, the transportation.

[[Page S4008]]

       ``(b) Authorization.--Notwithstanding any provision of any 
     law (including a rule or regulation) of a State or any 
     political subdivision thereof, a person who is not prohibited 
     by this chapter from possessing, transporting, shipping, or 
     receiving a firearm or ammunition shall be entitled to--
       ``(1) transport a firearm for any lawful purpose from any 
     place where the person may lawfully possess, carry, or 
     transport the firearm to any other such place if, during the 
     transportation--
       ``(A) the firearm is unloaded; and
       ``(B)(i) if the transportation is by motor vehicle--
       ``(I) the firearm is not directly accessible from the 
     passenger compartment of the motor vehicle; or
       ``(II) if the motor vehicle is without a compartment 
     separate from the passenger compartment, the firearm is--

       ``(aa) in a locked container other than the glove 
     compartment or console; or
       ``(bb) secured by a secure gun storage or safety device; or

       ``(ii) if the transportation is by other means, the firearm 
     is in a locked container or secured by a secure gun storage 
     or safety device; and
       ``(2) transport ammunition for any lawful purpose from any 
     place where the person may lawfully possess, carry, or 
     transport the ammunition, to any other such place if, during 
     the transportation--
       ``(A) the ammunition is not loaded into a firearm; and
       ``(B)(i) if the transportation is by motor vehicle--
       ``(I) the ammunition is not directly accessible from the 
     passenger compartment of the motor vehicle; or
       ``(II) if the motor vehicle is without a compartment 
     separate from the passenger compartment, the ammunition is in 
     a locked container other than the glove compartment or 
     console; or
       ``(ii) if the transportation is by other means, the 
     ammunition is in a locked container.
       ``(c) Limitation on Arrest Authority.--A person who is 
     transporting a firearm or ammunition may not be--
       ``(1) arrested for violation of any law or any rule or 
     regulation of a State, or any political subdivision thereof, 
     relating to the possession, transportation, or carrying of 
     firearms or ammunition, unless there is probable cause that 
     the transportation is not in accordance with subsection (b); 
     or
       ``(2) detained for violation of any law or any rule or 
     regulation of a State, or any political subdivision thereof, 
     relating to the possession, transportation, or carrying of 
     firearms or ammunition, unless there is reasonable suspicion 
     that the transportation is not in accordance with subsection 
     (b).''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 44 of title 18, United States Code, is 
     amended by striking the item relating to section 926A and 
     inserting the following:

``926A. Interstate transportation of firearms or ammunition.''.

     SEC. 629. RULE OF CONSTRUCTION.

       Nothing in this subtitle, or an amendment made by this 
     subtitle, shall be construed--
       (1) to extend background check requirements to transfers 
     other than those made at gun shows or on the curtilage 
     thereof, or pursuant to an advertisement, posting, display, 
     or other listing on the Internet or in a publication by the 
     transferor of the intent of the transferor to transfer, or 
     the transferee of the intent of the transferee to acquire, 
     the firearm; or
       (2) to extend background check requirements to temporary 
     transfers for purposes including lawful hunting or sporting 
     or to temporary possession of a firearm for purposes of 
     examination or evaluation by a prospective transferee.

     SEC. 630. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b), this 
     subtitle and the amendments made by this subtitle shall take 
     effect 180 days after the date of enactment of this Act.
       (b) Firearm Dealer Access to Law Enforcement Information.--
     Section 625 and the amendments made by section 625 shall take 
     effect on the date of enactment of this Act.

            Subtitle C--National Commission on Mass Violence

     SEC. 641. SHORT TITLE.

       This subtitle may be cited as the ``National Commission on 
     Mass Violence Act of 2016''.

     SEC. 642. NATIONAL COMMISSION ON MASS VIOLENCE.

       (a) Establishment of Commission.--There is established a 
     commission to be known as the National Commission on Mass 
     Violence (in this subtitle referred to as the ``Commission'') 
     to study the availability and nature of firearms, including 
     the means of acquiring firearms, issues relating to mental 
     health, and all positive and negative impacts of the 
     availability and nature of firearms on incidents of mass 
     violence or in preventing mass violence.
       (b) Membership.--
       (1) Appointments.--The Commission shall be composed of 12 
     members, of whom--
       (A) 6 members of the Commission shall be appointed by the 
     Majority Leader of the Senate, in consultation with the 
     Democratic leadership of the House of Representatives, 1 of 
     whom shall serve as Chairman of the Commission; and
       (B) 6 members of the Commission shall be appointed by the 
     Speaker of the House of Representatives, in consultation with 
     the Republican leadership of the Senate, 1 of whom shall 
     serve as Vice Chairman of the Commission.
       (2) Persons eligible.--
       (A) In general.--The members appointed to the Commission 
     shall include--
       (i) well-known and respected individuals among their peers 
     in their respective fields of expertise; and
       (ii) not less than 1 non-elected individual from each of 
     the following categories, who has expertise in the category, 
     by both experience and training:

       (I) Firearms.
       (II) Mental health.
       (III) School safety.
       (IV) Mass media.

       (B) Experts.--In identifying the individuals to serve on 
     the Commission, the appointing authorities shall take special 
     care to identify experts in the fields described in section 
     643(a)(2).
       (C) Party affiliation.--Not more than 6 members of the 
     Commission shall be from the same political party.
       (3) Completion of appointments; vacancies.--Not later than 
     30 days after the date of enactment of this Act, the 
     appointing authorities under paragraph (1) shall each make 
     their respective appointments. Any vacancy that occurs during 
     the life of the Commission shall not affect the powers of the 
     Commission, and shall be filled in the same manner as the 
     original appointment not later than 30 days after the vacancy 
     occurs.
       (4) Operation of the commission.--
       (A) Meetings.--
       (i) In general.--The Commission shall meet at the call of 
     the Chairman.
       (ii) Initial meeting.--The initial meeting of the 
     Commission shall be conducted not later than 30 days after 
     the later of--

       (I) the date of the appointment of the last member of the 
     Commission; or
       (II) the date on which appropriated funds are available for 
     the Commission.

       (B) Quorum; vacancies; voting; rules.--A majority of the 
     members of the Commission shall constitute a quorum to 
     conduct business, but the Commission may establish a lesser 
     quorum for conducting hearings scheduled by the Commission. 
     Each member of the Commission shall have 1 vote, and the vote 
     of each member shall be accorded the same weight. The 
     Commission may establish by majority vote any other rules for 
     the conduct of the Commission's business, if such rules are 
     not inconsistent with this subtitle or other applicable law.

     SEC. 643. DUTIES OF THE COMMISSION.

       (a) Study.--
       (1) In general.--It shall be the duty of the Commission to 
     conduct a comprehensive factual study of incidents of mass 
     violence, including incidents of mass violence not involving 
     firearms, in the context of the many acts of senseless mass 
     violence that occur in the United States each year, in order 
     to determine the root causes of such mass violence.
       (2) Matters to be studied.--In determining the root causes 
     of these recurring and tragic acts of mass violence, the 
     Commission shall study any matter that the Commission 
     determines relevant to meeting the requirements of paragraph 
     (1), including at a minimum--
       (A) the role of schools, including the level of involvement 
     and awareness of teachers and school administrators in the 
     lives of their students and the availability of mental health 
     and other resources and strategies to help detect and counter 
     tendencies of students towards mass violence;
       (B) the effectiveness of and resources available for school 
     security strategies to prevent incidents of mass violence;
       (C) the role of families and the availability of mental 
     health and other resources and strategies to help families 
     detect and counter tendencies toward mass violence;
       (D) the effectiveness and use of, and resources available 
     to, the mental health system in understanding, detecting, and 
     countering tendencies toward mass violence, as well as the 
     effects of treatments and therapies;
       (E) whether medical doctors and other mental health 
     professionals have the ability, without negative legal or 
     professional consequences, to notify law enforcement 
     officials when a patient is a danger to himself or others;
       (F) the nature and impact of the alienation of the 
     perpetrators of such incidents of mass violence from their 
     schools, families, peer groups, and places of work;
       (G) the role that domestic violence plays in causing 
     incidents of mass violence;
       (H) the effect of depictions of mass violence in the media, 
     and any impact of such depictions on incidents of mass 
     violence;
       (I) the availability and nature of firearms, including the 
     means of acquiring such firearms, and all positive and 
     negative impacts of such availability and nature on incidents 
     of mass violence or in preventing mass violence;
       (J) the role of current prosecution rates in contributing 
     to the availability of weapons that are used in mass 
     violence;
       (K) the availability of information regarding the 
     construction of weapons, including explosive devices, and any 
     impact of such information on such incidents of mass 
     violence;
       (L) the views of law enforcement officials, religious 
     leaders, mental health experts, and other relevant officials 
     on the root causes and prevention of mass violence;

[[Page S4009]]

       (M) incidents in which firearms were used to stop mass 
     violence; and
       (N) any other area that the Commission determines 
     contributes to the causes of mass violence.
       (3) Testimony of victims and survivors.--In determining the 
     root causes of these recurring and tragic incidents of mass 
     violence, the Commission shall, in accordance with section 
     644(a), take the testimony of victims and survivors to learn 
     and memorialize their views and experiences regarding such 
     incidents of mass violence.
       (b) Recommendations.--Based on the findings of the study 
     required under subsection (a), the Commission shall make 
     recommendations to the President and Congress to address the 
     causes of these recurring and tragic incidents of mass 
     violence and to reduce such incidents of mass violence.
       (c) Reports.--
       (1) Interim report.--Not later than 3 months after the date 
     on which the Commission first meets, the Commission shall 
     submit to the President and Congress an interim report 
     describing any initial recommendations of the Commission.
       (2) Final report.--Not later than 6 months after the date 
     on which the Commission first meets, the Commission shall 
     submit to the President and Congress a comprehensive report 
     of the findings and conclusions of the Commission, together 
     with the recommendations of the Commission.
       (3) Summaries.--The report under paragraph (2) shall 
     include a summary of--
       (A) the reports submitted to the Commission by any entity 
     under contract for research under section 644(e); and
       (B) any other material relied on by the Commission in the 
     preparation of the report.

     SEC. 644. POWERS OF THE COMMISSION.

       (a) Hearings.--
       (1) In general.--The Commission may hold such hearings, sit 
     and act at such times and places, administer such oaths, take 
     such testimony, and receive such evidence as the Commission 
     considers advisable to carry out its duties under section 
     643.
       (2) Witness expenses.--Witnesses requested to appear before 
     the Commission shall be paid the same fees as are paid to 
     witnesses under section 1821 of title 28, United States Code.
       (b) Information From Federal Agencies.--The Commission may 
     secure directly from any Federal agency such information as 
     the Commission considers necessary to carry out its duties 
     under section 643. Upon the request of the Commission, the 
     head of such agency may furnish such information to the 
     Commission.
       (c) Information to Be Kept Confidential.--
       (1) In general.--The Commission shall be considered an 
     agency of the Federal Government for purposes of section 1905 
     of title 18, United States Code, and any individual employed 
     by any individual or entity under contract with the 
     Commission under subsection (d) shall be considered an 
     employee of the Commission for the purposes of section 1905 
     of title 18, United States Code.
       (2) Disclosure.--Information obtained by the Commission or 
     the Attorney General under this subtitle and shared with the 
     Commission, other than information available to the public, 
     shall not be disclosed to any person in any manner, except--
       (A) to Commission employees or employees of any individual 
     or entity under contract to the Commission under subsection 
     (d) for the purpose of receiving, reviewing, or processing 
     such information;
       (B) upon court order; or
       (C) when publicly released by the Commission in an 
     aggregate or summary form that does not directly or 
     indirectly disclose--
       (i) the identity of any person or business entity; or
       (ii) any information which could not be released under 
     section 1905 of title 18, United States Code.
       (d) Contracting for Research.--The Commission may enter 
     into contracts with any entity for research necessary to 
     carry out the duties of the Commission under section 643.

     SEC. 645. COMMISSION PERSONNEL MATTERS.

       (a) Compensation of Members.--Each member of the Commission 
     who is not an officer or employee of the Federal Government 
     shall be compensated at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which such member is engaged in the performance of the duties 
     of the Commission. All members of the Commission who are 
     officers or employees of the United States shall serve 
     without compensation in addition to that received for their 
     services as officers or employees of the United States.
       (b) Travel Expenses.--The members of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of service for the Commission.
       (c) Staff.--
       (1) In general.--The Chairman of the Commission may, 
     without regard to the civil service laws and regulations, 
     appoint and terminate an executive director and such other 
     additional employees as may be necessary to enable the 
     Commission to perform its duties. The employment and 
     termination of an executive director shall be subject to 
     confirmation by a majority of the members of the Commission.
       (2) Compensation.--The executive director shall be 
     compensated at a rate not to exceed the rate payable for 
     level V of the Executive Schedule under section 5316 of title 
     5, United States Code. The Chairman may fix the compensation 
     of other employees without regard to the provisions of 
     chapter 51 and subchapter III of chapter 53 of title 5, 
     United States Code, relating to classification of positions 
     and General Schedule pay rates, except that the rate of pay 
     for such employees may not exceed the rate payable for level 
     V of the Executive Schedule under section 5316 of such title.
       (3) Detail of government employees.--Any Federal Government 
     employee, with the approval of the head of the appropriate 
     Federal agency, may be detailed to the Commission without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status, benefits, or privilege.
       (d) Procurement of Temporary and Intermittent Services.--
     The Chairman of the Commission may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals not to exceed 
     the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of such title.

     SEC. 646. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Commission 
     and any agency of the Federal Government assisting the 
     Commission in carrying out its duties under this subtitle 
     such sums as may be necessary to carry out the purposes of 
     this subtitle. Any sums appropriated shall remain available, 
     without fiscal year limitation, until expended.

     SEC. 647. TERMINATION OF THE COMMISSION.

       The Commission shall terminate 30 days after the Commission 
     submits the final report under section 643(c)(2).
                                 ______
                                 
  SA 4717. Mr. GRAHAM submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by Mr. McConnell (for Mr. Shelby (for 
himself and Ms. Mikulski)) to the bill H.R. 2578, making appropriations 
for the Departments of Commerce and Justice, Science, and Related 
Agencies for the fiscal year ending September 30, 2016, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title II, insert the following:
       Sec. 2__.  In addition to amounts made available under this 
     Act, there is appropriated for the Federal Bureau of 
     Investigation out of any money in the Treasury not otherwise 
     appropriated for the fiscal year ending September 30, 2017, 
     $2,840,000,000 to better protect people in the United States 
     from both domestic and international acts of terror, to 
     remain available until expended:  Provided, That such amount 
     is designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(b)(2)(A)(i)).
                                 ______
                                 
  SA 4718. Mr. CRUZ (for himself, Mr. Grassley, and Mr. Lee) submitted 
an amendment intended to be proposed to amendment SA 4685 proposed by 
Mr. McConnell (for Mr. Shelby (for himself and Ms. Mikulski)) to the 
bill H.R. 2578, making appropriations for the Departments of Commerce 
and Justice, Science, and Related Agencies for the fiscal year ending 
September 30, 2016, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. EXPATRIATE TERRORIST ACT.

       (a) Short Title.--This section may be cited as the 
     ``Expatriate Terrorist Act''.
       (b) Loss of Nationality Due to Support of Terrorism.--
     Section 349(a) of the Immigration and Nationality Act (8 
     U.S.C. 1481(a)) is amended to read as follows:
       ``(a) In General.--A person who is a national of the United 
     States whether by birth or naturalization, shall lose his or 
     her nationality by voluntarily performing any of the 
     following acts with the intention of relinquishing United 
     States nationality:
       ``(1) Obtaining naturalization in a foreign state upon his 
     or her own application or upon an application filed by a duly 
     authorized agent, after having attained 18 years of age.
       ``(2) Taking an oath or making an affirmation or other 
     formal declaration of allegiance to a foreign state, a 
     political subdivision thereof, or a foreign terrorist 
     organization designated under section 219, after having 
     attained 18 years of age.
       ``(3) Entering, or serving in, the armed forces of a 
     foreign state or a foreign terrorist organization designated 
     under section 219 if--
       ``(A) such armed forces are engaged in hostilities against 
     the United States; or
       ``(B) such persons serve as a commissioned or 
     noncommissioned officer.
       ``(4) Accepting, serving in, or performing the duties of 
     any office, post, or employment under the government of a 
     foreign state, a political subdivision thereof, or a foreign 
     terrorist organization designated under section 219 if, after 
     having attained 18 years of age--
       ``(A) the person knowingly has or acquires the nationality 
     of such foreign state; or
       ``(B) an oath, affirmation, or declaration of allegiance to 
     the foreign state, a political

[[Page S4010]]

     subdivision thereof, or a designated foreign terrorist 
     organization is required for such office, post, or 
     employment.
       ``(5) Making a formal renunciation of United States 
     nationality before a diplomatic or consular officer of the 
     United States in a foreign state, in such form as may be 
     prescribed by the Secretary of State.
       ``(6) Making in the United States a formal written 
     renunciation of nationality in such form as may be prescribed 
     by, and before such officer as may be designated by, the 
     Attorney General, whenever the United States shall be in a 
     state of war and the Attorney General shall approve such 
     renunciation as not contrary to the interests of national 
     defense.
       ``(7)(A) Committing any act of treason against, or 
     attempting by force to overthrow, or bearing arms against, 
     the United States;
       ``(B) violating or conspiring to violate any of the 
     provisions of section 2383 of title 18, United States Code;
       ``(C) willfully performing any act in violation of section 
     2385 of title 18, United States Code; or
       ``(D) violating section 2384 of such title by engaging in a 
     conspiracy to overthrow, put down, or to destroy by force the 
     Government of the United States, or to levy war against them,
     if and when such person is convicted thereof by a court 
     martial or by a court of competent jurisdiction.
       ``(8) Knowingly providing material support or resources (as 
     defined in section 2339A(b) of title 18, United States Code) 
     to any foreign terrorist organization designated under 
     section 219 if such person knows that such organization is 
     engaged in hostilities against the United States.''.
       (c) Revocation or Denial of Passports and Passport Cards to 
     Individuals Who Are Members of Foreign Terrorist 
     Organizations.--The Act entitled ``An Act to regulate the 
     issue and validity of passports, and for other purposes'', 
     approved July 3, 1926 (22 U.S.C. 211a et seq.), which is 
     commonly known as the ``Passport Act of 1926'', is amended by 
     adding at the end the following:

     ``SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORT AND PASSPORT 
                   CARD.

       ``(a) Ineligibility.--
       ``(1) Issuance.--The Secretary of State shall not issue a 
     passport or passport card to any individual whom the 
     Secretary has determined, by a preponderance of the 
     evidence--
       ``(A) is serving in, or is attempting to serve in, an 
     organization designated by the Secretary as a foreign 
     terrorist organization pursuant to section 219 of the 
     Immigration and Nationality Act (8 U.S.C. 1189); and
       ``(B) is a threat to the national security interest of the 
     United States.
       ``(2) Revocation.--The Secretary of State shall revoke a 
     passport or passport card previously issued to any individual 
     described in paragraph (1).
       ``(b) Right of Review.--Any person who, in accordance with 
     this section, is denied issuance of a passport or passport 
     card by the Secretary of State, or whose passport or passport 
     card is revoked or otherwise restricted by the Secretary of 
     State, may request a due process hearing, under regulations 
     prescribed by the Secretary, not later than 60 days after 
     receiving such notice of the nonissuance, revocation, or 
     restriction.
       ``(c) National Security Waiver.--Notwithstanding subsection 
     (a), the Secretary may--
       ``(1) issue a passport or passport card to an individual 
     described in subsection (a)(1); or
       ``(2) refuse to revoke a passport or passport card of an 
     individual described in subsection (a)(1),
     if the Secretary finds that such issuance or refusal to 
     revoke is in the national security interest of the United 
     States.''.
       (d) Conforming Amendment.--Section 351(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1483(b)) is amended 
     by striking ``(3) and (5)'' and inserting ``(3), (5), and 
     (8)''.
                                 ______
                                 
  SA 4719. Ms. BALDWIN (for herself, Ms. Mikulski, Ms. Hirono, Mr. 
Schumer, Mr. Booker, Mr. Merkley, Mr. Brown, Mr. Nelson, Mrs. Shaheen, 
Mr. Markey, Mr. Bennet, Mr. Sanders, Mrs. Feinstein, Mr. Wyden, Mr. 
Peters, Mr. Durbin, and Mrs. Murray) submitted an amendment intended to 
be proposed to amendment SA 4685 proposed by Mr. McConnell (for Mr. 
Shelby (for himself and Ms. Mikulski)) to the bill H.R. 2578, making 
appropriations for the Departments of Commerce and Justice, Science, 
and Related Agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of title II, add the following:
       Sec. 2__. (a) In addition to the amounts provided under the 
     heading ``salaries and expenses, general legal activities'' 
     under the heading ``Legal Activities'' under this title, 
     $30,000,000 for the Civil Rights Division of the Department 
     of Justice: Provided, That such amount is designated by 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)).
       (b) In addition to the amounts provided under the heading 
     ``salaries and expenses, community relations service'' under 
     the heading ``Legal Activities'' under this title, 
     $11,000,000 for the Community Relations Service of the 
     Department of Justice for personnel and training to respond 
     to hate crimes: Provided, That such amount is designated by 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)).
                                 ______
                                 
  SA 4720. Mrs. FEINSTEIN (for herself, Mr. Leahy, Mr. Nelson, Mr. 
Reid, Mr. Durbin, Mr. Schumer, Ms. Mikulski, Mrs. Boxer, Mr. Udall, Mr. 
Carper, Mr. Markey, Mr. Menendez, Mr. Coons, Mr. Blumenthal, Mrs. 
Murray, Mr. Brown, Mr. Schatz, Ms. Klobuchar, Mr. Murphy, Mrs. 
McCaskill, Mr. Heinrich, Mr. Franken, Mr. Booker, and Mr. Kaine) 
submitted an amendment intended to be proposed to amendment SA 4685 
proposed by Mr. McConnell (for Mr. Shelby (for himself and Ms. 
Mikulski)) to the bill H.R. 2578, making appropriations for the 
Departments of Commerce and Justice, Science, and Related Agencies for 
the fiscal year ending September 30, 2016, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___.  Hereafter, the Attorney General may deny the 
     transfer of a firearm if the Attorney General determines, 
     based on the totality of the circumstances, that the 
     transferee represents a threat to public safety based on a 
     reasonable suspicion that the transferee is engaged, or has 
     been engaged, in conduct constituting, in preparation for, in 
     aid of, or related to terrorism, or providing material 
     support or resources therefor. For purposes of sections 
     922(t)(1), (2), (5), and (6) and 925A of title 18, United 
     States Code, and section 103(g) of Public Law 103-159 (18 
     U.S.C. 922 note), a denial by the Attorney General pursuant 
     to this provision shall be treated as equivalent to a 
     determination that receipt of a firearm would violate section 
     (g) or (n) of section 922 of title 18, United States Code, or 
     State law. A denial described in this section shall be 
     subject to the remedial procedures set forth in section 
     103(g) of Public Law 103-159 (18 U.S.C. 922 note) and the 
     intended transferee may pursue a remedy for an erroneous 
     denial of a firearm under section 925A of title 18, United 
     States Code. Notwithstanding any other provision of law, such 
     remedial procedures and judicial review shall be subject to 
     procedures that may be developed by the Attorney General to 
     prevent the unauthorized disclosure of information that 
     reasonably could be expected to result in damage to national 
     security or ongoing law enforcement operations, including but 
     not limited to procedures for submission of information to 
     the court ex parte as appropriate, consistent with due 
     process. The Attorney General shall establish, within the 
     amounts appropriated, procedures to ensure that, if an 
     individual who is, or within the previous 5 years has been, 
     under investigation for conduct related to a Federal crime of 
     terrorism, as defined in section 2332b(g)(5) of title 18, 
     United States Code, attempts to purchase a firearm, the 
     Attorney General or a designee of the Attorney General shall 
     be promptly notified of the attempted purchase.

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