[Congressional Record Volume 162, Number 99 (Tuesday, June 21, 2016)]
[Senate]
[Pages S4416-S4428]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4791. Mr. COATS submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by 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 80, between lines 17 and 18, insert the following:
       Sec. 301.  Funds appropriated or made available under the 
     heading ``National Science Foundation'' under the heading 
     ``SCIENCE'' under this title to award research grants may be 
     made available to increase the transparency, to the maximum 
     extent practicable, of any grant application submitted by a 
     recipient of such grant, provided that doing so does not 
     compromise intellectual property, competitive advantage, or 
     the privacy of such recipients or other individuals 
     associated with the grant.
                                 ______
                                 
  SA 4792. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed to amendment SA 4685 proposed by 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. __. (a) Not later than 90 days after the date of the 
     enactment of this Act, the Administrator of the National 
     Oceanic and Atmospheric Administration shall submit to the 
     Committee on Appropriations of the Senate and the Committee 
     on Appropriations of the House of Representatives a fully 
     documented report that includes the following:
       (1) A list of the specific actions the Administrator will 
     implement through 2021 to promote the recovery of the 
     Sacramento River winter-run Chinook salmon and the basis for 
     such actions.
       (2) An evaluation of the causes of salmon mortality rates 
     in 2014 and 2015 in the Sacramento River and a description of 
     activities to be carried out to address such mortality.
       (3) An evaluation of the reliability of data from rotary-
     screw traps and other facilities at Red Bluff Diversion Dam 
     used to evaluate the year-class strength of Sacramento River 
     winter-run Chinook salmon and an assessment of the potential 
     benefits of increasing data collection further upstream on 
     the Sacramento River and during high flow events.
       (b) Not later than 180 days after the date of the enactment 
     of this Act, the Administrator of the National Oceanic and 
     Atmospheric Administration shall submit to the Committee on 
     Appropriations of the Senate, the Committee on Appropriations 
     of the House of Representatives, and the Commissioner of the 
     Bureau of Reclamation a fully documented plan to carry out 
     the actions and activities described in subsection (a).
                                 ______
                                 
  SA 4793. Mr. REED (for himself and Mr. Whitehouse) submitted an 
amendment intended to be proposed to amendment SA 4685 proposed by 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. __. ADDITION OF RHODE ISLAND TO THE MID-ATLANTIC FISHERY 
                   MANAGEMENT COUNCIL.

       Section 302(a)(1)(B) of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1852(a)(1)(B)) is 
     amended--
       (1) by inserting ``Rhode Island,'' after ``States of'';
       (2) by inserting ``Rhode Island,'' after ``except North 
     Carolina,'';
       (3) by striking ``21'' and inserting ``23''; and
       (4) by striking ``13'' and inserting ``14''.
                                 ______
                                 
  SA 4794. Mr. REED (for himself and Mr. Whitehouse) submitted an 
amendment intended to be proposed to amendment SA 4685 proposed by 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. __.  None of the funds in this Act shall be provided 
     to the Mid-Atlantic Fishery Management Council to prepare a 
     fishery management plan or amendment or to take other action 
     that does not include the full participation, including in 
     votes of the Council, of the principal official with marine 
     fishery management responsibility (or a designee) for the 
     State of Rhode Island and one additional representative 
     designated by the Secretary of Commerce from among at least 
     three qualified individuals recommended by Governor of the 
     State of Rhode Island.
                                 ______
                                 
  SA 4795. Ms. HEITKAMP submitted an amendment intended to be proposed 
to amendment SA 4685 proposed by 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, funds shall be awarded to 
     university incubators eligible to participate in the 
     Experimental Program to Stimulate Competitive Research of the 
     National Science Foundation'' after ``27''.
                                 ______
                                 
  SA 4796. Mr. PORTMAN (for himself and Mr. Brown) submitted an 
amendment intended to be proposed to amendment SA 4685 proposed by 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 80, between lines 17 and 18, insert the following:

                           General Provisions

       Sec. 301. (a) Sense of Congress.--It is the sense of 
     Congress that--
       (1) conducting deep space exploration requires radioisotope 
     power systems, such as thermoelectric and Stirling generators 
     and converters;
       (2) establishing continuity in the production of the 
     material needed to power such radioisotope power systems is 
     paramount to the success of future deep space missions; and
       (3) Federal agencies supporting the National Aeronautics 
     and Space Administration through the production of the 
     material described in paragraph (2) should do so in a cost 
     effective manner so as not to impose excessive reimbursement 
     requirements on the Administration.
       (b) Analysis of Requirements and Risks.--The Director of 
     the Office of Science and Technology Policy and the 
     Administrator of the National Aeronautics and Space 
     Administration, in consultation with the heads of other 
     Federal agencies, shall conduct an analysis of--
       (1) the requirements of the National Aeronautics and Space 
     Administration for radioisotope power system material that is 
     needed to carry out planned, high priority robotic missions 
     in the solar system and other surface exploration activities 
     beyond low-Earth orbit; and
       (2) the risks to missions of the Administration in meeting 
     those requirements, or any additional requirements, due to a 
     lack of adequate radioisotope power system material.
       (c) Contents of Analysis.--The analysis conducted under 
     subsection (b) shall--
       (1) detail the current projected mission requirements and 
     associated timeframes for radioisotope power systems and 
     radioisotope power system material;
       (2) explain the assumptions used to determine the 
     requirements of the National Aeronautics and Space 
     Administration for the material, including--
       (A) the planned use of advanced thermal conversion 
     technology, such as advanced thermocouples and Stirling 
     generators and converters; and
       (B) the risks and implications of, and contingencies for, 
     any delays or unanticipated technical challenges affecting or 
     related to the mission plans of the Administration for the 
     anticipated use of advanced thermal conversion technology;
       (3) assess the risk to the programs of the Administration 
     of any potential delays in achieving the schedule and 
     milestones for planned domestic production of radioisotope 
     power system material;
       (4) outline a process for meeting any additional 
     Administration requirements for the material;
       (5) estimate the incremental costs required to increase the 
     amount of material produced each year, if such an increase is 
     needed to support additional Administration requirements for 
     the material;
       (6) detail how the Administration and other Federal 
     agencies will manage, operate, and fund production facilities 
     and the design

[[Page S4417]]

     and development of all radioisotope power systems used by the 
     Administration and other Federal agencies as necessary;
       (7) specify the steps the Administrator will take, in 
     consultation with the Secretary of Energy, to preserve the 
     infrastructure and workforce necessary for production of 
     radioisotope power systems and ensure that Administration 
     reimbursements to the Department of Energy associated with 
     such preservation are equitable and justified;
       (8) identify the steps the Administrator will take to 
     preserve taxpayer investment to date in Advanced Stirling 
     Convertor technology; and
       (9) detail how the Administrator has implemented or 
     rejected the recommendations of the National Research Council 
     in the 2009 report titled ``Radioisotope Power Systems: An 
     Imperative for Maintaining U.S. Leadership in Space 
     Exploration''.
       (d) Transmittal.--Not later than 180 days after the date of 
     the enactment of this Act, the Administrator of the National 
     Aeronautics and Space Administration shall transmit the 
     results of the analysis conducted under subsection (b) to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Science, Space, and Technology of 
     the House of Representatives.
                                 ______
                                 
  SA 4797. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by 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. __. (a) The Administrator of the National Oceanic and 
     Atmospheric Administration shall ensure that the 
     Administration responds in a timely manner to a request from 
     Congress or the Congressional Budget Office, including a 
     response to questions for the record, a letter from a Member 
     of Congress, a request for technical assistance, or views on 
     legislation.
       (b) The Administrator of the National Oceanic and 
     Atmospheric Administration shall submit to Congress an annual 
     report on the requests for information submitted to the 
     Administration during the previous year and the timeliness of 
     responses to such requests. Each such report shall include--
       (1) the number of such requests made by members of Congress 
     or the Congressional Budget Office and the response time for 
     each such request; and
       (2) the number of such requests made under section 552 of 
     title 5 (commonly referred to as the ``Freedom of Information 
     Act'') and the response time for each such request.
                                 ______
                                 
  SA 4798. Mr. PORTMAN submitted an amendment intended to be proposed 
to amendment SA 4685 proposed by 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. (a) In General.--
       None of the funds made available in this Act may be used by 
     the Tax Division of the Department of Justice to investigate, 
     litigate, or pursue any other tax enforcement action against 
     any person found to be delinquent in paying a tax on any 
     amount income which would be includible in gross income by 
     reasons of the discharge (in whole or in part) of any loan 
     described in the subsection (b) if such discharge was --
       (1) pursuant to subsection (a) or (d) of section 437 of the 
     Higher Education Act of 1965 or the parallel benefit under 
     part D of title IV of such Act (relating to the repayment of 
     loan liability),
       (2) pursuant to section 464(c)(1)(F) of such Act, or
       (3) otherwise discharged on account of the death or total 
     and permanent disability of the student.
       (b) Loans Described.--A loan is described in this 
     subsection if such loan is--
       (1) a student loan (as defined in section 108(f)(2) of the 
     Internal Revenue Code of 1986), or
       (2) a private education loan (as defined in section 140(7) 
     of the Consumer Credit Protection Act (15 U.S.C. 1650(7))).
                                 ______
                                 
  SA 4799. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 4685 proposed by 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 funds made available by this Act may be 
     expended from the amounts appropriated under section 1304 of 
     title 31, United States Code, to pay final judgments, awards, 
     compromise settlements, or interest or costs specified in the 
     judgments or otherwise authorized by law if such payment is 
     otherwise provided for, including expenditures that Congress 
     has otherwise limited or restricted.
                                 ______
                                 
  SA 4800. Mr. COTTON submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by 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. __. REPEAL OF SUNSET OF TITLE VII OF THE FOREIGN 
                   INTELLIGENCE SURVEILLANCE ACT OF 1978.

       (a) Repeal.--Section 403 of the FISA Amendments Act of 2008 
     (Public Law 110-261; 122 Stat. 2474) is amended by striking 
     subsection (b).
       (b) Conforming Amendment.--Section 404 of the FISA 
     Amendments Act of 2008 (Public Law 110-261; 50 U.S.C. 1801 
     note) is amended by striking subsection (b).
                                 ______
                                 
  SA 4801. Mr. COTTON submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by 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 FOR ROVING SURVEILLANCE UNDER THE FOREIGN 
                   INTELLIGENCE SURVEILLANCE ACT OF 1978.

       Section 102(b)(1) of the USA PATRIOT Improvement and 
     Reauthorization Act of 2005 (Public Law 109-177; 50 U.S.C. 
     1805 note, 50 U.S.C. 1861 note, and 50 U.S.C. 1862 note) is 
     amended by striking ``and section 105(c)(2) read as they'' 
     and inserting ``reads as it''.
                                 ______
                                 
  SA 4802. Mr. COTTON submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by 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. __. ACCESS TO CERTAIN BUSINESS RECORDS COLLECTED UNDER 
                   THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 
                   1978 PRIOR TO NOVEMBER 29, 2015.

       (a) In General.--Notwithstanding any other provision of 
     law, the Director of the National Security Agency shall have 
     access to all business records collected under section 501 of 
     the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1861) prior to November 29, 2015, in the same manner and for 
     the same purposes that the Director had access to such 
     records prior to such date.
       (b) Requirement To Maintain Business Records.--
     Notwithstanding any other provision of law, the Director of 
     the National Security Agency shall maintain each business 
     record referred to in subsection (a) for the 5-year period 
     beginning on the date that such record was acquired under 
     section 501 of the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1861).
       (c) Effective Period.--The authority for access to business 
     records under subsection (a) shall be in effect during the 5-
     year period beginning on the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 4803. Mr. FLAKE submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by 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:

       Beginning on page 11, strike line 9 and all that follows 
     through ``$119,000,000'' on page 12, line 8, and insert the 
     following
       For necessary expenses of the National Institute of 
     Standards and Technology (NIST), $680,000,000, 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.

[[Page S4418]]

  


                     industrial technology services

       For necessary expenses for industrial technology services, 
     $135,000,000, to remain available until expended, of which 
     $130,000,000 shall be for the Hollings Manufacturing 
     Extension Partnership, and of which $5,000,000 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), $50,000,000
                                 ______
                                 
  SA 4804. Mr. COTTON submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by 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. __. PERMANENT AUTHORITY FOR INDIVIDUAL TERRORIST TO BE 
                   TREATED AS AGENTS OF FOREIGN POWERS UNDER THE 
                   FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

       Section 6001 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (50 U.S.C. 1801 note) is amended by 
     striking subsection (b).
                                 ______
                                 
  SA 4805. Mr. FLAKE 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 to the 
     Department of Justice under this Act may be used in the 
     seizure of funds through civil or criminal forfeiture based 
     on a violation of paragraph (1) or (3) of section 5324(a) of 
     title 31, United States Code, unless the seizure satisfies 
     the requirements described in conditions set forth in the 
     Department of Justice Policy Directive 15-3 (March 31, 2015).
                                 ______
                                 
  SA 4806. Mr. FLAKE 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 to the 
     Department of Justice under this Act may be used for 
     litigation defending the legality of any final rule based on 
     the proposed rule of the Federal Communications Commission 
     entitled ``Protecting the Privacy of Customers of Broadband 
     and Other Telecommunications Services'' (81 Fed. Reg. 23359 
     (April 20, 2016)) or for assisting in such litigation in any 
     other way.
                                 ______
                                 
  SA 4807. Mr. FLAKE 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 under this Act 
     may be used by the Department of Justice to seek enforcement 
     of any forfeiture obtained by consent decree pursuant to any 
     final rule based on the proposed rule of the Federal 
     Communications Commission entitled ``Protecting the Privacy 
     of Customers of Broadband and Other Telecommunications 
     Services'' (81 Fed. Reg. 23359 (April 20, 2016)).
                                 ______
                                 
  SA 4808. Mr. FLAKE 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 in title V, insert the following:

     SEC. 5___. STUDY ON DRUG TRAFFICKING.

       Not later than 1 year after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     conduct a study and submit a report to Congress on the impact 
     that the trafficking of narcotics, specifically opioids and 
     methamphetamine, through States that border Mexico has on 
     substance abuse of narcotics by the residents of such States.
                                 ______
                                 
  SA 4809. Mr. FLAKE 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 158, line 12, strike ``$68,000,000'' and insert 
     ``$62,500,000''.
       On page 159, line 3, strike ``$5,000,000'' and insert 
     ``$10,500,000''.
                                 ______
                                 
  SA 4810. Mr. FLAKE 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. __. OPERATION STREAMLINE.

       (a) Findings.--Congress finds the following:
       (1) The Border Patrol's Yuma Sector has long grappled with 
     the crossing of undocumented aliens and has seen illegal 
     traffic decline precipitously from the early 2000s to the 
     present.
       (2) A combination of increased manpower, technology 
     implementation, and the delivery of appropriate consequences 
     have resulted in gains in border security in the Yuma Sector.
       (3) A key to the success in the Yuma Sector has been the 
     implementation of Operation Streamline, a program established 
     in 2005 that was described by former Department of Homeland 
     Security Secretary Janet Napolitano as ``a DHS partnership 
     with the Department of Justice, . . . a geographically 
     focused operation that aims to increase the consequences for 
     illegally crossing the border by criminally prosecuting 
     illegal border-crossers.''.
       (4) The Yuma County Sheriff's Office, which is known for 
     its ``zero-tolerance'' approach, cites 100 percent 
     prosecution of illegal border crossers as a shared goal of a 
     partnership including Federal, State, and local law 
     enforcement agencies.
       (5) Among the various consequences delivered to illegal 
     crossers by the Department of Homeland Security, Operation 
     Streamline is associated with a recidivism rate that is well 
     below average and has seen a steady decrease in recidivism in 
     recent years.
       (6) The United States Attorney's Office for the District of 
     Arizona will reportedly no longer be prosecuting those 
     apprehended crossing the border illegally for the first time.
       (7) According to the Sheriff of Yuma County, Operation 
     Streamline ``had a deterrent effect in Yuma County, which 
     gained a reputation as an area to avoid crossing into because 
     if caught, you were assured to go to court and possibly face 
     penalties'', but now the program ``has been severely 
     diluted.''.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) gains made in border security in the Yuma Sector and 
     positive trends in recidivism rates are of critical 
     importance to those living and working in the border region 
     and to the Nation as a whole;
       (2) refusing to prosecute first time illegal border 
     crossers under Operation Streamline will jeopardize border 
     security gains;
       (3) the border security steps that have led to some measure 
     of improvement on the border, such as the historical 
     implementation of Operation Streamline, should be preserved; 
     and
       (4) the Executive Branch should immediately remove any 
     issued or related prohibition, policy, guidance, or direction 
     to cease prosecuting first time illegal border crossers under 
     Operation Streamline.
                                 ______
                                 
  SA 4811. Mr. FLAKE submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by 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. __.  None of the funds appropriated or otherwise made 
     available under this Act may be used to purchase information 
     from the National Technical Information Service.
                                 ______
                                 
  SA 4812. Mr. FLAKE submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by 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;

[[Page S4419]]

which was ordered to lie on the table; as follows:

       On page 70, line 1, strike ``$5,395,000,000'' and all that 
     follows through ``That the formulation'' and insert 
     ``$5,375,000,000, to remain available until September 30, 
     2018; Provided, That the amount available under this 
     paragraph for the Near-Earth Object program may not exceed 
     $40,000,000; Provided further, That the formulation''.
                                 ______
                                 
  SA 4813. Mr. FLAKE submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by 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 80, between lines 17 and 18, insert the following:

                           General Provision

       Sec. 301.  The unclassified version of any study conducted 
     using funds appropriated or otherwise made available by this 
     title shall include the following:
       (1) The name of each Agency that provided funds for the 
     conduct of the study.
       (2) The project or award number of the study.
       (3) An estimate of the total cost of the study.
                                 ______
                                 
  SA 4814. Ms. COLLINS (for herself, Ms. Heitkamp, Ms. Ayotte, Mr. 
Heinrich, Mr. Flake, Mr. Kaine, Mr. Graham, Mr. King, Mr. Nelson, Mr. 
Manchin, and Ms. Baldwin) submitted an amendment intended to be 
proposed to amendment SA 4685 proposed by 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. ___. DISCRETIONARY AUTHORITY TO DENY TRANSFERS OF 
                   FIREARMS OR EXPLOSIVES TO TERRORISTS.

       (a) Authority.--
       (1) In general.--On and after the date of enactment of this 
     Act, in accordance with the procedures under this section, 
     and without regard to section 842, 843, section 922(g) or 
     (n), or section 923 of title 18, United States Code, the 
     Attorney General may deny the transfer of a firearm, not 
     later than 3 business days after a licensee under chapter 44 
     of title 18, United States Code, contacts the national 
     instant criminal background check system established under 
     section 103 of Public Law 103-159 (18 U.S.C. 922 note), deny 
     the transfer of an explosive, or deny the issuance of a 
     Federal firearms or explosives license or permit, if either 
     of the following are met:
       (A) No fly list.--The Attorney General determines that 
     transferee or applicant--
       (i) based on the totality of the circumstances, represents 
     a threat to public safety based on a reasonable suspicion 
     that the transferee or applicant is engaged, or has been 
     engaged, in conduct constituting, in preparation of, in aid 
     of, or related to terrorism, or providing material support or 
     resources therefor; and
       (ii) based on credible information, poses--

       (I) a threat of committing an act of international 
     terrorism or domestic terrorism with respect to an aircraft 
     (including a threat of piracy, or a threat to airline, 
     passenger, or civil aviation security);
       (II) a threat of committing an act of domestic terrorism 
     with respect to the homeland;
       (III) a threat of committing an act of international 
     terrorism against any United States Government facility 
     abroad and associated or supporting personnel, including 
     United States embassies, consulates and missions, military 
     installations, United States ships, United States aircraft, 
     or other auxiliary craft owned or leased by the United States 
     Government; or
       (IV) a threat of engaging in or conducting a violent act of 
     terrorism and who is operationally capable of doing so.

       (B) Selectee list.--The Attorney General determines that 
     transferee or applicant meets the standard for inclusion on 
     the Selectee List, which is the subset list of the Terrorist 
     Screening Database, maintained by the Terrorist Screening 
     Center of the Federal Bureau of Investigation, of individuals 
     who are selected for enhanced security screening when 
     attempting to board a United States commercial aircraft or 
     fly into, out of, or over United States airspace, based on 
     the standard to be on such Selectee List on June 16, 2016.
       (2) NICS.--Solely for purposes of sections 922(t) (1), (2), 
     (5), and (6) 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 under paragraph (1) shall be treated 
     as equivalent to a determination that receipt of a firearm 
     would violate subsection (g) or (n) of section 922 of title 
     18, United States Code. During the 3-business-day period 
     beginning when a licensee under chapter 44 of title 18, 
     United States Code, contacts the national instant criminal 
     background check system established under section 103 of 
     Public Law 103-159 (18 U.S.C. 922 note), and notwithstanding 
     section 922(t)(2) of title 18, United States Code, the 
     Attorney General may delay assigning a unique identification 
     number to a transfer of a firearm in order to determine 
     whether the transferee or applicant meets the requirements 
     under paragraph (1).
       (b) Notification of Prospective Firearm Transfers to Known 
     or Suspected Terrorist.--The Attorney General and Federal, 
     State, and local law enforcement shall be immediately 
     notified, as appropriate, of any request to transfer a 
     firearm or explosive to a person who is, or with in the 
     previous 5 years was, identified in the Terrorist Screening 
     Database maintained by the Terrorist Screening Center of the 
     Federal Bureau of Investigation.
       (c) Petition for Review.--
       (1) In general.--An individual who is a citizen or lawful 
     permanent resident of the United States who seeks to 
     challenge a denial by the Attorney General under subsection 
     (a)(1) may file a petition for review and any claims related 
     to that petition in the United States Court of Appeals for 
     the District of Columbia Circuit or in the court of appeals 
     of the United States for the judicial circuit in which the 
     individual resides.
       (2) Deadlines for filing.--
       (A) In general.--Except as provided in subparagraph (B), a 
     petition for review under paragraph (1), and any claims 
     related to that petition, shall be filed not later than 60 
     days after the petitioner receives actual notice of the 
     denial by the Attorney General.
       (B) Exception.--The court of appeals in which a petition 
     for review is to be filed under paragraph (1) may allow the 
     petition to be filed after the deadline specified in 
     subparagraph (A) only if there are reasonable grounds for not 
     filing by that deadline.
       (3) Authority of courts of appeals.--The court of appeals 
     in which a petition for review is filed under paragraph (1)--
       (A) shall have--
       (i) jurisdiction to decide all relevant questions of law 
     and fact; and
       (ii) exclusive jurisdiction to affirm, amend, modify, or 
     set aside any part of the denial of the Attorney General that 
     is the subject of the petition for review; and
       (B) may order the Attorney General to conduct further 
     proceedings.
       (4) Exclusive jurisdiction.--
       (A) In general.--No district court of the United States 
     shall have jurisdiction to consider any claim related to or 
     arising out of facts and circumstances that could have been 
     included in a petition filed under paragraph (1), including 
     any constitutional claim.
       (B) Lawfulness and constitutionality.--No district court of 
     the United States or court of appeals of the United States 
     shall have jurisdiction to consider the lawfulness or 
     constitutionality of this section except pursuant to a 
     petition for review under section.
       (C) Noncitizens.--No district court of the United States or 
     court of appeals of the United States shall have jurisdiction 
     to hear any claim by an individual who is not a citizen or 
     lawful permanent resident of the United States related to or 
     arising out a denial by the Attorney General under subsection 
     (a)(1).
       (d) Requirement for an Administrative Record and Procedures 
     for Judicial Review.--Notwithstanding any other provision of 
     law, the following procedures shall apply with respect to a 
     petition for review filed in a court of appeals under 
     subsection (c):
       (1) The United States shall file with the court an 
     administrative record, which shall consist of--
       (A) the information the Attorney General relied upon in 
     denying the transfer or application;
       (B) any information the petitioner has submitted pursuant 
     to any administrative process;
       (C) any information determined relevant by the United 
     States; and
       (D) any information that is exculpatory.
       (2)(A) The petitioner may file with the court any 
     information determined relevant by the petitioner.
       (B) With leave of the court, the United States may 
     supplement the administrative record with additional 
     information.
       (3) All information in the administrative record that is 
     not classified and is not otherwise privileged or subject to 
     statutory protections shall be provided to the petitioner.
       (4) No discovery shall be permitted, unless the court shall 
     determine extraordinary circumstances requires discovery in 
     the interests of justice.
       (5) Sensitive security information contained in the 
     administrative record may only be provided pursuant to a 
     protective order.
       (6)(A) The administrative record may include classified 
     information, which the United States shall submit to the 
     court in camera and ex parte.
       (B) The United States shall notify the petitioner if the 
     administrative record filed under paragraph (1) contains 
     classified information.
       (C) The court may enter an order, after notice and a 
     hearing, allowing disclosure to the petitioner, counsel for 
     the petitioner, or both, of--
       (i) an unclassified summary of some or all classified 
     information in the administrative record;

[[Page S4420]]

       (ii) a statement admitting relevant facts that some or all 
     classified information in the administrative record would 
     tend to prove;
       (iii) some or all classified information, if counsel for 
     the petitioner possess the appropriate security clearance; or
       (iv) any combination thereof.
       (D)(i) If the court enters an order under subparagraph (C) 
     providing for the disclosure of classified information and 
     the United States files with the court an affidavit of the 
     Attorney General objecting to the disclosure, the court shall 
     order that the classified information not be disclosed.
       (ii) If classified information is not disclosed under 
     clause (i), the court shall enter such an order as the 
     interests of justice require, which may include an order 
     quashing the denial by the Attorney General under subsection 
     (a)(1).
       (iii) An order under subparagraph (C) or clause (ii) of 
     this subparagraph shall be subject to review pursuant to 
     section 1254 of title 28, United States Code.
       (iv) An order under clause (ii) shall be administratively 
     stayed for 7 days.
       (v) The functions and duties of the Attorney General under 
     this subparagraph--
       (I) may be exercised by the Deputy Attorney General, the 
     Associate Attorney General, or by an Assistant Attorney 
     General designated by the Attorney General for such purpose; 
     and
       (II) may not be delegated to any other official.
       (E) Any information disclosed under subparagraph (C) shall 
     be subject to an appropriate protective order.
       (7) Any classified information, sensitive security 
     information, law enforcement sensitive information, or 
     information that is otherwise privileged or subject to 
     statutory protections, that is part of the administrative 
     record, or cited by the court or the parties, shall be 
     treated by the court and the parties consistent with the 
     provisions of this subsection, and shall be sealed and 
     preserved in the records of the court to be made available in 
     the event of further proceedings. In no event shall such 
     information be released as part of the public record.
       (8) The court shall award reasonable attorney fees to a 
     petitioner who is a prevailing party in an action under this 
     section.
       (9) After the expiration of the time to seek further 
     review, or the conclusion of further proceedings, the court 
     shall return the administrative record, including any and all 
     copies, to the United States. All privileged information or 
     other information in the possession of counsel for the 
     petitioner that was provided by the United States under a 
     protective order shall be returned to the United States, or 
     the counsel for the petitioner shall certify its destruction, 
     including any and all copies.
       (e) Scope of Review.--The court of appeals shall quash any 
     denial by the Attorney General under subsection (a)(1), 
     unless the United States demonstrates, on a de novo review of 
     fact and law--
       (1) that--
       (A) based on the totality of the circumstances, the 
     transferee or applicant represents a threat to public safety 
     based on a reasonable suspicion that the transferee or 
     applicant is engaged, or has been engaged, in conduct 
     constituting, in preparation of, in aid of, or related to 
     terrorism, or providing material support or resources 
     therefor; and
       (B) based on credible information, the transferee or 
     applicant poses--
       (i) a threat of committing an act of international 
     terrorism or domestic terrorism with respect to an aircraft 
     (including a threat of piracy, or a threat to airline, 
     passenger, or civil aviation security);
       (ii) a threat of committing an act of domestic terrorism 
     with respect to the homeland;
       (iii) a threat of committing an act of international 
     terrorism against any United States Government facility 
     abroad and associated or supporting personnel, including 
     United States embassies, consulates and missions, military 
     installations, United States ships, United States aircraft, 
     or other auxiliary craft owned or leased by the United States 
     Government; or
       (iv) a threat of engaging in or conducting a violent act of 
     terrorism and who is operationally capable of doing so; or
       (2) that the standard has been met for including the 
     transferee or applicant on the Selectee List, which is the 
     subset list of the Terrorist Screening Database, maintained 
     by the Terrorist Screening Center of the Federal Bureau of 
     Investigation, of individuals who are selected for enhanced 
     security screening when attempting to board a United States 
     commercial aircraft or fly into, out of, or over United 
     States airspace, based on the standard to be on such Selectee 
     List on June 16, 2016.
       (f) Effect of Quashing.--If the court of appeals quashes a 
     denial by the Attorney General under subsection (e), 
     notwithstanding any other provision of law, the Attorney 
     General shall--
       (1) for a denial of the transfer of a firearm, cause a 
     unique identifier to issue pursuant to section 922(t)(2) of 
     title 18, United States Code, not later than 3 days after the 
     issuance of the order under subsection (e); and
       (2) for a denial of a license or permit, expeditiously 
     issue a license or permit under chapter 40 or 44 of title 18, 
     United States Code, as applicable.
       (g) Supreme Court Review.--A decision by a court of appeals 
     under this section may be reviewed by the Supreme Court under 
     section 1254 of title 28, United States Code.
       (h) Exclusive Remedy.--The judicial review under a petition 
     for review filed under subsection (c) shall be the sole and 
     exclusive remedy for a claim by an individual who challenges 
     a denial under subsection (a)(1).
       (i) Expedited Consideration.--
       (1) Courts.--Not later than 14 days after the date on which 
     a petition is filed challenging a denial under subsection 
     (a)(1), a court of appeals shall determine whether to quash 
     the denial, unless the petitioner consents to a longer 
     period.
       (2) Of quashing.--If the court of appeals quashes a denial 
     by the Attorney General under subsection (e), a petitioner 
     may submit the order quashing the denial to the Department of 
     Homeland Security for expedited review, as appropriate.
       (j) Transparency.--Not later than 60 days after the date of 
     the enactment of this Act, and quarterly thereafter--
       (1) the Attorney General shall submit to the Committee on 
     the Judiciary and the Select Committee on Intelligence of the 
     Senate and the Committee on the Judiciary and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives a report providing--
       (A) the number of persons denied a firearm transfer or a 
     license or permit under subsection (a)(1) during the 
     reporting period;
       (B) the number of petitions for review filed under 
     subsection (d); and
       (C) the number of instances in which a court of appeals 
     quashed a denial by the Attorney General under subsection 
     (e); and
       (2) the Secretary of Homeland Security shall submit to the 
     Committee on Homeland Security and Governmental Affairs and 
     the Select Committee on Intelligence of the Senate and the 
     Homeland Security Committee the Permanent Select Committee on 
     Intelligence of the House of Representatives a report 
     providing--
       (A) the number individuals--
       (i) with respect to whom a court of appeals quashed a 
     denial by the Attorney General under subsection (e); and
       (ii) who submitted the order quashing the denial to the 
     Department of Homeland Security under subsection (i)(2); and
       (B) a description of the actions taken and final 
     determinations made by the Department of Homeland Security 
     with regard to submissions described in subparagraph (A)(ii) 
     respecting the status of individuals on the No Fly List or 
     Selectee List, including the length of time taken to reach a 
     final determination.
       (k) Definitions.--In this section:
       (1) Classified information.--The term ``classified 
     information'' has the meaning given that term in section 1(a) 
     of the Classified Information Procedures Act (18 U.S.C. 
     App.).
       (2) Domestic terrorism.--The term ``domestic terrorism'' 
     has the meaning given that term in section 2331(5) of title 
     18, United States Code.
       (3) International terrorism.--The term ``international 
     terrorism'' has the meaning given that term in section 
     2331(1) of title 18, United States Code.
       (4) Military installation.--The term ``military 
     installation'' has the meaning given that term in section 
     2801(c)(4) of title 10, United States Code.
       (5) National security.--The term ``national security'' has 
     the meaning given that term in section 219 of the Immigration 
     and Nationality Act (8 U.S.C. 1189).
       (6) Sensitive security information.--The term ``sensitive 
     security information'' has the meaning given that term by 
     sections 114(r) and 40119 of title 49, United States Code, 
     and the regulations and orders issued pursuant to those 
     sections.
       (l) Rule of Construction.--Nothing in this section shall be 
     construed to authorize the Attorney General to modify the 
     length of period before a firearm may be transferred under 
     section 922(t) of title 18, United States Code.
                                 ______
                                 
  SA 4815. Mr. REID submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by 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, add the following:
       The provisions in this Act shall go into effect 1 day after 
     enactment.
                                 ______
                                 
  SA 4816. Mr. REID submitted an amendment intended to be proposed to 
amendment SA 4815 submitted by Mr. Reid and intended to be proposed to 
the amendment SA 4685 proposed by 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 1, line 1, strike ``1 day'' and insert ``2 days''.
                                 ______
                                 
  SA 4817. Mr. REID submitted an amendment intended to be proposed to

[[Page S4421]]

amendment SA 4685 proposed by 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, add the following:
       The provisions in this Act shall go into effect 3 days 
     after enactment.
                                 ______
                                 
  SA 4818. Mr. REID submitted an amendment intended to be proposed to 
amendment SA 4817 submitted by Mr. Reid and intended to be proposed to 
the amendment SA 4685 proposed by 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 1, line 1, strike ``3'' and insert ``4''.
                                 ______
                                 
  SA 4819. Mr. REID submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by 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, add the following:
       The provisions in this Act shall go into effect 5 days 
     after enactment.
                                 ______
                                 
  SA 4820. Mr. REID submitted an amendment intended to be proposed to 
amendment SA 4819 submitted by Mr. Reid and intended to be proposed to 
the amendment SA 4685 proposed by 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 1, line 1, strike ``5'' and insert ``6''.
                                 ______
                                 
  SA 4821. Mr. REID submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by 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, add the following:
       The provisions in this Act shall go into effect 7 days 
     after enactment.
                                 ______
                                 
  SA 4822. Mr. REID submitted an amendment intended to be proposed to 
amendment SA 4821 submitted by Mr. Reid and intended to be proposed to 
the amendment SA 4685 proposed by 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 1, line 1, strike ``7'' and insert ``8''.
                                 ______
                                 
  SA 4823. Mr. REID submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by 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, add the following:
       The provisions in this Act shall go into effect 9 days 
     after enactment.
                                 ______
                                 
  SA 4824. Mr. REID submitted an amendment intended to be proposed to 
amendment SA 4823 submitted by Mr. Reid and intended to be proposed to 
the amendment SA 4685 proposed by 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 1, line 1, strike ``9'' and insert ``10''.
                                 ______
                                 
  SA 4825. Mr. REID submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by 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, add the following:
       The provisions in this Act shall go into effect 11 days 
     after enactment.
                                 ______
                                 
  SA 4826. Mr. REID submitted an amendment intended to be proposed to 
amendment SA 4825 submitted by Mr. Reid and intended to be proposed to 
the amendment SA 4685 proposed by 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 1, line 1, strike ``11'' and insert ``12''.
                                 ______
                                 
  SA 4827. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by 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 71, line 3, insert before the period the following: 
     ``; Provided, That $10,000,000 shall be for research by the 
     National Aeronautics and Space Administration, in 
     collaboration with the Unmanned Aircraft Systems Center of 
     Excellence of the Federal Aviation Administration, at the six 
     test sites of the Federal Aviation Administration on the use 
     of unmanned aircraft systems (UAS) for a broad range of 
     public safety purposes over land and maritime environments''.
                                 ______
                                 
  SA 4828. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by 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 71, line 3, insert before the period the following: 
     ``; Provided, That $25,000,000 shall be for the Advanced 
     Composites Partnership within the Advanced Air Vehicles 
     program''.
                                 ______
                                 
  SA 4829. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 4685 proposed by 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__. (a) In this section--
       (1) the term ``eligible nonprofit organization'' means a 
     nonprofit organization that has experience providing rapid 
     telephone and cellular alert calls on behalf of Federal, 
     State, and local law enforcement agencies to find missing 
     children and elderly adults; and
       (2) the term ``rapid telephone and cellular alert call 
     system'' means an automated system with the ability to place 
     at least 1,000 telephone and cellular calls in 60 seconds to 
     a specific geographic area determined by law enforcement--
       (A) based on the last known whereabouts of a missing 
     individual; or
       (B) based on other evidence and determined by such law 
     enforcement agency to be necessary to the search for the 
     missing individual.
       (b) The Attorney General may use unobligated balances made 
     available to the Department of Justice under this title to 
     make grants to eligible nonprofit organizations to assist 
     Federal, State, tribal, and local law enforcement agencies in 
     the rapid recovery of missing children, elderly individuals, 
     and disabled individuals through the use of a rapid telephone 
     and cellular alert call system. Such grants shall be used 
     to--
       (1) provide services to Federal, State, tribal, and local 
     law enforcement agencies, in response to a request from such 
     agencies, to promote the rapid recovery of a missing child, 
     an elderly individual, or a disabled individual by utilizing 
     rapid telephone and cellular alert calls;
       (2) maintain and expand technologies and techniques to 
     ensure the highest level of performance of such services;

[[Page S4422]]

       (3) provide both centralized and on-site training and 
     distribute information to Federal, State, tribal, and local 
     law enforcement agency officials about missing children, 
     elderly individuals, and disabled individuals and use of a 
     rapid telephone and cellular alert call system;
       (4) provide services to Federal, State, tribal, and local 
     Child Abduction Response Teams;
       (5) assist Federal, State, tribal, and local law 
     enforcement agencies to combat human trafficking through the 
     use of rapid telephone and cellular alert calls;
       (6) share appropriate information on cases with the 
     National Center for Missing and Exploited Children, the AMBER 
     Alert, Silver Alert, and Blue Alert programs, and appropriate 
     Federal, State, tribal, and local law enforcement agencies; 
     and
       (7) assist appropriate organizations, including Federal, 
     State, tribal, and local law enforcement agencies, with 
     education and prevention programs related to missing 
     children, elderly individuals, and disabled individuals.
                                 ______
                                 
  SA 4830. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 4685 proposed by 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. ______. (a) The matter under the heading ``salaries 
     and expenses'' under the heading ``Bureau of Alcohol, 
     Tobacco, Firearms and Explosives'' under title II of division 
     B of the Consolidated and Further Continuing Appropriations 
     Act, 2012 (18 U.S.C. 923 note; Public Law 112-55; 125 Stat. 
     609) is amended by striking the sixth proviso.
       (b) The sixth proviso under the heading ``salaries and 
     expenses'' under the heading ``Bureau of Alcohol, Tobacco, 
     Firearms and Explosives'' under title II of division B of the 
     Consolidated Appropriations Act, 2010 (18 U.S.C. 923 note; 
     Public Law 111-117; 123 Stat. 3128) is amended by striking 
     ``beginning in fiscal year 2010 and thereafter'', and 
     inserting ``in fiscal year 2010''.
       (c) The sixth proviso under the heading ``salaries and 
     expenses'' under the heading ``Bureau of Alcohol, Tobacco, 
     Firearms and Explosives'' under title II of division B of the 
     Omnibus Appropriations Act, 2009 (18 U.S.C. 923 note; Public 
     Law 111-8; 123 Stat. 575) is amended by striking ``beginning 
     in fiscal year 2009 and thereafter'', and inserting ``in 
     fiscal year 2009''.
       (d) The sixth proviso under the heading ``salaries and 
     expenses'' under the heading ``Bureau of Alcohol, Tobacco, 
     Firearms and Explosives'' under title II of division B of the 
     Consolidated Appropriations Act, 2008 (18 U.S.C. 923 note; 
     Public Law 110-161; 121 Stat. 1903) is amended by striking 
     ``beginning in fiscal year 2009 and thereafter'', and 
     inserting ``in fiscal year 2009''.
       (e) The sixth proviso under the heading ``salaries and 
     expenses'' under the heading ``Bureau of Alcohol, Tobacco, 
     Firearms and Explosives'' under title I of the Science, 
     State, Justice, Commerce, and Related Agencies Appropriations 
     Act, 2006 (18 U.S.C. 923 note; Public Law 109-108; 119 Stat. 
     2295) is amended--
       (1) by striking ``or any other'';
       (2) by striking ``with respect to any fiscal year''; and
       (3) by striking ``, and all such data shall be immune from 
     legal process'' and all that follows through ``a review of 
     such an action or proceeding''.
       (f) The sixth proviso under the heading ``salaries and 
     expenses'' under the heading ``Bureau of Alcohol, Tobacco, 
     Firearms and Explosives'' under title I of division B of the 
     Consolidated Appropriations Act, 2005 (18 U.S.C. 923 note; 
     Public Law 108-447; 118 Stat 2859) is amended--
       (1) by striking ``or any other''; and
       (2) by striking ``with respect to any fiscal year''.
       (g) The sixth proviso under the heading ``salaries and 
     expenses'' under the heading ``Bureau of Alcohol, Tobacco, 
     Firearms and Explosives'' under title I of division B of the 
     Consolidated Appropriations Act, 2004 (Public Law 108-199; 
     118 Stat. 53) is amended by inserting after ``1998'' the 
     following: ``, and before October 1, 2004''.
       (h) No Federal department or agency or State, local, or 
     tribal government shall knowingly and publically disclose 
     covered firearms information that will--
       (1) compromise the identity of any undercover law 
     enforcement officer or confidential informant;
       (2) interfere with any case under investigation; or
       (3) include the name, address, or any other uniquely 
     identifying information of the lawful purchaser of any 
     firearm.
       (i) Nothing in this section may be construed to limit the 
     disclosure for use in, or the use, reliance on, disclosure, 
     admissibility, or permissibility of using, covered firearms 
     information in any action or proceeding that is--
       (1) commenced by the Bureau of Alcohol, Tobacco, Firearms, 
     and Explosives to enforce the provisions of chapter 44 of 
     title 18, United States Code;
       (2) instituted by a government agency and relating to a 
     license or similar authorization; or
       (3) a review of an action or proceeding described in 
     paragraph (1) or (2).
       (j) For purposes of this section--
       (1) the term ``covered firearms information'' means any 
     information--
       (A) contained in the Firearms Trace System database 
     maintained by the National Trace Center of the Bureau of 
     Alcohol, Tobacco, Firearms, and Explosives;
       (B) required to be kept by a licensee under section 923(g) 
     of title 18, United States Code; or
       (C) required to be reported under paragraph (3) or (7) of 
     section 923(g) of title 18, United States Code;
       (2) the term ``firearm'' has the meaning given that term in 
     section 921 of title 18, United States Code; and
       (3) the term ``licensee'' means a person licensed under 
     chapter 44 of title 18, United States Code.
                                 ______
                                 
  SA 4831. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 4685 proposed by 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__. (a) In this section--
       (1) the term ``eligible entity'' means--
       (A) a partnership between a State educational agency and 1 
     or more local educational agencies (as those terms are 
     defined in section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801)) of the State;
       (B) a local educational agency;
       (C) a nonprofit organization; or
       (D) a consortium of elementary schools or secondary schools 
     (as those terms are defined in section 9101 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7801)) 
     collaborating with an entity described in subparagraph (A), 
     (B), or (C);
       (2) the term ``Internet safety education program'' means an 
     age-appropriate, research-based program that--
       (A) encourages safe, ethical, and responsible use of the 
     Internet;
       (B) promotes an informed, critical understanding of the 
     Internet; and
       (C) educates children and communities about how to prevent 
     or respond to problems or dangers related to the Internet or 
     new media;
       (3) the term ``new media''--
       (A) means emerging digital, computerized, or networked 
     information and communication technologies that often have 
     interactive capabilities; and
       (B) includes e-mail, instant messaging, text messaging, 
     websites, blogs, interactive gaming, social media, cell 
     phones, and mobile devices; and
       (4) the term ``nonprofit organization'' means an 
     organization that is--
       (A) described in section 501(c) of the Internal Revenue 
     Code of 1986; and
       (B) exempt from tax under section 501(a) of that Code.
       (b) The Attorney General may use unobligated balances made 
     available to the Department of Justice under this title to 
     make grants to eligible entities to carry out an Internet 
     safety education program and other activities relating to 
     Internet safety, including to--
       (1) identify, develop, and implement Internet safety 
     education programs, including educational technology, 
     multimedia and interactive applications, online resources, 
     and lesson plans;
       (2) provide professional training to elementary and 
     secondary school teachers, administrators, and other staff on 
     Internet safety and new media literacy;
       (3) develop online-risk prevention programs for children;
       (4) train and support peer-driven Internet safety education 
     initiatives;
       (5) coordinate and fund research initiatives that 
     investigate online risks to children and Internet safety 
     education;
       (6) develop and implement public education campaigns to 
     promote awareness of online risks to children and Internet 
     safety education;
       (7) educate parents about teaching their children how to 
     use the Internet and new media safely, responsibly, and 
     ethically and help parents identify and protect their 
     children from risks relating to use of the Internet and new 
     media; or
       (8) carry out any other activity approved by the Attorney 
     General.
                                 ______
                                 
  SA 4832. Mr. MENENDEZ (for himself, Mr. Blumenthal, Mr. Murphy, and 
Mr. Cardin) submitted an amendment intended to be proposed to amendment 
SA 4685 proposed by 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:


[[Page S4423]]


  

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

         TITLE VI--LARGE CAPACITY AMMUNITION FEEDING DEVICE ACT

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Large Capacity Ammunition 
     Feeding Device Act of 2016''.

     SEC. 602. DEFINITIONS.

       Section 921(a) of title 18, United States Code, is amended 
     by inserting after paragraph (29) the following:
       ``(30) The term `large capacity ammunition feeding 
     device'--
       ``(A) means a magazine, belt, drum, feed strip, helical 
     feeding device, or similar device, including any such device 
     joined or coupled with another in any manner, that has an 
     overall capacity of, or that can be readily restored, 
     changed, or converted to accept, more than 10 rounds of 
     ammunition; and
       ``(B) does not include an attached tubular device designed 
     to accept, and capable of operating only with, .22 caliber 
     rimfire ammunition.
       ``(31) The term `qualified law enforcement officer' has the 
     meaning given the term in section 926B.''.

     SEC. 603. RESTRICTIONS ON LARGE CAPACITY AMMUNITION FEEDING 
                   DEVICES.

       (a) In General.--Section 922 of title 18, United States 
     Code, is amended by inserting after subsection (u) the 
     following:
       ``(v)(1) It shall be unlawful for a person to import, sell, 
     manufacture, transfer, or possess, in or affecting interstate 
     or foreign commerce, a large capacity ammunition feeding 
     device.
       ``(2) Paragraph (1) shall not apply to the possession of 
     any large capacity ammunition feeding device otherwise 
     lawfully possessed on or before the date of enactment of the 
     Large Capacity Ammunition Feeding Device Act of 2016.
       ``(3) Paragraph (1) shall not apply to--
       ``(A) the importation for, manufacture for, sale to, 
     transfer to, or possession by the United States or a 
     department or agency of the United States or a State or a 
     department, agency, or political subdivision of a State, or a 
     sale or transfer to or possession by a qualified law 
     enforcement officer employed by the United States or a 
     department or agency of the United States or a State or a 
     department, agency, or political subdivision of a State for 
     purposes of law enforcement (whether on or off-duty), or a 
     sale or transfer to or possession by a campus law enforcement 
     officer for purposes of law enforcement (whether on or off-
     duty);
       ``(B) the importation for, or sale or transfer to a 
     licensee under title I of the Atomic Energy Act of 1954 for 
     purposes of establishing and maintaining an on-site physical 
     protection system and security organization required by 
     Federal law, or possession by an employee or contractor of 
     such licensee on-site for such purposes or off-site for 
     purposes of licensee-authorized training or transportation of 
     nuclear materials;
       ``(C) the possession, by an individual who is retired in 
     good standing from service with a law enforcement agency and 
     is not otherwise prohibited from receiving ammunition, of a 
     large capacity ammunition feeding device--
       ``(i) sold or transferred to the individual by the agency 
     upon such retirement; or
       ``(ii) that the individual purchased, or otherwise 
     obtained, for official use before such retirement; or
       ``(D) the importation, sale, manufacture, transfer, or 
     possession of any large capacity ammunition feeding device by 
     a licensed manufacturer or licensed importer for the purposes 
     of testing or experimentation authorized by the Attorney 
     General.
       ``(4) For purposes of paragraph (3)(A), the term `campus 
     law enforcement officer' means an individual who is--
       ``(A) employed by a private institution of higher education 
     that is eligible for funding under title IV of the Higher 
     Education Act of 1965 (20 U.S.C. 1070 et seq.);
       ``(B) responsible for the prevention or investigation of 
     crime involving injury to persons or property, including 
     apprehension or detention of persons for such crimes;
       ``(C) authorized by Federal, State, or local law to carry a 
     firearm, execute search warrants, and make arrests; and
       ``(D) recognized, commissioned, or certified by a 
     government entity as a law enforcement officer.''.
       (b) Identification Markings for Large Capacity Ammunition 
     Feeding Devices.--Section 923(i) of title 18, United States 
     Code, is amended by adding at the end the following: ``A 
     large capacity ammunition feeding device manufactured after 
     the date of enactment of the Large Capacity Ammunition 
     Feeding Device Act of 2016 shall be identified by a serial 
     number and the date on which the device was manufactured or 
     made, legibly and conspicuously engraved or cast on the 
     device, and such other identification as the Attorney General 
     shall by regulations prescribe.''.
       (c) Seizure and Forfeiture of Large Capacity Ammunition 
     Feeding Devices.--Section 924(d) of title 18, United States 
     Code, is amended--
       (1) in paragraph (1)--
       (A) by inserting ``or large capacity ammunition feeding 
     device'' after ``firearm or ammunition'' each place the term 
     appears;
       (B) by inserting ``or large capacity ammunition feeding 
     device'' after ``firearms or ammunition'' each place the term 
     appears; and
       (C) by striking ``or (k)'' and inserting ``(k), or (v)'';
       (2) in paragraph (2)(C), by inserting ``or large capacity 
     ammunition feeding devices'' after ``firearms or quantities 
     of ammunition''; and
       (3) in paragraph (3)(E), by inserting ``922(v),'' after 
     ``922(n),''.

     SEC. 604. PENALTIES.

       Section 924(a)(1)(B) of title 18, United States Code, is 
     amended by striking ``or (q)'' and inserting ``(q), or (v)''.

     SEC. 605. USE OF BYRNE GRANTS FOR BUY-BACK PROGRAMS FOR LARGE 
                   CAPACITY AMMUNITION FEEDING DEVICES.

       Section 501(a)(1) of title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3751(a)(1)) is 
     amended by adding at the end the following:
       ``(H) Compensation for surrendered large capacity 
     ammunition feeding devices, as that term is defined in 
     section 921 of title 18, United States Code, under buy-back 
     programs for large capacity ammunition feeding devices.''.

     SEC. 606. SEVERABILITY.

       If any provision of this title, an amendment made by this 
     title, or the application of such provision or amendment to 
     any person or circumstance is held to be unconstitutional, 
     the remainder of this title, the amendments made by this 
     title, and the application of such provision or amendment to 
     any person or circumstance shall not be affected thereby.
                                 ______
                                 
  SA 4833. Mr. KIRK submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by 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__. CRIMINAL STREET GANG RICO PROSECUTION ACT.

       Section 1961 of title 18, United States Code, is amended--
       (1) in the matter preceding paragraph (1), by inserting 
     ``(a)'' before ``As used'';
       (2) in paragraph (4), by inserting ``any criminal street 
     gang,'' after ``other legal entity,'';
       (3) in paragraph (9), by striking ``and'' at the end;
       (4) in paragraph (10), by striking the period at the end 
     and inserting a semicolon; and
       (5) by inserting after paragraph (10) the following:
       ``(11) `criminal street gang'--
       ``(A) means any organization, association, or group of 3 or 
     more individuals associated in fact, whether formal or 
     informal, that engages in criminal gang activity; and
       ``(B) does not include 3 or more individuals, associated in 
     fact, whether formal or informal, who are not engaged in 
     criminal gang activity; and
       ``(12) `criminal gang activity' means the commission, 
     attempted commission, conspiracy to commit, or solicitation, 
     coercion, or intimidation of another person to commit a 
     racketeering activity.''; and
       (6) by adding at the end the following:
       ``(b) For purposes of this chapter, the existence of a 
     criminal street gang may be established by 1 or more 
     identifying characteristics, including--
       ``(1) evidence of a common name or common identifying 
     signs, symbols, tattoos, graffiti, attire, aliases, 
     nicknames, or social media posts; and
       ``(2) other distinguishing characteristics, including, 
     common activities, rules, codes, customs, or behaviors.''.
                                 ______
                                 
  SA 4834. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 4688 submitted by Mr. Wyden and intended to be proposed 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, insert the following: ``This section shall not 
     apply to a corporation, association, educational institution 
     or institution of learning, or society that is exempt from 
     the discrimination provisions of title VII of the Civil 
     Rights Act of 1964 (42 U.S.C. 2000e et seq.) pursuant to 
     section 702(a) or 703(e)(2) of such Act (42 U.S.C. 2000e-
     1(a), 2000e-2(e)(2)).''.
                                 ______
                                 
  SA 4835. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by 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, insert the following:

     SEC. ___. CIVIL RIGHTS PROTECTIONS AND EXEMPTIONS.

       Any agency or office of any branch of the Federal 
     Government receiving funds under

[[Page S4424]]

     this Act shall, with respect to any religious corporation, 
     religious association, religious educational institution, or 
     religious society that is a recipient of or offeror for a 
     Federal Government contract, subcontract, grant, purchase 
     order, or cooperative agreement, provide protections and 
     exemptions consistent with sections 702(a) and 703(e)(2) of 
     the Civil Rights Act of 1964 (42 U.S.C. 2000e-1(a) and 42 
     U.S.C. 2000e-2(e)(2)) and section 103(d) of the Americans 
     with Disabilities Act of 1990 (42 U.S.C. 12113(d)).
                                 ______
                                 
  SA 4836. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by 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. ___.  Notwithstanding any other provision of law, none 
     of the funds appropriated or otherwise made available by this 
     Act may be used by the Department of Justice to settle, with 
     payments out of amounts appropriated under section 1304 of 
     title 31, United States Code, any lawsuit brought by a health 
     plan or health insurance issuer related to section 1342 of 
     the Patient Protection and Affordable Care Act (42 U.S.C. 
     18062) or any other provision of such Act (Public Law 111-
     148).
                                 ______
                                 
  SA 4837. Mr. SASSE submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by 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. ___.  Notwithstanding any other provision of law, none 
     of the funds appropriated or otherwise made available by this 
     Act may be used by the Department of Justice to make payments 
     out of amounts appropriated under section 1304 of title 31, 
     United States Code, with respect to any lawsuit related to 
     section 1341, 1342, or 1343 of the Patient Protection and 
     Affordable Care Act (42 U.S.C. 18061, 18062, 18063). The 
     Department of Justice shall pay any amounts owed as a result 
     of any such lawsuit with funds appropriated under the heading 
     of this title ``salaries and expenses'' under the heading of 
     this title ``General Administration'' for human resources 
     purposes.
                                 ______
                                 
  SA 4838. Mr. SASSE submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by 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. ___.  None of the funds made available by this Act may 
     be used by a Department of Justice lawyer to lie to, 
     willfully deceive, or intentionally misrepresent facts before 
     any Federal judge.
                                 ______
                                 
  SA 4839. Mr. SASSE submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by 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. ___. (a) Congress finds the following:
       (1) On May 19, 2016, United States district court judge 
     Andrew Hanen issued an order finding that Department of 
     Justice lawyers made a number of intentionally false 
     statements to defend the Accountability Immigration Executive 
     Action of the President.
       (2) Judge Hanen stated the lawyers lied to the court 3 
     distinct times:
       (A) Lie #1.--On December 19, 2014, Department of Justice 
     lawyers asked to push a hearing back to January, assuring the 
     court that no applications to the Deferred Action for 
     Childhood Arrivals program (in this section referred to as 
     ``DACA'') program would be approved. (``This was not a curve 
     ball thrown by the Government; this was a spitball which 
     neither the Plaintiff States nor the Court would learn of 
     until March 3, 2015.''. Texas v. United States, Civil No. B-
     14-254, 2016 WL 3211803, at *5 (S.D. Tex. May 19, 2016).)
       (B) Lie #2.--In January 2015, Department of Justice lawyers 
     told the court no applications for DACA would be accepted 
     until February 18, 2015, and no action would be taken on them 
     until March 4--meanwhile 100,000 applications had already 
     been approved.
       (C) Lie #3.--On February 23, 2015, a week after an 
     injunction was issued, Department of Justice lawyers filed a 
     brief stating that DACA applications were set to begin on 
     March 3, despite the fact that the Department of Homeland 
     Security started processing them in late November 2014. 
     (``Yet counsel, who knew of the DHS activity, were not only 
     silent, but their motion was certainly calculated to give the 
     impression that nothing was happening or had happened 
     pursuant to the 2014 DHS Directive--when, in fact, by that 
     time over 100,000 applications had already been granted.'' 
     Id. at *7.)
       (3) Judge Hanen drew the following conclusions:
       (A) ``[T]he Justice Department lawyers knew the true facts 
     and misrepresented those facts to the citizens of the 26 
     Plaintiff States, their lawyers and this Court on multiple 
     occasions. . . . Such conduct is certainly not worthy of any 
     department whose name includes the word `Justice.' ''. Id. at 
     *3.
       (B) ``The United States Department of Justice . . . has now 
     admitted making statements that clearly did not match the 
     facts. It has admitted that the lawyers who made these 
     statements had knowledge of the truth when they made these 
     misstatements.''. Id. at *1.
       (C) ``These misrepresentations will be discussed in more 
     detail below; but suffice it to say the Government's 
     attorneys effectively misled the Plaintiff States into 
     foregoing a request for a temporary restraining order or an 
     earlier injunction hearing. Further, these misrepresentations 
     may have caused more damage in the intervening time period 
     and may cause additional damage in the future. Counsel's 
     misrepresentations also misdirected the Court as to the 
     timeline involved in the implementation of the 2014 DHS 
     Directive, which included the amendments to the Deferred 
     Action for Childhood Arrivals (`DACA')program.''. Id. at *2.
       (D) ``The Government's attorneys knew since late-November 
     of 2014 that the DHS was issuing three-year deferrals under 
     the 2014 DHS Directive. Whether it was one person or one 
     hundred thousand persons, the magnitude does not change a 
     lawyer's ethical obligations. The duties of a Government 
     lawyer, and in fact of any lawyer, are threefold: (1) tell 
     the truth; (2) do not mislead the Court; and (3) do not allow 
     the Court to be misled. The Government's lawyers failed on 
     all three fronts. The actions of the DHS should have been 
     brought to the attention of the opposing counsel and the 
     Court as early as December 19, 2014. The failure of counsel 
     to do that constituted more than mere inadvertent omissions--
     it was intentionally deceptive. There is no de minimis rule 
     that applies to a lawyer's ethical obligation to tell the 
     truth.''. Id. at *7 (citation omitted).
       (E) ``The failure of counsel to inform the counsel for the 
     Plaintiff States and the Court of the DHS activity--activity 
     the Justice Department admittedly knew about--was clearly 
     unethical and clearly misled both counsel for the Plaintiff 
     States and the Court.''. Id. at *9.
       (F) ``This Court finds that the misrepresentations detailed 
     above: (1) were false; (2) were made in bad faith; and (3) 
     misled both the Court and the Plaintiff States.''. Id. at 
     *10.
       (G) ``In fact, it is hard to imagine a more serious, more 
     calculated plan of unethical conduct.''. Id. at *11.
       (b) It is the sense of Congress that the conduct of the 
     Department of Justice lawyers is unbecoming of 
     representatives of the highest-ranking law enforcement 
     officer in the United States.
                                 ______
                                 
  SA 4840. Mr. SASSE submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by 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 appropriated or otherwise made 
     available under this Act may be used by an officer or 
     employee of a department or agency funded under this Act to 
     enter into an agreement related to resolving a dispute or 
     claim with an individual that would restrict in any way the 
     individual from speaking to members of Congress or their 
     staff on any topic not otherwise prohibited from disclosure 
     by Federal law or required by Executive order to be kept 
     secret in the interest of national defense or the conduct of 
     foreign affairs.
                                 ______
                                 
  SA 4841. Mr. PORTMAN (for himself and Mr. Brown) submitted an 
amendment intended to be proposed to amendment SA 4685 proposed by 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:


[[Page S4425]]


  

       On page 80, between lines 17 and 18, insert the following:

                           General Provisions

       Sec. 301. (a) Sense of Congress.--It is the sense of 
     Congress that conducting deep space exploration requires 
     radioisotope power systems, such as thermoelectric and 
     Stirling generators and converters.
       (b) Analysis of Requirements and Risks.--The Director of 
     the Office of Science and Technology Policy and the 
     Administrator of the National Aeronautics and Space 
     Administration, in consultation with the heads of other 
     Federal agencies, shall conduct an analysis of--
       (1) the requirements of the National Aeronautics and Space 
     Administration for radioisotope power system material that is 
     needed to carry out planned, high priority robotic missions 
     in the solar system and other surface exploration activities 
     beyond low-Earth orbit; and
       (2) the risks to missions of the Administration in meeting 
     those requirements, or any additional requirements, due to a 
     lack of adequate radioisotope power system material.
                                 ______
                                 
  SA 4842. Mr. CORNYN (for himself and Mr. Udall) submitted an 
amendment intended to be proposed to amendment SA 4685 proposed by 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. (a) With respect to funds appropriated under this 
     title under the heading ``state and local law enforcement 
     assistance'' the Attorney General shall award grants, not 
     exceed an aggregate amount of $4,000,000, to county, 
     municipal, or tribal governments in States along the 
     Southwest border of the United States, for costs, or 
     reimbursement of costs, associated with the transportation 
     and processing of unidentified alien remains that have been 
     transferred to an official medical examiner's office or an 
     area university with the capacity to analyze human remains 
     using forensic best practices where such expenses may 
     contribute to the collection and analysis of information 
     pertaining to missing and unidentified persons.
       (b) The restriction under section 1001(c) of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3793(c)) shall not apply to amounts made available under 
     subsection (a): Provided, that the Attorney General shall 
     otherwise award amounts made available under subsection (a) 
     in a manner and form consistent with amounts made available 
     under paragraph (1) under the heading ``state and local law 
     enforcement assistance''.
                                 ______
                                 
  SA 4843. Mr. SASSE (for himself and Mr. Franken) 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 appropriated or otherwise made 
     available by this Act may be obligated or expended to 
     implement any change relating to the status of the People's 
     Republic of China under section 771(18) of the Tariff Act of 
     1930 (19 U.S.C. 1677(18)).
                                 ______
                                 
  SA 4844. Mrs. BOXER (for herself, Ms. Cantwell, Mrs. Murray, and Mr. 
Wyden) submitted an amendment intended to be proposed to amendment SA 
4685 proposed by 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 16, line 3, strike ``$65,000,000,'' and insert 
     ``$80,000,000,''.

                                 ______
                                 
  SA 4845. Mr. SASSE 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 appropriated in this Act may be 
     used by the Department of Justice to enforce any 
     contraceptive mandate under title XXVII of the Public Health 
     Service Act (42 U.S.C. 300gg et seq.) or the Patient 
     Protection and Affordable Care Act (Public Law 111-148).
                                 ______
                                 
  SA 4846. Mrs. BOXER (for herself, Mrs. Murray, and Mr. Wyden) 
submitted an amendment intended to be proposed to amendment SA 4685 
proposed by 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 16, line 3, strike ``$65,000,000,'' and insert 
     ``$80,000,000, of which $15,000,000 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 4847. Mr. BROWN (for himself and Mr. Portman) submitted an 
amendment intended to be proposed to amendment SA 4685 proposed by 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 80, between lines 17 and 18, insert the following:

                           General Provision

       Sec. 301.  It is the sense of Congress that the National 
     Aeronautics and Space Administration should not continue to 
     implement the consolidation of procurement and human resource 
     services, as recommended by the Technical Capabilities 
     Assessment Team, until the Comptroller General of the United 
     States completes--
       (1) an analysis of the business case resulting in the 
     relocation of procurement services under the consolidation; 
     and
       (2) an assessment whether the relocation of procurement 
     services would enable the Field Centers of the Administration 
     to leverage for research full-time employees who would revert 
     to the Centers under the consolidation.
                                 ______
                                 
  SA 4848. Ms. MIKULSKI (for herself, Mr. Leahy, Ms. Baldwin, Mr. 
Nelson, Ms. Hirono, Mr. Durbin, and Mr. Brown) submitted an amendment 
intended to be proposed to amendment SA 4685 proposed by 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__. ADDITIONAL RESOURCES AND FIREARMS TRAFFICKING.

       (a) Adequate Resources for Federal Bureau of 
     Investigation.--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) Adequate Resources for VALOR.--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)).
       (c) Adequate Resources for Civil Rights Division.--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)).
       (d) Adequate Resources for Community Relations Service.--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)).
       (e) Strengthening Firearms Trafficking Investigations and 
     Prosecutions.--Section 924 of title 18, United States Code, 
     is amended by striking subsection (h) and inserting the 
     following:

[[Page S4426]]

       ``(h) Whoever knowingly transfers or receives a firearm, 
     knowing or having reasonable cause to believe that such 
     firearm will be used to commit a Federal crime of terrorism 
     (as defined in section 2332b(g)(5)), a crime of violence (as 
     defined in subsection (c)(3)), or a drug trafficking crime 
     (as defined in subsection (c)(2)) shall be imprisoned not 
     more than 15 years, fined in accordance with this title, or 
     both.''.
                                 ______
                                 
  SA 4849. Mr. BURR (for himself and Ms. Cantwell) submitted an 
amendment intended to be proposed to amendment SA 4685 proposed by 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;
       (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 4850. Mr. SASSE submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by 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. __.  None of the funds appropriated or otherwise made 
     available to the Department of Justice under this Act may be 
     used by the Department of Justice to defend the 
     constitutionality of the Bureau of Consumer Financial 
     Protection.
                                 ______
                                 
  SA 4851. Mr. SASSE submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by 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. __.  None of the funds appropriated in this Act may be 
     used by the Department of Justice to enforce the 
     contraceptive, abortifacient, and sterilization coverage 
     mandates under title XXVII of the Public Health Service Act 
     (42 U.S.C. 300gg et seq.).
                                 ______
                                 
  SA 4852. Mr. McCONNELL (for Mrs. Ernst) proposed an amendment to the 
bill H.R. 1777, to amend the Act of August 25, 1958, commonly known as 
the ``Former Presidents Act of 1958'', with respect to the monetary 
allowance payable to a former President, and for other purposes; as 
follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Presidential Allowance 
     Modernization Act of 2016''.

     SEC. 2. AMENDMENTS.

       (a) Former Presidents.--The first section of the Act 
     entitled ``An Act to provide retirement, clerical assistants, 
     and free mailing privileges to former Presidents of the 
     United States, and for other purposes'', approved August 25, 
     1958 (commonly known as the ``Former Presidents Act of 
     1958'') (3 U.S.C. 102 note), is amended by striking the 
     matter preceding subsection (e) and inserting the following:
       ``(a) In General.--Each former President shall be entitled 
     for the remainder of his or her life to receive from the 
     United States--
       ``(1) an annuity at the rate of $200,000 per year, subject 
     to subsection (c); and
       ``(2) a monetary allowance at the rate of $200,000 per 
     year, subject to subsections (c) and (d).
       ``(b) Duration; Frequency.--
       ``(1) In general.--The annuity and allowance under 
     subsection (a) shall each--
       ``(A) commence on the day after the date on which an 
     individual becomes a former President;
       ``(B) terminate on the date on which the former President 
     dies; and
       ``(C) be payable by the Secretary of the Treasury on a 
     monthly basis.
       ``(2) Appointive or elective positions.--The annuity and 
     allowance under subsection (a) shall not be payable for any 
     period during which a former President holds an appointive or 
     elective position in or under the Federal Government to which 
     is attached a rate of pay other than a nominal rate.
       ``(c) Cost-of-Living Increases.--Effective December 1 of 
     each year, each annuity and allowance under subsection (a) 
     that commenced before that date shall be increased by the 
     same percentage by which benefit amounts under title II of 
     the Social Security Act (42 U.S.C. 401 et seq.) are 
     increased, effective as of that date, as a result of a 
     determination under section 215(i) of that Act (42 U.S.C. 
     415(i)).
       ``(d) Limitation on Monetary Allowance.--
       ``(1) In general.--Notwithstanding any other provision of 
     this section, the monetary allowance payable under subsection 
     (a)(2) to a former President for any 12-month period--
       ``(A) except as provided in subparagraph (B), may not 
     exceed the amount by which--
       ``(i) the monetary allowance that (but for this subsection) 
     would otherwise be so payable for such 12-month period, 
     exceeds (if at all)
       ``(ii) the applicable reduction amount for such 12-month 
     period; and
       ``(B) shall not be less than the amount determined under 
     paragraph (4).
       ``(2) Definition.--
       ``(A) In general.--For purposes of paragraph (1), the term 
     `applicable reduction amount' means, with respect to any 
     former President and in connection with any 12-month period, 
     the amount by which--
       ``(i) the sum of--

       ``(I) the adjusted gross income (as defined in section 62 
     of the Internal Revenue Code of 1986) of the former President 
     for the most recent taxable year for which a tax return is 
     available; and
       ``(II) any interest excluded from the gross income of the 
     former President under section 103 of such Code for such 
     taxable year, exceeds (if at all)

       ``(ii) $400,000, subject to subparagraph (C).
       ``(B) Joint returns.--In the case of a joint return, 
     subclauses (I) and (II) of subparagraph (A)(i) shall be 
     applied by taking into account both the amounts properly 
     allocable to the former President and the amounts properly 
     allocable to the spouse of the former President.
       ``(C) Cost-of-living increases.--The dollar amount 
     specified in subparagraph (A)(ii) shall be adjusted at the 
     same time that, and by the same percentage by which, the 
     monetary allowance of the former President is increased under 
     subsection (c) (disregarding this subsection).
       ``(3) Disclosure requirement.--
       ``(A) Definitions.--In this paragraph--

[[Page S4427]]

       ``(i) the terms `return' and `return information' have the 
     meanings given those terms in section 6103(b) of the Internal 
     Revenue Code of 1986; and
       ``(ii) the term `Secretary' means the Secretary of the 
     Treasury or the Secretary of the Treasury's delegate.
       ``(B) Requirement.--A former President may not receive a 
     monetary allowance under subsection (a)(2) unless the former 
     President discloses to the Secretary, upon the request of the 
     Secretary, any return or return information of the former 
     President or spouse of the former President that the 
     Secretary determines is necessary for purposes of calculating 
     the applicable reduction amount under paragraph (2) of this 
     subsection.
       ``(C) Confidentiality.--Except as provided in section 6103 
     of the Internal Revenue Code of 1986 and notwithstanding any 
     other provision of law, the Secretary may not, with respect 
     to a return or return information disclosed to the Secretary 
     under subparagraph (B)--
       ``(i) disclose the return or return information to any 
     entity or person; or
       ``(ii) use the return or return information for any purpose 
     other than to calculate the applicable reduction amount under 
     paragraph (2).
       ``(4) Increased costs due to security needs.--With respect 
     to the monetary allowance that would be payable to a former 
     President under subsection (a)(2) for any 12-month period but 
     for the limitation under paragraph (1), the Administrator of 
     General Services, in coordination with the Director of the 
     United States Secret Service, shall determine the amount of 
     the allowance that is needed to pay the increased cost of 
     doing business that is attributable to the security needs of 
     the former President.''.
       (b) Surviving Spouses of Former Presidents.--
       (1) Increase in amount of monetary allowance.--Subsection 
     (e) of the first section of the Former Presidents Act of 1958 
     is amended--
       (A) in the first sentence, by striking ``$20,000 per 
     annum,'' and inserting ``$100,000 per year (subject to 
     paragraph (4)),''; and
       (B) in the second sentence--
       (i) in paragraph (2), by striking ``and'' at the end;
       (ii) in paragraph (3)--

       (I) by striking ``or the government of the District of 
     Columbia''; and
       (II) by striking the period and inserting ``; and''; and

       (iii) by inserting after paragraph (3) the following:
       ``(4) shall, after its commencement date, be increased at 
     the same time that, and by the same percentage by which, 
     annuities of former Presidents are increased under subsection 
     (c).''.
       (2) Coverage of widower of a former president.--Subsection 
     (e) of the first section of the Former Presidents Act of 
     1958, as amended by paragraph (1), is amended--
       (A) by striking ``widow'' each place it appears and 
     inserting ``widow or widower''; and
       (B) by striking ``she'' and inserting ``she or he''.
       (c) Subsection Headings.--The first section of the Former 
     Presidents Act of 1958 is amended--
       (1) in subsection (e), by inserting after the subsection 
     enumerator the following: ``Widows and Widowers.--'';
       (2) in subsection (f), by inserting after the subsection 
     enumerator the following: ``Definition.--''; and
       (3) in subsection (g), by inserting after the subsection 
     enumerator the following: ``Authorization of 
     Appropriations.--''.

     SEC. 3. RULE OF CONSTRUCTION.

       Nothing in this Act or an amendment made by this Act shall 
     be construed to affect--
       (1) any provision of law relating to the security or 
     protection of a former President or a member of the family of 
     a former President; or
       (2) funding, under the Former Presidents Act of 1958 or any 
     other law, to carry out any provision of law described in 
     paragraph (1).

     SEC. 4. TRANSITION RULES.

       (a) Former Presidents.--In the case of any individual who 
     is a former President on the date of enactment of this Act, 
     the amendment made by section 2(a) shall be applied as if the 
     commencement date referred in subsection (b)(1)(A) of the 
     first section of the Former Presidents Act of 1958, as 
     amended by section 2(a), coincided with such date of 
     enactment.
       (b) Widows.--In the case of any individual who is the widow 
     of a former President on the date of enactment of this Act, 
     the amendments made by section 2(b)(1) shall be applied as if 
     the commencement date referred to in subsection (e)(1) of the 
     first section of the Former Presidents Act of 1958, as 
     amended by section 2(b)(1), coincided with such date of 
     enactment.

     SEC. 5. APPLICABILITY.

       For a former President receiving a monetary allowance under 
     the Former Presidents Act of 1958 on the day before the date 
     of enactment of this Act, the limitation under subsection 
     (d)(1) of the first section of that Act, as amended by 
     section 2(a), shall apply to the monetary allowance of the 
     former President, except to the extent that the application 
     of the limitation would prevent the former President from 
     being able to pay the cost of a lease or other contract that 
     is in effect on the day before the date of enactment of this 
     Act and under which the former President makes payments using 
     the monetary allowance, as determined by the Administrator of 
     General Services.
                                 ______
                                 
  SA 4853. Mr. McCONNELL (for Mr. Thune) proposed an amendment to the 
bill S. 2736, to improve access to durable medical equipment for 
Medicare beneficiaries under the Medicare program, and for other 
purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Patient Access to Durable 
     Medical Equipment Act of 2016''.

     SEC. 2. EXTENSION OF THE TRANSITION TO NEW PAYMENT RATES FOR 
                   DURABLE MEDICAL EQUIPMENT UNDER THE MEDICARE 
                   PROGRAM.

       The Secretary of Health and Human Services shall extend the 
     transition period described in clause (i) of section 
     414.210(g)(9) of title 42, Code of Federal Regulations, from 
     June 30, 2016, to June 30, 2017 (with the full implementation 
     described in clause (ii) of such section applying to items 
     and services furnished with dates of service on or after July 
     1, 2017).

     SEC. 3. FLOOR ON BID CEILING FOR COMPETITIVE ACQUISITION FOR 
                   DURABLE MEDICAL EQUIPMENT UNDER THE MEDICARE 
                   PROGRAM.

       Section 1847(b)(5) of the Social Security Act (42 U.S.C. 
     1395w-3(b)(5)) is amended--
       (1) in subparagraph (A)--
       (A) by inserting ``, subject to subparagraph (E),'' after 
     ``subsection (a)(2)''; and
       (B) by inserting ``, subject to subparagraph (E),'' after 
     ``Based on such bids''; and
       (2) by adding at the end the following new subparagraph:
       ``(E) Floor on bid ceiling for durable medical equipment.--
       ``(i) In general.--The ceiling for a bid submitted for 
     applicable covered items may not be less than the fee 
     schedule amount that would otherwise be determined under 
     section 1834(a), section 1834(h), or section 1842(s) for such 
     items furnished on July 1, 2016 (determined as if section 2 
     of the Patient Access to Durable Medical Equipment Act of 
     2016 had not been enacted).
       ``(ii) Applicable covered items defined.--For purposes of 
     this subparagraph, the term `applicable covered items' means 
     competitively priced items and services described in 
     subsection (a)(2) that are furnished with respect to rounds 
     of competition that begin on or after January 1, 2017.''.

     SEC. 4. REQUIREMENTS IN DETERMINING ADJUSTMENTS USING 
                   INFORMATION FROM COMPETITIVE BIDDING PROGRAMS.

       (a) In General.--Section 1834(a)(1)(G) of the Social 
     Security Act (42 U.S.C. 1395m(a)(1)(G)) is amended by adding 
     at the end the following new sentence: ``In the case of items 
     and services furnished on or after January 1, 2019, in making 
     any adjustments under clause (ii) or (iii) of subparagraph 
     (F), under subsection (h)(1)(H)(ii), or under section 
     1842(s)(3)(B), the Secretary shall--
       ``(i) solicit and take into account stakeholder input; and
       ``(ii) take into account the highest amount bid by a 
     winning supplier in a competitive acquisition area and a 
     comparison of each of the following with respect to non-
     competitive acquisition areas and competitive acquisition 
     areas:

       ``(I) The average travel distance and cost associated with 
     furnishing items and services in the area.
       ``(II) Any barriers to access for items and services in the 
     area.
       ``(III) The average delivery time in furnishing items and 
     services in the area.
       ``(IV) The average volume of items and services furnished 
     by suppliers in the area.
       ``(V) The number of suppliers in the area.''.

       (b) Conforming Amendments.--(1) Section 1834(h)(1)(H)(ii) 
     of the Social Security Act (42 U.S.C. 1395m(h)(1)(H)(ii)) is 
     amended by striking ``the Secretary'' and inserting ``subject 
     to subsection (a)(1)(G), the Secretary''.
       (2) Section 1842(s)(3)(B) of the Social Security Act (42 
     U.S.C. 1395m(s)(3)(B)) is amended by striking ``the 
     Secretary'' and inserting ``subject to section 1834(a)(1)(G), 
     the Secretary''.

     SEC. 5. REPORTS ON THE RESULTS OF THE MONITORING OF ACCESS OF 
                   MEDICARE BENEFICIARIES TO DURABLE MEDICAL 
                   EQUIPMENT AND OF HEALTH OUTCOMES.

       Not later than October 1, 2016, January 1, 2017, April 1, 
     2017, and July 1, 2017, the Secretary of Health and Human 
     Services shall publish on the Internet website of the Centers 
     for Medicare & Medicaid Services the results of the 
     monitoring of access of Medicare beneficiaries to durable 
     medical equipment and of health outcomes, as described on 
     page 66228 in the final rule published by the Center for 
     Medicare & Medicaid Services on November 6, 2014, and 
     entitled ``Medicare Program; End-Stage Renal Disease 
     Prospective Payment System, Quality Incentive Program, and 
     Durable Medical Equipment, Prosthetics, Orthotics, and 
     Supplies'' (79 Fed. Reg. 66120-66265).

     SEC. 6. REVISION OF EFFECTIVE DATE OF PROVISION LIMITING 
                   FEDERAL MEDICAID REIMBURSEMENT TO STATES FOR 
                   DURABLE MEDICAL EQUIPMENT (DME) TO MEDICARE 
                   PAYMENT RATES.

       (a) In General.--Section 1903(i)(27) of the Social Security 
     Act (42 U.S.C. 1396b(i)(27)) is

[[Page S4428]]

     amended by striking ``January 1, 2019'' and inserting 
     ``October 1, 2018''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in the enactment of section 
     503 of division O of Public Law 114-113.

                          ____________________