[Congressional Record (Bound Edition), Volume 162 (2016), Part 7]
[Senate]
[Pages 9382-9398]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4721. Mr. ROUNDS (for himself and 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:

       After section 217, insert the following:
       Sec. 2__. (a) Of amounts made available by this title for 
     the Office of Justice Programs to be used for tribal criminal 
     justice assistance, the Assistant Attorney General for the 
     Office of Justice Programs shall use not more than 
     $25,000,000 to replace outdated detention facilities located 
     on Indian land that the United States has determined to be 
     unfit for detention purposes and beyond rehabilitation.
       (b) In conducting activities described in subsection (a), 
     the Assistant Attorney General for the Office of Justice 
     Programs shall give priority to detention facilities located 
     on the land of Indian tribes with not fewer than 10,000 
     members and that demonstrate readiness and preparedness to 
     commence construction.
                                 ______
                                 
  SA 4722. Mr. LEE 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) Notwithstanding any other provision of law, 
     none of the funds appropriated or otherwise made available by 
     this Act may be used--
       (1) to require or coerce an educational institution to 
     enforce, or suggest an educational institution enforce, a 
     more strict actionable harassment standard than that provided 
     under subsection (b); and
       (2) by the Department of Justice to take action against an 
     educational institution or State for not implementing 
     guidance, instruction, or a rule promulgated by the 
     Department of Education regarding a more strict actionable 
     harassment standard than that provided under subsection (b).
       (b) Speech shall constitute actionable harassment only if 
     the speech--
       (1) is directed at an individual; and
       (2)(A) is part of a pattern of targeted, unwelcome conduct 
     that is discriminatory on the basis of race, color, national 
     origin, disability, religion, age, sex, or gender;
       (B) is severe, pervasive, and objectively offensive; and
       (C) so undermines and detracts from the victim's 
     educational experience that the victim is effectively denied 
     equal access to the institution's resources and 
     opportunities.

[[Page 9383]]


                                 ______
                                 
  SA 4723. Mr. CORNYN 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--National Aeronautics and Space Administration

       Sec. 301.  None of the funds appropriated or otherwise made 
     available by this Act may be used by the National Aeronautics 
     and Space Administration to prepare a budget request for 
     fiscal year 2018 that does not maintain development 
     milestones and launch schedules for human exploration 
     missions and programs to which the Administration is formally 
     committed or as otherwise identified by this Act.
                                 ______
                                 
  SA 4724. Mrs. SHAHEEN 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 52, line 1, strike ``$13,500,000'' and insert 
     ``$25,000,000, of which $12,500,000 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 4725. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill H.R. 2578, making appropriations for the Departments 
of Commerce and Justice, Science, and Related Agencies for the fiscal 
year ending September 30, 2016, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title V (before the short title), insert the 
     following:

     SEC. __. COLLECTION OF PAY DATA THROUGH EMPLOYER INFORMATION 
                   REPORT EEO-1.

       (a) Findings.--Congress finds the following:
       (1) The Equal Employment Opportunity Commission (referred 
     to in this section as the ``Commission'') is responsible for 
     enforcing title VII of the Civil Rights Act of 1964 (42 
     U.S.C. 2000e et seq.), including section 701(k) of that title 
     (commonly known as the ``Pregnancy Discrimination Act'') (42 
     U.S.C. 2000e(k)), section 6(d) of the Fair Labor Standards 
     Act of 1963 (commonly known as the ``Equal Pay Act of 1963'') 
     (29 U.S.C. 206(d)), title I of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12111 et seq.), the 
     Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 
     2000ff et seq.), section 504 of the Rehabilitation Act (29 
     U.S.C. 794), the Age Discrimination in Employment Act of 1967 
     (29 U.S.C. 621 et seq.), and other Federal civil rights laws 
     that prohibit discrimination in employment.
       (2) Employment discrimination can manifest in many ways 
     including firing an employee, paying an employee less, 
     failing to promote an employee, or demoting an employee, 
     because of the employee's race, sex, color, religion, 
     national origin, age, disability, sexual orientation, or 
     gender identity.
       (3) Today, on average, women make just 79 cents for every 
     dollar that men make. African-American and Hispanic women are 
     paid just 60 cents and 55 cents, respectively, for every 
     dollar that non-Hispanic White men are paid.
       (4) For 50 years, the Commission has collected employment 
     data through the Employer Information Report EEO-1, which 
     provides workforce profiles from private sector employers, 
     categorized by race, ethnicity, sex, and job category.
       (5) Pursuant to section 709(c) of the Civil Rights Act of 
     1964 (42 U.S.C. 2000e-8(c)), the Commission has the authority 
     to collect pay data (including W-2 earnings and hours worked 
     by employees) from employers.
       (6) The Commission recently proposed, and has the authority 
     to finalize, a new rule supplementing the information 
     collected through the Employer Information Report EEO-1 to 
     collect pay data from employers in order to obtain insight 
     into pay disparities across industries and occupations and 
     strengthen Federal efforts to combat discrimination.
       (7) The data will help employers better understand their 
     pay practices and voluntarily address gender-based pay 
     imbalances, as well as identify pay disparities that may 
     warrant further examination by the Commission.
       (b) Transfer of Funds for Information Collection.--The 
     Secretary of Commerce shall transfer $1,000,000 of the funds 
     made available by this Act from the appropriations account 
     under the heading ``salaries and expenses'' under the heading 
     ``Departmental Management'' of the Department of Commerce, to 
     the appropriations account under the heading ``salaries and 
     expenses'' of the Commission. Such transferred funds may only 
     be used to finalize and implement the regulation referred to 
     in the notice entitled ``Agency Information Collection 
     Activities: Revision of the Employer Information Report (EEO-
     1) and Comment Request'', published by the Commission (81 
     Fed. Reg. 5113 (February 1, 2016)).
                                 ______
                                 
  SA 4726. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill H.R. 2578, making appropriations for the Departments 
of Commerce and Justice, Science, and Related Agencies for the fiscal 
year ending September 30, 2016, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title V (before the short title), insert the 
     following:

     SEC. __. COLLECTION OF PAY DATA THROUGH EMPLOYER INFORMATION 
                   REPORT EEO-1.

       (a) Findings.--Congress finds the following:
       (1) The Equal Employment Opportunity Commission (referred 
     to in this section as the ``Commission'') is responsible for 
     enforcing title VII of the Civil Rights Act of 1964 (42 
     U.S.C. 2000e et seq.), including section 701(k) of that title 
     (commonly known as the ``Pregnancy Discrimination Act'') (42 
     U.S.C. 2000e(k)), section 6(d) of the Fair Labor Standards 
     Act of 1963 (commonly known as the ``Equal Pay Act of 1963'') 
     (29 U.S.C. 206(d)), title I of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12111 et seq.), the 
     Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 
     2000ff et seq.), section 504 of the Rehabilitation Act (29 
     U.S.C. 794), the Age Discrimination in Employment Act of 1967 
     (29 U.S.C. 621 et seq.), and other Federal civil rights laws 
     that prohibit discrimination in employment.
       (2) Employment discrimination can manifest in many ways 
     including firing an employee, paying an employee less, 
     failing to promote an employee, or demoting an employee, 
     because of the employee's race, sex, color, religion, 
     national origin, age, disability, sexual orientation, or 
     gender identity.
       (3) Today, on average, women make just 79 cents for every 
     dollar that men make. African-American and Hispanic women are 
     paid just 60 cents and 55 cents, respectively, for every 
     dollar that non-Hispanic White men are paid.
       (4) For 50 years, the Commission has collected employment 
     data through the Employer Information Report EEO-1, which 
     provides workforce profiles from private sector employers, 
     categorized by race, ethnicity, sex, and job category.
       (5) Pursuant to section 709(c) of the Civil Rights Act of 
     1964 (42 U.S.C. 2000e-8(c)), the Commission has the authority 
     to collect pay data (including W-2 earnings and hours worked 
     by employees) from employers.
       (6) The Commission recently proposed, and has the authority 
     to finalize, a new rule supplementing the information 
     collected through the Employer Information Report EEO-1 to 
     collect pay data from employers in order to obtain insight 
     into pay disparities across industries and occupations and 
     strengthen Federal efforts to combat discrimination.
       (7) The data will help employers better understand their 
     pay practices and voluntarily address gender-based pay 
     imbalances, as well as identify pay disparities that may 
     warrant further examination by the Commission.
       (b) Transfer of Funds for Information Collection.--The 
     Secretary of Commerce shall transfer $1,000,000 of the funds 
     made available by this Act from the appropriations account 
     under the heading ``salaries and expenses'' under the heading 
     ``Departmental Management'' of the Department of Commerce, to 
     the appropriations account under the heading ``salaries and 
     expenses'' of the Commission. Such transferred funds may only 
     be used to finalize and implement the regulation referred to 
     in the notice entitled ``Agency Information Collection 
     Activities: Revision of the Employer Information Report (EEO-
     1) and Comment Request'', published by the Commission (81 
     Fed. Reg. 5113 (February 1, 2016)).
                                 ______
                                 
  SA 4727. Mr. CORNYN (for Mr. Grassley (for himself, Mr. Cornyn, Mr. 
Leahy, Mrs. Feinstein, and Mr. Lankford)) proposed an amendment to the 
bill S. 2577, to protect crime victims' rights, to eliminate the 
substantial backlog of DNA and other forensic evidence samples to 
improve and expand the forensic science testing capacity of Federal, 
State, and local crime laboratories, to increase research and 
development of new testing technologies, to develop new training 
programs regarding the collection and use of forensic evidence, to 
provide post-conviction testing of DNA evidence to exonerate the 
innocent, to

[[Page 9384]]

support accreditation efforts of forensic science laboratories and 
medical examiner offices, to address training and equipment needs, to 
improve the performance of counsel in State capital cases, and for 
other purposes; as follows:

       On page 6, line 2, strike ``Of the amounts'' and insert 
     ``(a) In General.--Of the amounts''.
       On page 6, between lines 21 and 22, insert the following:
       (b) Reporting.--
       (1) Report by grant recipients.--With respect to amounts 
     made available to the Attorney General for a DNA Analysis and 
     capacity enhancement program and for other local, State, and 
     Federal forensic activities under the heading ``state and 
     local law enforcement'' under the heading ``Office of Justice 
     Programs'' under the heading ``DEPARTMENT OF JUSTICE'', the 
     Attorney General shall require recipients of the amounts to 
     report on the effectiveness of the activities carried out 
     using the amounts, including any information the Attorney 
     General needs in order to submit the report required under 
     paragraph (2).
       (2) Report to congress.--Not later than 1 month after the 
     last day of each even-numbered fiscal year, the Attorney 
     General shall submit to the Committee on the Judiciary of the 
     Senate and the Committee on the Judiciary of the House of 
     Representatives a report that includes, for each recipient of 
     amounts described in paragraph (1)--
       (A) the amounts distributed to the recipient;
       (B) a summary of the purposes for which the amounts were 
     used and an evaluation of the progress of the recipient in 
     achieving those purposes;
       (C) a statistical summary of the crime scene samples and 
     arrestee or offender samples submitted to laboratories, the 
     average time between the submission of a sample to a 
     laboratory and the testing of the sample, and the percentage 
     of the amounts that were paid to private laboratories; and
       (D) an evaluation of the effectiveness of the grant amounts 
     in increasing capacity and reducing backlogs.

       On page 37, between lines 21 and 22, insert the following:
       (10) Preventing duplicative grants.--
       (A) In general.--Before the Attorney General awards a grant 
     to an applicant under this Act, the Attorney General shall 
     compare potential grant awards with other grants awarded 
     under this Act to determine whether duplicate grants are 
     awarded for the same purpose.
       (B) Report.--If the Attorney General awards duplicate 
     grants to the same applicant for the same purpose, the 
     Attorney General shall submit to the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives a report that includes--
       (i) a list of all duplicate grants awarded, including the 
     total dollar amount of any duplicate grants awarded; and
       (ii) the reason the Attorney General awarded the duplicate 
     grants.
       On page 40, line 25, strike ``sections 3663 and 3663A'' and 
     insert ``each provision of this title and the Controlled 
     Substances Act (21 U.S.C. 801 et seq.) that authorizes 
     restitution''.
       On page 41, line 7, strike ``sections 3663 and 3663A'' and 
     insert ``each provision of this title and the Controlled 
     Substances Act (21 U.S.C. 801 et seq.) that authorizes 
     restitution''.
       On page 41, line 15, strike ``sections 3663 and 3663A'' and 
     insert ``each provision of this title and the Controlled 
     Substances Act (21 U.S.C. 801 et seq.) that authorizes 
     restitution''.
       On page 41, line 22, insert ``or the Controlled Substances 
     Act (21 U.S.C. 801 et seq.)'' after ``this title''.
       On page 42, lines 21 and 22, strike ``sections 3663 and 
     3663A'' and insert ``each provision of this title and the 
     Controlled Substances Act (21 U.S.C. 801 et seq.) that 
     authorizes restitution''.
       On page 43, line 3, insert ``the'' before ``date''.
                                 ______
                                 
  SA 4728. Mr. KIRK 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:

       In the matter under the heading ``buildings and 
     facilities'' under the heading ``Federal Prison System'' 
     under the heading ``DEPARTMENT OF JUSTICE'' in title II, 
     strike ``and of which'' and insert ``of which $6,000,000 
     shall be available to test methods and procedures to prevent 
     illegal inmate telecommunications covering all commercial 
     networks through managed access while not interfering with 
     the legitimate use of the spectrum, and of which''.
                                 ______
                                 
  SA 4729. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill H.R. 2578, making appropriations for the Departments of 
Commerce and Justice, Science, and Related Agencies for the fiscal year 
ending September 30, 2016, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REPORT REGARDING THE IMPLEMENTATION OF THE REGIONAL 
                   BIOSECURITY PLAN FOR MICRONESIA AND HAWAII.

       (a) Requirement for Report.--The Secretary of Commerce 
     shall submit to the Committee on Appropriations of the Senate 
     and the Committee on Appropriations of the House of 
     Representatives, at the time the President's budget for 
     fiscal year 2018 is submitted under section 1105(a) of title 
     31, United States Code, an annual report on the activities 
     carried out by the National Oceanic and Atmospheric 
     Administration to implement the Regional Biosecurity Plan for 
     Micronesia and Hawaii.
       (b) Contents.--The report required by subsection (a) shall 
     include--
       (1) an update of the activities carried out by the National 
     Oceanic and Atmospheric Administration to implement the 
     Regional Biosecurity Plan for Micronesia and Hawaii in the 
     previous fiscal year;
       (2) a description of activities that the Administrator of 
     the National Oceanic and Atmospheric Administration intends 
     to implement to carry out such Plan; and
       (3) an estimate of the funds needed to carry out the 
     activities referred to in paragraph (2).
                                 ______
                                 
  SA 4730. Ms. HIRONO 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. ____.  Amounts provided by this Act or by any prior 
     appropriations Act that remain available for obligation, for 
     necessary expenses of the programs of the Bureau of Justice 
     Statistics of the Department of Justice, shall be available 
     to make grants to, or enter into cooperative agreements or 
     contracts with, public agencies, institutions of higher 
     education, private organizations, or private individuals to 
     disaggregate local, State and Federal criminal justice 
     statistics to the extent possible by Hispanic origin and the 
     racial group categories in the decennial census. The total 
     amount of grants made under this section in any fiscal year 
     may not be greater than $1,000,000.
                                 ______
                                 
  SA 4731. Ms. HIRONO 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:

       After section 113, insert the following:
       Sec. 114.  The Secretary of Commerce shall use funds made 
     available by this Act to carry out a prize competition as 
     authorized by section 24 of the Stevenson-Wydler Technology 
     Innovation Act of 1980 (15 U.S.C. 3719) to address coral reef 
     health.
                                 ______
                                 
  SA 4732. Mr. INHOFE 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:

            TITLE __--KEEP OUR COMMUNITIES SAFE ACT OF 2016

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Keep Our Communities Safe 
     Act of 2016''.

     SEC. _02. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) Constitutional rights should be upheld and protected;
       (2) Congress intends to uphold the Constitutional principle 
     of due process; and
       (3) due process of the law is a right afforded to everyone 
     in the United States.

     SEC. _03. DETENTION OF DANGEROUS ALIENS DURING REMOVAL 
                   PROCEEDINGS.

       Section 236 of the Immigration and Nationality Act (8 
     U.S.C. 1226) is amended--
       (1) by striking ``Attorney General'' each place such term 
     appears (except in the second place it appears in subsection 
     (a)) and inserting ``Secretary of Homeland Security'';
       (2) in subsection (a)--

[[Page 9385]]

       (A) in the matter preceding paragraph (1), by inserting 
     ``the Secretary of Homeland Security or'' before ``the 
     Attorney General--''; and
       (B) in paragraph (2)(B), by striking ``conditional parole'' 
     and inserting ``recognizance'';
       (3) in subsection (b)--
       (A) in the subsection heading, by striking ``Parole'' and 
     inserting ``Recognizance''; and
       (B) by striking ``parole'' and inserting ``recognizance'';
       (4) in subsection (c)(1), by striking the undesignated 
     matter following subparagraph (D) and inserting the 
     following:
     ``any time after the alien is released, without regard to 
     whether an alien is released related to any activity, 
     offense, or conviction described in this paragraph; to 
     whether the alien is released on parole, supervised release, 
     or probation; or to whether the alien may be arrested or 
     imprisoned again for the same offense. If the activity 
     described in this paragraph does not result in the alien 
     being taken into custody by any person other than the 
     Secretary, then when the alien is brought to the attention of 
     the Secretary or when the Secretary determines it is 
     practical to take such alien into custody, the Secretary 
     shall take such alien into custody.'';
       (5) in subsection (e), by striking ``Attorney General's'' 
     and inserting ``Secretary of Homeland Security's''; and
       (6) by adding at the end the following:
       ``(f) Length of Detention.--
       ``(1) Notwithstanding any other provision of this section, 
     an alien may be detained under this section for any period, 
     without limitation, except as provided in subsection (i), 
     until the alien is subject to a final order of removal.
       ``(2) The length of detention under this section shall not 
     affect a detention under section 241.
       ``(g) Administrative Review.--
       ``(1) Limitation.--The Attorney General's review of the 
     Secretary's custody determinations under subsection (a) shall 
     be limited to whether the alien may be detained, released on 
     bond (of at least $1,500 with security approved by the 
     Secretary), or released with no bond. Any review involving an 
     alien described in paragraph (2)(D) shall be limited to a 
     determination of whether the alien is properly included in 
     such category.
       ``(2) Classes of aliens.--The Attorney General shall review 
     the Secretary's custody determinations for the following 
     classes of aliens:
       ``(A) Aliens in exclusion proceedings.
       ``(B) Aliens described in sections 212(a)(3) and 237(a)(4).
       ``(C) Aliens described in subsection (c).
       ``(D) Aliens in deportation proceedings subject to section 
     242(a)(2) (as in effect between April 24, 1996, and April 1, 
     1997).
       ``(h) Release on Bond.--
       ``(1) In general.--An alien detained under subsection (a) 
     may seek release on bond. No bond may be granted except to an 
     alien who establishes by clear and convincing evidence that 
     the alien is not a flight risk or a risk to another person or 
     the community.
       ``(2) Certain aliens ineligible.--No alien detained under 
     subsection (c) may seek release on bond.''.

     SEC. _04. ALIENS ORDERED REMOVED.

       Section 241(a) of the Immigration and Nationality Act (8 
     U.S.C. 1231(a)) is amended--
       (1) by striking ``Attorney General'' each place it appears, 
     except for the first place it appears in paragraph (4)(B)(i), 
     and inserting ``Secretary of Homeland Security'';
       (2) in paragraph (1)--
       (A) by amending subparagraphs (B) and (C) to read as 
     follows:
       ``(B) Beginning of period.--The removal period begins on 
     the latest of--
       ``(i) the date on which the order of removal becomes 
     administratively final;
       ``(ii) the date on which the alien is taken into such 
     custody if the alien is not in the custody of the Secretary 
     on the date on which the order of removal becomes 
     administratively final; and
       ``(iii) the date on which the alien is taken into the 
     custody of the Secretary after the alien is released from 
     detention or confinement if the alien is detained or confined 
     (except for an immigration process) on the date on which the 
     order of removal becomes administratively final.
       ``(C) Suspension of period.--
       ``(i) Extension.--The removal period shall be extended 
     beyond a period of 90 days and the Secretary may, in the 
     Secretary's sole discretion, keep the alien in detention 
     during such extended period, if--

       ``(I) the alien fails or refuses to make all reasonable 
     efforts to comply with the removal order, or to fully 
     cooperate with the Secretary's efforts to establish the 
     alien's identity and carry out the removal order, including 
     making timely application in good faith for travel or other 
     documents necessary to the alien's departure or conspires or 
     acts to prevent the alien's removal that is subject to an 
     order of removal;
       ``(II) a court, the Board of Immigration Appeals, or an 
     immigration judge orders a stay of removal of an alien who is 
     subject to an administratively final order of removal;
       ``(III) the Secretary transfers custody of the alien 
     pursuant to law to another Federal agency or a State or local 
     government agency in connection with the official duties of 
     such agency; or
       ``(IV) a court or the Board of Immigration Appeals orders a 
     remand to an immigration judge or the Board of Immigration 
     Appeals, during the time period when the case is pending a 
     decision on remand (with the removal period beginning anew on 
     the date that the alien is ordered removed on remand).

       ``(ii) Renewal.--If the removal period has been extended 
     under clause (i), a new removal period shall be deemed to 
     have begun on the date on which--

       ``(I) the alien makes all reasonable efforts to comply with 
     the removal order, or to fully cooperate with the Secretary's 
     efforts to establish the alien's identity and carry out the 
     removal order;
       ``(II) the stay of removal is no longer in effect; or
       ``(III) the alien is returned to the custody of the 
     Secretary.

       ``(iii) Mandatory detention for certain aliens.--The 
     Secretary shall keep an alien described in subparagraphs (A) 
     through (D) of section 236(c)(1) in detention during the 
     extended period described in clause (i).
       ``(iv) Sole form of relief.--An alien may only seek relief 
     from detention under this subparagraph by filing an 
     application for a writ of habeas corpus in accordance with 
     chapter 153 of title 28, United States Code. No alien whose 
     period of detention is extended under this subparagraph shall 
     have the right to seek release on bond.'';
       (3) in paragraph (3)--
       (A) in the matter preceding subparagraph (A), by inserting 
     ``or is not detained pursuant to paragraph (6)'' after ``the 
     removal period''; and
       (B) by amending subparagraph (D) to read as follows:
       ``(D) to obey reasonable restrictions on the alien's 
     conduct or activities that the Secretary prescribes for the 
     alien--
       ``(i) to prevent the alien from absconding;
       ``(ii) for the protection of the community; or
       ``(iii) for other purposes related to the enforcement of 
     Federal immigration laws.'';
       (4) in paragraph (4)(A), by striking ``paragraph (2)'' and 
     inserting ``subparagraph (B)''; and
       (5) by amending paragraph (6) to read as follows:
       ``(6) Additional rules for detention or release of certain 
     aliens.--
       ``(A) Detention review process for cooperative aliens 
     established.--
       ``(i) In general.--The Secretary shall establish an 
     administrative review process to determine whether an alien 
     who is not otherwise subject to mandatory detention, who has 
     made all reasonable efforts to comply with a removal order 
     and to cooperate fully with the Secretary of Homeland 
     Security's efforts to establish the alien's identity and 
     carry out the removal order, including making timely 
     application in good faith for travel or other documents 
     necessary to the alien's departure, and who has not conspired 
     or acted to prevent removal should be detained or released on 
     conditions.
       ``(ii) Determination.--The Secretary shall make a 
     determination whether to release an alien after the removal 
     period in accordance with subparagraph (B), which--

       ``(I) shall include consideration of any evidence submitted 
     by the alien; and
       ``(II) may include consideration of any other evidence, 
     including--

       ``(aa) any information or assistance provided by the 
     Secretary of State or other Federal official; and
       ``(bb) any other information available to the Secretary of 
     Homeland Security pertaining to the ability to remove the 
     alien.
       ``(B) Authority to detain beyond removal period.--
       ``(i) In general.--The Secretary of Homeland Security may 
     continue to detain an alien for 90 days beyond the removal 
     period (including any extension of the removal period under 
     paragraph (1)(C)). An alien whose detention is extended under 
     this subparagraph shall not have the right to seek release on 
     bond.
       ``(ii) Specific circumstances.--The Secretary of Homeland 
     Security may continue to detain an alien beyond the 90 days 
     authorized under clause (i)--

       ``(I) until the alien is removed, if the Secretary 
     determines that there is a significant likelihood that the 
     alien--

       ``(aa) will be removed in the reasonably foreseeable 
     future;
       ``(bb) would be removed in the reasonably foreseeable 
     future; or
       ``(cc) would have been removed if the alien had not--
       ``(AA) failed or refused to make all reasonable efforts to 
     comply with the removal order;
       ``(BB) failed or refused to cooperate fully with the 
     Secretary's efforts to establish the alien's identity and 
     carry out the removal order, including making timely 
     application in good faith for travel or other documents 
     necessary to the alien's departure; or
       ``(CC) conspired or acted to prevent removal;

       ``(II) until the alien is removed, if the Secretary of 
     Homeland Security certifies in writing--

       ``(aa) in consultation with the Secretary of Health and 
     Human Services, that the alien

[[Page 9386]]

     has a highly contagious disease that poses a threat to public 
     safety;
       ``(bb) after receipt of a written recommendation from the 
     Secretary of State, that release of the alien is likely to 
     have serious adverse foreign policy consequences for the 
     United States;
       ``(cc) based on information available to the Secretary of 
     Homeland Security (including classified, sensitive, or 
     national security information, and without regard to the 
     grounds upon which the alien was ordered removed), that there 
     is reason to believe that the release of the alien would 
     threaten the national security of the United States; or
       ``(dd) that the release of the alien will threaten the 
     safety of the community or any person, conditions of release 
     cannot reasonably be expected to ensure the safety of the 
     community or of any person; and
       ``(AA) the alien has been convicted of 1 or more aggravated 
     felonies (as defined in section 101(a)(43)(A)) or of 1 or 
     more crimes identified by the Secretary of Homeland Security 
     by regulation, or of 1 or more attempts or conspiracies to 
     commit any such aggravated felonies or such identified 
     crimes, if the aggregate term of imprisonment for such 
     attempts or conspiracies is at least 5 years; or
       ``(BB) the alien has committed 1 or more crimes of violence 
     (as defined in section 16 of title 18, United States Code, 
     but not including a purely political offense) and, because of 
     a mental condition or personality disorder and behavior 
     associated with that condition or disorder, the alien is 
     likely to engage in acts of violence in the future; or

       ``(III) pending a certification under subclause (II), if 
     the Secretary of Homeland Security has initiated the 
     administrative review process not later than 30 days after 
     the expiration of the removal period (including any extension 
     of the removal period under paragraph (1)(C)).

       ``(iii) No right to bond hearing.--An alien whose detention 
     is extended under this subparagraph shall not have a right to 
     seek release on bond, including by reason of a certification 
     under clause (ii)(II).
       ``(C) Renewal and delegation of certification.--
       ``(i) Renewal.--The Secretary of Homeland Security may 
     renew a certification under subparagraph (B)(ii)(II) every 6 
     months after providing an opportunity for the alien to 
     request reconsideration of the certification and to submit 
     documents or other evidence in support of that request. If 
     the Secretary does not renew a certification, the Secretary 
     may not continue to detain the alien under subparagraph 
     (B)(ii)(II).
       ``(ii) Delegation.--Notwithstanding section 103, the 
     Secretary of Homeland Security may not delegate the authority 
     to make or renew a certification described in item (bb), 
     (cc), or (dd) of subparagraph (B)(ii)(II) below the level of 
     the Assistant Secretary for Immigration and Customs 
     Enforcement.
       ``(iii) Hearing.--The Secretary of Homeland Security may 
     request that the Attorney General or the Attorney General's 
     designee provide for a hearing to make the determination 
     described in subparagraph (B)(ii)(II)(dd)(BB).
       ``(D) Release on conditions.--If it is determined that an 
     alien should be released from detention by a Federal court, 
     the Board of Immigration Appeals, or if an immigration judge 
     orders a stay of removal, the Secretary of Homeland Security 
     may impose conditions on release as provided under paragraph 
     (3).
       ``(E) Redetention.--
       ``(i) In general.--The Secretary of Homeland Security, 
     without any limitations other than those specified in this 
     section, may detain any alien subject to a final removal 
     order who is released from custody if--

       ``(I) removal becomes likely in the reasonably foreseeable 
     future;
       ``(II) the alien fails to comply with the conditions of 
     release or to continue to satisfy the conditions described in 
     subparagraph (A); or
       ``(III) upon reconsideration, the Secretary determines that 
     the alien can be detained under subparagraph (B).

       ``(ii) Applicability.--This section shall apply to any 
     alien returned to custody pursuant to this subparagraph as if 
     the removal period terminated on the day of the redetention.
       ``(F) Review of determinations by secretary.--A 
     determination by the Secretary under this paragraph shall not 
     be subject to review by any other agency.''.

     SEC. _05. SEVERABILITY.

       If any of the provisions of this title, any amendment made 
     by this title, or the application of any such provision to 
     any person or circumstance, is held to be invalid for any 
     reason, the remainder of this title, the amendments made by 
     this title, and the application of the provisions and 
     amendments made by this title to any other person or 
     circumstance shall not be affected by such holding.

     SEC. _06. EFFECTIVE DATES.

       (a) Apprehension and Detention of Aliens.--The amendments 
     made by section _03 shall take effect on the date of the 
     enactment of this title. Section 236 of the Immigration and 
     Nationality Act, as amended by section _03, shall apply to 
     any alien in detention under the provisions of such section 
     on or after such date of enactment.
       (b) Aliens Ordered Removed.--The amendments made by section 
     _04 shall take effect on the date of the enactment of this 
     title. Section 241 of the Immigration and Nationality Act, as 
     amended by section _04, shall apply to--
       (1) all aliens subject to a final administrative removal, 
     deportation, or exclusion order that was issued before, on, 
     or after the date of the enactment of this title; and
       (2) acts and conditions occurring or existing before, on, 
     or after such date of enactment.
                                 ______
                                 
  SA 4733. Mr. CRUZ (for himself, Mr. Lee, Mr. Lankford, and Mr. 
Grassley) 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 to relinquish the responsibility of the National 
     Telecommunications and Information Administration with 
     respect to Internet domain name system functions, including 
     responsibility with respect to the authoritative root zone 
     file and the Internet Assigned Numbers Authority functions.
                                 ______
                                 
  SA 4734. Mr. CRUZ (for himself, Mr. Lee, and Mr. Lankford) 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 to relinquish the responsibility of the National 
     Telecommunications and Information Administration with 
     respect to Internet domain name system functions, including 
     responsibility with respect to the authoritative root zone 
     file and the Internet Assigned Numbers Authority functions 
     unless Congress affirmatively votes to authorize such 
     relinquishment.
                                 ______
                                 
  SA 4735. Mr. JOHNSON 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 by this Act for 
     the establishment and management of national marine 
     sanctuaries may be used to prohibit commercial cargo vessel 
     operations within the boundaries of any national marine 
     sanctuary that preserves shipwrecks or maritime heritage in 
     the Great Lakes, except that vessel anchoring outside of 
     United States Coast Guard approved anchorages may be 
     restricted to preserve historical underwater artifacts within 
     such sanctuary.
                                 ______
                                 
  SA 4736. Mr. GRASSLEY 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. ___. TAX RETURN IDENTITY THEFT PROTECTION.

       (a) Short Title.--This section may be cited as the ``Tax 
     Return Identity Theft Protection Act of 2016''.
       (b) Identity Theft for Purposes of Tax Return Fraud and 
     Other Fraud Against the Government.--Section 1028(b)(3) of 
     title 18, United States Code, is amended--
       (1) in subparagraph (B), by striking ``or'' at the end; and
       (2) by adding at the end the following:
       ``(D) during and in relation to a felony under section 7206 
     or 7207 of the Internal Revenue Code of 1986; or
       ``(E) during and in relation to a violation of section 286, 
     287, or 641;''.
       (c) Sentencing Guidelines Enhancements for Vulnerable 
     Victims.--Pursuant to its authority under section 994 of 
     title 28,

[[Page 9387]]

     United States Code, and in accordance with this subsection, 
     the United States Sentencing Commission shall amend and 
     review the Federal sentencing guidelines and policy 
     statements to ensure that the guidelines provide for a 
     penalty enhancement of not less than 2 offense levels for a 
     violation of subsection (a) of section 1028 of title 18, 
     United States Code, if--
       (1) the offense is punishable under subparagraph (D) or (E) 
     of subsection (b)(3) of that section, as added by subsection 
     (b) of this section; and
       (2) the defendant victimized or targeted not less than 5 
     individuals who were--
       (A) deceased;
       (B) over the age of 55;
       (C) citizens of territories or possessions of the United 
     States;
       (D) under the age of 14;
       (E) not required to file a Federal income tax return due to 
     not meeting income criteria levels necessitating filing; or
       (F) active duty members of the Armed Forces.
       (d) State of Mind Proof Requirement for Identity Theft.--
     Section 1028 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(j) State of Mind Proof Requirement.--In a prosecution 
     under subsection (a)(7) or section 1028A, the Government 
     shall not be required to prove that the defendant knew the 
     means of identification was of another person.''.
                                 ______
                                 
  SA 4737. Mr. GRASSLEY (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:

       After section 217, insert the following:
       Sec. 218. (a) Penalties for Maritime Offenses.--
       (1) Penalties for violence against maritime navigation.--
     Section 2280a(a)(1) of title 18, United States Code, is 
     amended, in the undesignated matter following subparagraph 
     (E), by inserting ``punished by death or'' before 
     ``imprisoned for any term''.
       (2) Penalties for offenses against maritime fixed 
     platforms.--Section 2281a(a)(1) of such title is amended, in 
     the undesignated matter following subparagraph (C), by 
     inserting ``punished by death or'' before ``imprisoned for 
     any term''.
       (b) Penalties for Acts of Nuclear Terrorism.--Section 
     2332i(c) of title 18, United States Code, is amended to read 
     as follows:
       ``(c) Penalties.--Any person who violates this section 
     shall be punished as provided under section 2332a(a).''.
       (c) Providing Material Support to Terrorists Predicates.--
       (1) Maritime offenses.--Section 2339A(a) of title 18, 
     United States Code, is amended--
       (A) by inserting ``2280a,'' after ``2280,''; and
       (B) by inserting ``2281a,'' after ``2281,''.
       (2) Acts of nuclear terrorism.--Section 2339A(a) of such 
     title, as amended by subsection (a), is further amended by 
     inserting ``2332i,'' after ``2332f,''.
       (d) Wiretap Authorization Predicates.--
       (1) Maritime offenses.--Section 2516(1) of title 18, United 
     States Code, is amended--
       (A) in paragraph (p), by striking ``or'' at the end; and
       (B) in paragraph (q), by inserting ``, section 2280, 2280a, 
     2281, or 2281a (relating to maritime safety),'' after 
     ``weapons)''.
       (2) Acts of nuclear terrorism.--Section 2516(1)(q) of such 
     title, as amended by subsection (a)(2), is further amended by 
     inserting ``, 2332i,'' after ``2332h''.
                                 ______
                                 
  SA 4738. Mr. LANKFORD (for himself, Mr. Cornyn, Mr. Lee, Mr. Hatch, 
Mr. Cruz, Mr. Inhofe, and Mr. Johnson) 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, add the following:
       Sec. 539.  None of the funds made available by this Act may 
     be used to enter into a civil settlement agreement on behalf 
     of the United States that includes a term requiring that any 
     donation be made to any nonparty by any party-defendant to 
     such agreement.
                                 ______
                                 
  SA 4739. Mr. LANKFORD 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 90, line 18, strike ``fiscal year'' and all that 
     follows through ``Provided, That'' on line 20 and insert 
     ``fiscal year shall remain in the Fund and be available for 
     obligation and expenditure for grants under such Act without 
     fiscal year limitation: Provided, That, for fiscal year 2017, 
     and each fiscal year thereafter, the greater of 
     $2,957,000,000 or the 3-year average of deposits into the 
     Fund, shall be available for obligation during such fiscal 
     year: Provided further, That''.
                                 ______
                                 
  SA 4740. Mr. TOOMEY 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. __. FIGHTING TERRORISM AND UPHOLDING DUE PROCESS.

       (a) Short Title.--This section may be cited as the 
     ``Fighting Terrorism and Upholding Due Process Act''.
       (b) Preventing the Transfer of a Firearm and the Issuance 
     or Maintenance of a Firearms or Explosives License or Permit 
     to Dangerous Terrorists.--Chapter 44 of title 18, United 
     States Code, is amended by inserting after section 922 the 
     following:

     ``922A. ATTORNEY GENERAL'S DISCRETION TO PROHIBIT TRANSFER OF 
                   A FIREARM AND DENY OR REVOKE A LICENSE OR 
                   PERMIT

       ``(a) Definitions.--In this section--
       ``(1) the term `Foreign Intelligence Surveillance Court' 
     has the meaning given the term in section 701 of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1881);
       ``(2) the term `material support or resources' shall 
     include all actions prohibited by section 2339A;
       ``(3) the term `terrorism' shall include `international 
     terrorism' and `domestic terrorism', as defined in section 
     2331; and
       ``(4) the term `Terrorism Firearm Screening List' means the 
     list developed by the Attorney General under subsection 
     (b)(4).
       ``(b) Development of Terrorism Firearm Screening List.--
       ``(1) In general.--The Attorney General may develop a list 
     of persons for whom the Attorney General determines, for each 
     person, that--
       ``(A) there is probable cause to believe the person is or 
     has been engaged in conduct constituting, in preparation for, 
     in aid of, or in support of terrorism, or providing material 
     support or resources for terrorism; and
       ``(B) there is reason to believe the person may use a 
     firearm in connection with terrorism.
       ``(2) Requirement.--The Attorney General shall submit to 
     the Foreign Intelligence Surveillance Court--
       ``(A) the list of persons developed under paragraph (1); 
     and
       ``(B) the information and documents, in unredacted form, 
     supporting the Attorney General's determinations as to which 
     persons are included on the list.
       ``(3) Determination.--Using the list, information, and 
     documents submitted under paragraph (2), the Foreign 
     Intelligence Surveillance Court shall determine, for each 
     person on the list, whether--
       ``(A) there is probable cause to believe the person is or 
     has been engaged in conduct constituting, in preparation for, 
     in aid of, or in support of terrorism, or providing material 
     support or resources for terrorism; and
       ``(B) there is reason to believe the person may use a 
     firearm in connection with terrorism.
       ``(4) Consolidated list.--The Attorney General shall 
     establish a list of persons whom the Foreign Intelligence 
     Surveillance Court determines meet the criteria described in 
     paragraph (3), to be known as the `Terrorism Firearm 
     Screening List'.
       ``(c) Periodic Updating and Review of Terrorism Firearm 
     Screening List.--
       ``(1) Updates to the list.--The Attorney General may, after 
     the development of the Terrorism Firearm Screening List, add 
     additional persons to the Terrorism Firearm Screening List by 
     following the procedures set forth in subsection (b) for each 
     person to be added.
       ``(2) Periodic judicial review.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of this section, and once every year thereafter, 
     the Attorney General shall submit to the Foreign Intelligence 
     Surveillance Court the Terrorism Firearm Screening List.
       ``(B) Review.--The Foreign Intelligence Surveillance Court 
     shall review the Terrorism Firearm Screening List submitted 
     under subparagraph (A) to determine whether any person on the 
     list should be removed by reason of no longer satisfying the 
     requirements described in subsection (b)(3).
       ``(C) Production of information.--Upon request of the 
     Foreign Intelligence Surveillance Court, the Attorney General 
     shall provide to the Court any information the Court 
     determines necessary to conduct the review required under 
     subparagraph (B).
       ``(D) Removal of names.--In conducting a review under 
     subparagraph (B), if the Foreign Intelligence Surveillance 
     Court determines that a person should be removed from

[[Page 9388]]

     the Terrorism Firearm Screening List because the person no 
     longer satisfies the requirements described in subsection 
     (b)(3), the Attorney General shall remove such person from 
     the Terrorism Firearm Screening List.
       ``(d) Authority to Prohibit Firearm Transfers and to Deny 
     or Revoke Licenses and Permits.--In accordance with 
     subsection (e), the Attorney General may prohibit a person 
     who is listed on the Terrorism Firearm Screening List in 
     accordance with subsections (b) and (c), or for whom there is 
     probable cause to believe the person is or has been engaged 
     in conduct constituting, in preparation for, in aid of, or in 
     support of terrorism, or providing material support or 
     resources for terrorism, and there is reason to believe the 
     person may use a firearm in connection with terrorism, from--
       ``(1) participating in the transfer of a firearm under 
     section 922;
       ``(2) receiving or maintaining a firearms license under 
     section 923; and
       ``(3) receiving or maintaining a license or permit for 
     explosive materials under section 843.
       ``(e) Procedure for Prohibiting Firearm Transfer or Denying 
     or Revoking a License or Permit.--
       ``(1) Procedure with regard to persons included on the 
     terrorism firearm screening List.--If the Attorney General 
     prohibits the transfer of a firearm or denies or revokes a 
     license or permit for firearms or explosive materials under 
     subsection (d) for a person who is listed on the Terrorism 
     Firearm Screening List--
       ``(A) the Attorney General shall--
       ``(i) not later than 7 days after the prohibition, denial, 
     or revocation, file a petition to sustain the prohibition, 
     denial, or revocation in the district court of the United 
     States for the district in which--
       ``(I) the firearm transfer was attempted;
       ``(II) the licensee or permit holder is located; or
       ``(III) the applicant for a license or permit is located;
       ``(ii) submit to the district court of the United States in 
     which the petition described in clause (i) is filed, the 
     evidence the Attorney General relied upon in determining that 
     the person should be added to Terrorism Firearm Screening 
     List and any exculpatory evidence that the Attorney General 
     possesses or has access to;
       ``(B) the person to whom the prohibition, denial, or 
     revocation applies, shall be entitled to--
       ``(i) a hearing at which the person may be represented by 
     counsel and a final judgment by the district court of the 
     United States not later than 60 days after the date on which 
     the attempted transfer of a firearm occurred or the Attorney 
     General denied or revoked a license or permit for firearms or 
     explosive materials; and
       ``(ii) in the case of an appeal of the decision of the 
     district court of the United States, a decision by the 
     reviewing court not later than 90 days after the date on 
     which the district court of the United States issues the 
     decision; and
       ``(C) the district court of the United States in which the 
     petition described in clause (i) is filed--
       ``(i) shall allow the Attorney General, for information the 
     United States has determined would likely compromise national 
     security, to submit summaries and redacted versions of 
     documents;
       ``(ii) shall review any summaries and redacted versions of 
     documents to ensure that the person to whom the prohibition, 
     denial, or revocation applies is receiving fair and accurate 
     representations of the underlying information and documents;
       ``(iii) shall ensure that any summaries and redacted 
     versions of documents accepted into evidence are fair and 
     accurate representations of the underlying information and 
     documents;
       ``(iv) shall provide copies of any summaries and redacted 
     versions of documents to the person to whom the prohibition, 
     denial, or revocation applies; and
       ``(v) shall not consider the full, undisclosed information 
     or documents in deciding whether to sustain the Attorney 
     General's decision to include the person on the Terrorism 
     Firearm Screening List; and
       ``(vi) shall issue an order that the Attorney General's 
     action prohibiting the transfer of a firearm or denying or 
     revoking a license or permit for a firearm or explosive 
     material was not authorized unless the Attorney General 
     demonstrates--
       ``(I) there is probable cause to believe the person is or 
     has been engaged in conduct constituting, in preparation for, 
     in aid of, or in support of terrorism, or providing material 
     support or resources for terrorism; and
       ``(II) there is reason to believe the person may use a 
     firearm in connection with terrorism.
       ``(D) Relief.--If a person who was subject to a 
     prohibition, denial, or revocation described in this 
     paragraph prevails in a proceeding under this paragraph, 
     including on appeal, the person shall be entitled to all 
     costs, including reasonable attorney's fees, and the Attorney 
     General shall immediately remove the individual from the 
     Terrorism Firearm Screening List.
       ``(2) Procedure with regard to persons not on the terrorism 
     firearm screening list.--If the Attorney General prohibits 
     the transfer of a firearm or revocation of a license or 
     permit for firearms or explosive materials under subsection 
     (d) for a person who is not listed on the Terrorism Firearm 
     Screening List, the following procedures shall apply:
       ``(A) Temporary ex parte order prohibiting transfer or 
     sustaining revocation.--
       ``(i) In general.--The Attorney General--
       ``(I) may deny the firearm transfer or revoke the license 
     or permit for the period described in section 
     922(t)(1)(B)(ii);
       ``(II) shall file an emergency petition to temporarily 
     prohibit the attempted transfer or sustain the revocation of 
     a license or permit for 7 additional days, with such petition 
     being filed with the Foreign Intelligence Surveillance Court 
     or a Federal district court (provided that if the Attorney 
     General files with a Federal district court, the Attorney 
     General can and will comply with all the requirements of this 
     paragraph, including the requirement to submit to the court 
     the information and documents, in unredacted form, that 
     support the Attorney General's petition);
       ``(III) as part of the petition described in subclause 
     (II), shall submit to the court the information and 
     documents, in unredacted form, that support the Attorney 
     General's petition.
       ``(ii) Court requirements.--The court shall deny an 
     emergency petition filed by the Attorney General under clause 
     (i) unless the Attorney General demonstrates--
       ``(I) there is probable cause to believe the person is or 
     has been engaged in conduct constituting, in preparation for, 
     in aid of, or in support of terrorism, or providing material 
     support or resources for terrorism; and
       ``(II) there is reason to believe such person may use a 
     firearm in connection with terrorism.
       ``(iii) Transfer allowed.--If an order is not issued under 
     this paragraph within the period described in section 
     922(t)(1)(B)(ii), the firearm transfer may proceed or the 
     revocation of the license or permit shall be cancelled.
       ``(B) Adversarial court proceeding to obtain a final order 
     prohibiting transfer of a firearm or revoking a license or 
     permit.--
       ``(i) In general.--If the Attorney General wishes to extend 
     an order that is issued under subparagraph (A)(ii)(II)--
       ``(I) the Attorney General shall--
       ``(aa) within 7 days after the order was granted under 
     subparagraph (A)(ii)(II), file a petition for a final order 
     prohibiting the transfer of a firearm or sustaining the 
     revocation of a license or permit, with such petition being 
     filed in the district court of the United States in which the 
     firearm transfer was attempted or the licensee or permit 
     holder is located
       ``(bb) submit to the district court of the United States in 
     which the petition described in item (aa) is filed, the 
     evidence supporting the Attorney General's petition and any 
     exculpatory evidence that the Attorney General possesses or 
     has access to;
       ``(II) the person whose attempted firearm transfer was 
     blocked shall be entitled to--
       ``(aa) a hearing at which the person may be represented by 
     counsel and a final judgment by the district court of the 
     United States not later than 60 days after the date on which 
     the attempted transfer of a firearm occurred or Attorney 
     General revoked a license or permit for firearms or explosive 
     materials; and
       ``(bb) in the case of an appeal of the decision of the 
     district court of the United States, a decision by the 
     reviewing court not later than 90 days after the date on 
     which the district court of the United States issues the 
     decision; and
       ``(III) the district court of the United States in which 
     the petition described in subclause (I) was filed--
       ``(aa) shall allow the Attorney General, for information 
     the United States has determined would likely compromise 
     national security, to submit summaries and redacted versions 
     of documents
       ``(bb) shall review any summaries and redacted versions of 
     documents to ensure that the person to whom the prohibition 
     or revocation applies is receiving fair and accurate 
     representations of the underlying information and documents;
       ``(cc) shall ensure that any summaries and redacted 
     versions of documents accepted into evidence are fair and 
     accurate representations of the underlying information and 
     documents;
       ``(dd) shall provide copies of any summaries and redacted 
     versions of documents to the person to whom the prohibition 
     or revocation applies; and
       ``(ee) shall not consider the full, undisclosed information 
     or documents in deciding whether to sustain the Attorney 
     General's prohibition or revocation; and
       ``(ff) shall issue an order rejecting the Attorney 
     General's petition unless the Attorney General demonstrates 
     there is probable cause to believe the person is or has been 
     engaged in conduct constituting, in preparation for, in aid 
     of, or in support of terrorism, or providing material support 
     or resources for terrorism, and there is reason to believe 
     such person may use a firearm in connection with terrorism.
       ``(ii) Effect.--The temporary, ex parte order issued under 
     paragraph (A) shall remain in effect until the proceeding 
     under this paragraph is resolved.

[[Page 9389]]

       ``(iii) Relief.--If a person who was prohibited from 
     participating in the transfer of a firearm or had a license 
     or permit for firearms or explosive materials revoked 
     prevails in a proceeding under clause (i), including on 
     appeal, the person shall be entitled to all costs, including 
     reasonable attorney's fees, and the Attorney General shall 
     immediately remove the individual from the Terrorism Firearm 
     Screening List.
       ``(iv) Addition to terrorism firearm screening list.--If 
     the Attorney General prevails in a proceeding under clause 
     (i), including on appeal, the Attorney General may add the 
     person to the Terrorism Firearm Screening List.''.
       (c) Transparency.--Not later than 60 days after the date of 
     the enactment of this Act, and quarterly thereafter, 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 the following information:
       (1) The number of persons added to the Terrorism Firearm 
     Screening List established under section 922A of title 18, 
     United States Code, as added by this Act, during the 
     reporting period.
       (2) The number of persons whose names the Attorney General 
     submitted to the Foreign Intelligence Surveillance Court 
     pursuant to section 922A(b)(2) of title 18, United States 
     Code, as added by this Act, during the reporting period.
       (3) The number of persons described in paragraph (2) whom 
     the Foreign Intelligence Surveillance Court determined, 
     pursuant to section 922A(b)(2) of title 18, United States 
     Code, as added by this Act, that there was not--
       (A) probable cause to believe the person is or has been 
     engaged in conduct constituting, in preparation for, in aid 
     of, or in support of terrorism, or providing material support 
     or resources for terrorism; or
       (B) reason to believe the person may use a firearm in 
     connection with terrorism.
       (d) Technical and Conforming Amendments.--
       (1) Table of sections.--The table of sections for chapter 
     44 of title 18, United States Code, is amended by inserting 
     after the item relating to section 922 the following:

``922A. Attorney general's discretion to prohibit transfer of a firearm 
              and deny or revoke a license or permit.''.

       (2) Technical amendments.--Section 922(t) of title 18, 
     United States Code, is amended--
       (A) in paragraph (1)(B), by striking clause (ii) and 
     inserting the following:
       ``(ii) 3 business days (meaning a day on which State 
     offices are open) have elapsed since the licensee contacted 
     the system; and
       ``(iii) the system has not notified the licensee that--
       ``(I) the receipt of a firearm by such other person would 
     violate subsection (g) or (n) of this section or State law; 
     or
       ``(II) that the transfer has been prohibited pursuant to 
     section 922A of this title;'';
       (B) in paragraph (2), in the matter preceding subparagraph 
     (A), by inserting ``, and the transfer has not been 
     prohibited pursuant to section 922A of this title'' after 
     ``or State law'';
       (C) in paragraph (3)--
       (i) in subparagraph (A)(i)--
       (I) in subclause (I), by striking ``and'' at the end; and
       (II) by adding at the end the following:
       ``(III) was issued after a check of the system established 
     pursuant to paragraph (1);''; and
       (ii) in subparagraph (C)--
       (I) in clause (ii), by striking ``and'' at the end;
       (II) in clause (iii), by striking the period and inserting 
     ``; and''; and
       (III) by adding at the end the following:
       ``(iv) the State issuing the permit agrees to deny the 
     permit application if the applicant is included on the 
     Terrorism Firearm Screening List established by section 922A 
     of this title or to revoke the permit if a court order is 
     entered pursuant to section 922A(e) of this title.'';
       (D) in paragraph (4), by inserting ``, or that the person 
     is prohibited from participating in a firearm transfer 
     pursuant to section 922A of this title'' after ``or State 
     law''; and
       (E) in paragraph (5), by inserting ``, or that the person 
     is prohibited from participating in a firearm transfer 
     pursuant to section 922A of this title'' after ``or State 
     law''.
       (3) Unlawful sale or disposition of firearm based upon 
     attorney general discretionary denial.--Section 922(d) of 
     title 18, United States Code, is amended--
       (A) in paragraph (8), by striking ``or'' at the end;
       (B) in paragraph (9), by striking the period at the end and 
     inserting ``; or''; and
       (C) by adding at the end the following:
       ``(10) is prohibited from participating in a firearm 
     transfer pursuant to section 922A of this title.''.
       (4) Attorney general discretionary denial as prohibitor.--
     Section 922(g) of title 18, United States Code, is amended--
       (A) in paragraph (8), by striking ``or'' at the end;
       (B) in paragraph (9), by striking the comma at the end and 
     inserting ``; or''; and
       (C) by inserting after paragraph (9) the following:
       ``(10) who has received actual notice of an order entered 
     by a court pursuant to section 922A(e) of this title,''.
       (5) Attorney general discretionary denial of federal 
     firearms licenses.--Section 923(d) of title 18, United States 
     Code, is amended in paragraph (1)--
       (A) in subparagraph (F), by striking ``and'' at the end of 
     clause (iii);
       (B) in subparagraph (G), by striking ``device).'' and 
     inserting ``device); and''; and
       (C) by adding at the end the following:
       ``(H) the applicant is not on the Terrorism Firearm 
     Screening List established by section 922A of this title or 
     subject to an order entered by a court pursuant to section 
     922A(e) of this title.''.
       (6) Discretionary revocation of federal firearms 
     licenses.--Section 923(e) of title 18, United States Code, is 
     amended--
       (A) by inserting ``(1)'' after ``(e)'';
       (B) by striking ``revoke any license'' and inserting: 
     ``revoke--
       ``(A) any license;'';
       (C) by striking ``. The Attorney General may, after notice 
     and opportunity for hearing, revoke the license'' and 
     inserting the following:
       ``(B) the license; and'';
       (D) by striking ``. The Secretary's action'' and inserting: 
     ``; or
       ``(C) any license issued under this section if the Attorney 
     General determines that the holder of such license (including 
     any responsible person) is on the Terrorism Firearm Screening 
     List established by section 922A of this title.
       ``(2) The Attorney General's action''.
       (7) Provision of grounds underlying ineligibility 
     determination by the national instant criminal background 
     check system.--Section 103 of the Brady Handgun Violence 
     Prevention Act (18 U.S.C. 922 note) is amended--
       (A) in subsection (f), by striking ``date of the request'' 
     and inserting ``date of the request, provided that if the 
     individual is ineligible by virtue of being included on the 
     Terrorism Firearm Screening List established under section 
     922A of title 18, United States Code or being subject to a 
     court order under section 922A(e) of title 18, United States 
     Code, the system shall state only that the individual is 
     barred by section 922A of title 18, United States Code.''; 
     and
       (B) in subsection (g), in the first sentence, by inserting 
     ``or that the individual is prohibited from engaging in a 
     firearm transfer pursuant to section 922A of title 18, United 
     States Code,'' after ``or State law,''.
       (8) Unlawful distribution of explosives based upon attorney 
     general discretionary denial.--Section 842(d) of title 18, 
     United States Code, is amended--
       (A) in paragraph (9), by striking the period and inserting 
     ``; or''; and
       (B) by adding at the end the following:
       ``(10) who has received actual notice of an order entered 
     by a court pursuant to section 922A(e) of this title.''.
       (9) Attorney general discretionary denial as prohibitor.--
     Section 842(i) of title 18, United States Code, is amended--
       (A) in paragraph (7), by inserting ``; or'' at the end; and
       (B) by inserting after paragraph (7) the following:
       ``(8) who has received actual notice of an order entered by 
     a court pursuant to section 922A(e) of this title,''.
       (10) Attorney general discretionary denial of federal 
     explosives licenses and permits.--Section 843(b) of title 18, 
     United States Code, is amended--
       (A) in paragraph (6) by striking ``and'';
       (B) in paragraph (7) by striking ``valid.'' And inserting 
     ``valid; and''
       (C) by adding at the end the following:
       ``(8) the applicant is not disqualified pursuant to section 
     922A of this title.''.
       (11) Attorney general discretionary revocation of federal 
     explosives licenses and permits.--Section 843(d) of title 18, 
     United States Code, is amended by inserting after ``is 
     included on the Terrorism Firearm Screening List established 
     by section 922A of this title or subject to an order entered 
     by a district court of the United States pursuant to section 
     922A(e) of this title,'' after ``this chapter,''.
       (12) Attorney general's ability to withhold information in 
     explosives license and permit denial and revocation suits.--
     Section 843(e) of title 18, United States Code, is amended in 
     paragraph (1), by inserting after the first sentence the 
     following: ``However, if the denial or revocation is based 
     upon the person being disqualified pursuant to section 922A 
     of this title any information which the Attorney General 
     relied on for adding the person to the Terrorism Firearm 
     Screening List established by section 922A of this title or 
     obtaining a court order under section 922A(e) of this title, 
     this determination may be withheld from the petitioner if the 
     Attorney General determines that disclosure of the 
     information would likely compromise national security.''.
       (13) Ability to withhold information in communications to 
     employers.--Section 843(h)(2) of title 18, United States 
     Code, is amended--
       (A) in subparagraph (A), by inserting ``or in subsection 
     (j) of this section (on grounds of terrorism)'' after 
     ``section 842(i)''; and

[[Page 9390]]

       (B) in subparagraph (B)--
       (i) in the matter preceding clause (i), by inserting ``or 
     in subsection (j) of this section,'' after ``section 
     842(i),''; and
       (ii) in clause (ii), by inserting ``, except that any 
     information that the Attorney General relied on for adding 
     the person to the Terrorism Firearm Screening List 
     established by section 922A of this title or obtaining a 
     court order under section 922A(e) of this title may be 
     withheld if the Attorney General concludes that disclosure of 
     the information would likely compromise national security'' 
     after ``determination''.
                                 ______
                                 
  SA 4741. Mr. HELLER 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 in this Act may 
     be used by an agency of the Government of the United States 
     to establish or implement a policy that discourages or 
     prohibits the selection of a location for travel, an event, a 
     meeting, or a conference because the location is perceived to 
     be a resort or vacation destination.
                                 ______
                                 
  SA 4742. Mr. CORNYN 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__.  Hereafter, the Attorney General shall establish 
     a process by which--
       (1) the Attorney General and Federal, State, and local law 
     enforcement are immediately notified, as appropriate, of any 
     request to transfer a firearm or explosive to a person who 
     is, or within the previous 5 years was, investigated as a 
     known or suspected terrorist;
       (2) the Attorney General may delay the transfer of the 
     firearm or explosive for a period not to exceed 3 business 
     days and file an emergency petition in a court of competent 
     jurisdiction to prevent the transfer of the firearm or 
     explosive, and such emergency petition and subsequent hearing 
     shall receive the highest possible priority on the docket of 
     the court of competent jurisdiction and be subject to the 
     Classified Information Procedures Act (18 U.S.C. App.);
       (3) the transferee receives actual notice of the hearing 
     and is provided with an opportunity to participate with 
     counsel and the emergency petition shall be granted if the 
     court finds that there is probable cause to believe that the 
     transferee has committed, conspired to commit, attempted to 
     commit, or will commit an act of terrorism, and if the 
     petition is denied, the Government shall be responsible for 
     all reasonable costs and attorneys' fees;
       (4) the Attorney General may arrest and detain the 
     transferee for whom an emergency petition has been filed 
     where probable cause exists to believe that the individual 
     has committed, conspired to commit, or attempted to commit an 
     act of terrorism; and
       (5) the Director of the Federal Bureau of Investigation 
     annually reviews and certifies the identities of known or 
     suspected terrorists under this section and the 
     appropriateness of such designation.
                                 ______
                                 
  SA 4743. 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 appropriate place, insert the following:
       Sec. ___.  Pretrial services programs receiving funds 
     through the Edward Byrne Memorial Justice Assistance Grant 
     program under subpart 1 of part E of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et 
     seq.) or any other Department of Justice grant program shall 
     report annually--
       (1) the names of all persons participating in pretrial 
     release programs administered by the pretrial services 
     program;
       (2) whether those persons appeared for trial and other 
     post-release court dates;
       (3) any previous arrests of program participants; and
       (4) any previous failures by program participants to appear 
     for trial or other post-release court dates.
                                 ______
                                 
  SA 4744. 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 appropriate place in title V, insert the following:
       Sec. 5__. (a) None of the funds appropriated or otherwise 
     made available under this Act may be used by the Commissioner 
     of the Social Security Administration to make, or to report 
     to the National Instant Criminal Background Check System, a 
     determination that an individual has been adjudicated as a 
     mental defective for purposes of subsections (d)(4) and 
     (g)(4) of section 922 of title 18, United States Code.
       (b) None of the funds appropriated or otherwise made 
     available under this Act may be used by the National Instant 
     Criminal Background Check System to receive information from 
     the Commissioner of the Social Security Administration 
     regarding a determination described in subsection (a).
                                 ______
                                 
  SA 4745. Mr. HATCH 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. ___.  No funds made available by this Act may be used 
     to prosecute crimes that do not require any proof of criminal 
     intent unless it is clear from the text of the statute or 
     regulation defining the crime that proof of criminal intent 
     is not required.
                                 ______
                                 
  SA 4746. 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 appropriate place, insert the following:
       Sec. ___. (a) It is the sense of Congress that when a 
     statute or regulation defining a criminal offense fails to 
     specify the state of mind required for conviction, a court 
     should read a default standard of willfulness into the 
     statute or regulation unless it is clear from the text of the 
     statute or regulation that Congress or the agency 
     affirmatively intended not to require the Government to prove 
     any state of mind.
       (b) In this section, the term ``willfulness'' means acting 
     with knowledge that one's conduct is unlawful.
                                 ______
                                 
  SA 4747. 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 appropriate place, insert the following:

     SEC. __. SENSE OF CONGRESS WITH RESPECT TO INTERNATIONAL DATA 
                   PRIVACY.

       (a) Findings.--Congress finds the following:
       (1) When the Electronic Communications Privacy Act (Public 
     Law 99-508; 100 Stat. 1848) (in this section referred to as 
     ``ECPA'') was enacted in 1986, no one could have envisioned 
     the globalization of the Internet and electronic 
     communications.
       (2) Today, multinational companies serve their customers 
     around the world by storing and transferring data through a 
     complex network of global data centers.
       (3) Because ECPA never contemplated the global networks 
     that technology companies operate today, ECPA presents unique 
     challenges for a number of industries that increasingly face 
     a conflict between Federal law in the United States and the 
     laws of other countries. For example, when a technology 
     company receives a demand from a Federal law enforcement 
     agency to turn over data on behalf of foreign customers, that 
     company is forced to make a difficult decision: either comply 
     with the demand and satisfy Federal law or risk violating the 
     privacy laws of the host country. The same is true in reverse 
     because when foreign governments

[[Page 9391]]

     compel global providers to disclose information, even 
     information about the citizens of those governments, Federal 
     law in the United States sometimes prohibits the providers 
     from complying.
       (4) Modernizing ECPA to better reflect the truly global 
     nature of global technology will--
       (A) better serve the interests of law enforcement, both in 
     the United States and abroad;
       (B) protect individual privacy; and
       (C) promote innovation and the free flow of information.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Federal Government--
       (1) must safeguard data throughout the world from 
     unauthorized access by law enforcement agencies; and
       (2) should--
       (A) require law enforcement agencies in the United States 
     to obtain a warrant for all electronic content;
       (B) create a clear international legal framework that 
     provides law enforcement agencies with an efficient process 
     to obtain information while--
       (i) protecting the privacy of all individuals; and
       (ii) respecting the laws of other countries; and
       (C) strengthen the Mutual Legal Assistance Treaty process 
     by providing greater efficiency, accessibility, transparency, 
     and accountability.
                                 ______
                                 
  SA 4748. 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 appropriate place, insert the following:

     SEC. __. SENSE OF CONGRESS WITH RESPECT TO WILLFUL 
                   INFRINGEMENT IN PATENT CASES.

       (a) Findings.--Congress finds the following:
       (1) On June 13, 2016, the Supreme Court of the United 
     States held in Halo Electronics, Inc. v. Pulse Electronics, 
     Inc. (in this section referred to as ``Halo''), that the 2-
     part test for awarding enhanced damages under section 284 of 
     title 35, United States Code, as articulated in In re Seagate 
     Technology, LLC, 497 F.3d 1360 (Fed. Cir. 2007) (en banc) (in 
     this section referred to as ``Seagate''), was inconsistent 
     with the intent of that section.
       (2) In 2011, when Congress enacted Public Law 112-29, the 
     standard articulated by the Federal Circuit for willful 
     infringement under Seagate was the established judicial 
     interpretation of section 284 of title 35, United States 
     Code, with respect to awarding enhanced damages in a patent 
     case. The legislative history of section 284 after Seagate 
     was decided shows that Congress was well aware of the Seagate 
     standard and explored the impact of Seagate on the issue of 
     enhanced damages.
       (3) Ultimately, Congress did not substantively amend 
     section 284 of title 35, United States Code, knowing that no 
     action from Congress would be required to ensure that the 
     standard established in Seagate would remain in place and 
     continue to govern the enhancement analysis under that 
     section.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Seagate standard has governed and continues to 
     govern the enhanced damages analysis under section 284 of 
     title 35, United States Code; and
       (2) this intent of Congress should be considered in any 
     decisions interpreting that section.
                                 ______
                                 
  SA 4749. Mr. McCONNELL (for Mr. Cornyn) proposed an amendment to 
amendment SA 4720 proposed by Mrs. Feinstein (for herself, Mr. Leahy, 
Mr. Nelson, Mr. Reid, Mr. Durbin, Mr. Schumer, Ms. Mikulski, Mrs. 
Boxer, Mr. Udall, Mr. Carper, Mr. Markey, Mr. Menendez, Mr. Coons, Mr. 
Blumenthal, Mrs. Murray, Mr. Brown, Mr. Schatz, Ms. Klobuchar, Mr. 
Murphy, Mrs. McCaskill, Mr. Heinrich, Mr. Franken, Mr. Booker, and Mr. 
Kaine) 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; as 
follows:

       At the end add the following:
       Sec. 5__.  Hereafter, the Attorney General shall establish 
     a process by which--
       (1) the Attorney General and Federal, State, and local law 
     enforcement are immediately notified, as appropriate, of any 
     request to transfer a firearm or explosive to a person who 
     is, or within the previous 5 years was, investigated as a 
     known or suspected terrorist;
       (2) the Attorney General may delay the transfer of the 
     firearm or explosive for a period not to exceed 3 business 
     days and file an emergency petition in a court of competent 
     jurisdiction to prevent the transfer of the firearm or 
     explosive, and such emergency petition and subsequent hearing 
     shall receive the highest possible priority on the docket of 
     the court of competent jurisdiction and be subject to the 
     Classified Information Procedures Act (18 U.S.C. App.);
       (3) the transferee receives actual notice of the hearing 
     and is provided with an opportunity to participate with 
     counsel and the emergency petition shall be granted if the 
     court finds that there is probable cause to believe that the 
     transferee has committed, conspired to commit, attempted to 
     commit, or will commit an act of terrorism, and if the 
     petition is denied, the Government shall be responsible for 
     all reasonable costs and attorneys' fees;
       (4) the Attorney General may arrest and detain the 
     transferee for whom an emergency petition has been filed 
     where probable cause exists to believe that the individual 
     has committed, conspired to commit, or attempted to commit an 
     act of terrorism; and
       (5) the Director of the Federal Bureau of Investigation 
     annually reviews and certifies the identities of known or 
     suspected terrorists under this section and the 
     appropriateness of such designation.
                                 ______
                                 
  SA 4750. Mr. McCONNELL (for Mr. Murphy (for himself, Mr. Booker, Mr. 
Blumenthal, Mr. Schumer, and Mr. Cardin)) proposed an amendment to the 
bill H.R. 2578, making appropriations for the Departments of Commerce 
and Justice, Science, and Related Agencies for the fiscal year ending 
September 30, 2016, and for other purposes; as follows:

       At the appropriate place, insert the following:

                      TITLE VI--FIXING GUN CHECKS

     SEC. 601. SHORT TITLE.

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

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

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

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

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

       Section 103(e)(1) of the Brady Handgun Violence Prevention 
     Act (18 U.S.C. 922 note) is amended by adding at the end the 
     following:
       ``(F) Semiannual certification and reporting.--
       ``(i) In general.--The head of each Federal department or 
     agency shall submit to the Attorney General a written 
     certification indicating whether the department or agency has 
     provided to the Attorney General the pertinent information 
     contained in any record of any person that the department or 
     agency was in possession of during the time

[[Page 9392]]

     period addressed by the certification demonstrating that the 
     person falls within a category described in subsection (g) or 
     (n) of section 922 of title 18, United States Code.
       ``(ii) Submission dates.--The head of a Federal department 
     or agency shall submit a certification under clause (i)--

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

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

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

     SEC. 613. ADJUDICATED AS A MENTAL DEFECTIVE.

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

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

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

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

     SEC. 621. PURPOSE.

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

     SEC. 622. FIREARMS TRANSFERS.

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

     SEC. 623. LOST AND STOLEN REPORTING.

       (a) In General.--Section 922 of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(aa) It shall be unlawful for any person who lawfully 
     possesses or owns a firearm that has been shipped or 
     transported in, or has been possessed in or affecting, 
     interstate or foreign commerce, to fail to report the theft 
     or loss of the firearm, within 48 hours after the person 
     discovers the theft or loss, to the Attorney General and to 
     the appropriate local authorities.''.
       (b) Penalty.--Section 924(a)(1)(B) of such title is amended 
     to read as follows:
       ``(B) knowingly violates subsection (a)(4), (f), (k), (q), 
     or (aa) of section 922;''.
                                 ______
                                 
  SA 4751. Mr. McCONNELL (for Mr. Grassley) proposed an amendment to 
amendment SA 4750 proposed by Mr. McConnell (for Mr. Murphy (for 
himself, Mr. Booker, Mr. Blumenthal, Mr. Schumer, and Mr. Cardin)) to 
the bill H.R. 2578, making appropriations for the Departments of 
Commerce and Justice, Science, and Related Agencies for the fiscal year 
ending September 30, 2016, and for other purposes; as follows:

       At the appropriate place, insert the following:

  TITLE __--PROTECTING COMMUNITIES AND PRESERVING THE SECOND AMENDMENT

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Protecting Communities and 
     Preserving the Second Amendment Act of 2016''.

     SEC. _02. DEFINITIONS.

       In this title--
       (1) the term ``agency'' has the meaning given the term in 
     section 551 of title 5, United States Code;
       (2) the term ``NICS'' means the National Instant Criminal 
     Background Check System; and

[[Page 9393]]

       (3) the term ``relevant Federal records'' means any record 
     demonstrating that a person is prohibited from possessing or 
     receiving a firearm under subsection (g) or (n) of section 
     922 of title 18, United States Code.

     SEC. _03. REAUTHORIZATION AND IMPROVEMENTS TO NICS.

       (a) In General.--Section 103 of the NICS Improvement 
     Amendments Act of 2007 (18 U.S.C. 922 note) is amended--
       (1) by redesignating subsection (e) as subsection (f) and 
     amending such subsection to read as follows:
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $125,000,000 for each of fiscal years 2016 through 2020.''; 
     and
       (2) by inserting after subsection (d) the following:
       ``(e) Accountability.--All grants awarded by the Attorney 
     General under this section shall be subject to the following 
     accountability provisions:
       ``(1) Definition.--In this subsection, the term `unresolved 
     audit finding' means a finding in the final audit report of 
     the Inspector General of the Department of Justice that the 
     audited grantee has utilized grant funds for an unauthorized 
     expenditure or otherwise unallowable cost that is not closed 
     or resolved within 12 months from the date when the final 
     audit report is issued.
       ``(2) Audits.--Beginning in the first fiscal year beginning 
     after the date of enactment of this subsection, and in each 
     fiscal year thereafter, the Inspector General of the 
     Department of Justice shall conduct audits of recipients of 
     grants under this section to prevent waste, fraud, and abuse 
     of funds by grantees. The Inspector General shall determine 
     the appropriate number of grantees to be audited each year.
       ``(3) Priority.--In awarding grants under this section, the 
     Attorney General shall give priority to eligible applicants 
     that did not have an unresolved audit finding during the 3 
     fiscal years before submitting an application for a grant 
     under this section.''.
       (b) Modification of Eligibility Requirements.--The NICS 
     Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is 
     amended--
       (1) in section 102(b)(1)--
       (A) in subparagraph (A), by striking ``subparagraph (C)'' 
     and inserting ``subparagraph (B)'';
       (B) by striking subparagraph (B); and
       (C) by redesignating subparagraph (C) as subparagraph (B);
       (2) in section 103(a)(1), by striking ``and subject to 
     section 102(b)(1)(B)''; and
       (3) in section 104(d), by striking ``section 102(b)(1)(C)'' 
     and inserting ``section 102(b)(1)(B)''.

     SEC. _04. AVAILABILITY OF RECORDS TO NICS.

       (a) Guidance.--Not later than 45 days after the date of 
     enactment of this Act, the Attorney General shall issue 
     guidance regarding--
       (1) the identification and sharing of relevant Federal 
     records; and
       (2) submission of the relevant Federal records to NICS.
       (b) Prioritization of Records.--Each agency that possesses 
     relevant Federal records shall prioritize providing the 
     relevant information contained in the relevant Federal 
     records to NICS on a regular and ongoing basis in accordance 
     with the guidance issued by the Attorney General under 
     subsection (a).
       (c) Reports.--Not later than 60 days after the Attorney 
     General issues guidance under subsection (a), the head of 
     each agency shall submit a report to the Attorney General 
     that--
       (1) advises whether the agency possesses relevant Federal 
     records; and
       (2) describes the implementation plan of the agency for 
     making the relevant information contained in relevant Federal 
     records available to NICS in a manner consistent with 
     applicable law.
       (d) Determination of Relevance.--The Attorney General shall 
     resolve any dispute regarding whether--
       (1) agency records are relevant Federal records; and
       (2) the relevant Federal records of an agency should be 
     made available to NICS.

     SEC. _05. DEFINITIONS RELATING TO MENTAL HEALTH.

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

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

       ``(bb) the person knowingly and intelligently waived the 
     opportunity for a hearing--

       ``(AA) of which the person received actual notice; and
       ``(BB) at which the person would have had an opportunity to 
     participate with counsel; and

       ``(II) that found that the person, as a result of marked 
     subnormal intelligence, mental impairment, mental illness, 
     incompetency, condition, or disease--
       ``(aa) was a danger to himself or herself or to others;
       ``(bb) was guilty but mentally ill in a criminal case, in a 
     jurisdiction that provides for such a verdict;
       ``(cc) was not guilty in a criminal case by reason of 
     insanity or mental disease or defect;
       ``(dd) was incompetent to stand trial in a criminal case;
       ``(ee) was not guilty by reason of lack of mental 
     responsibility under section 850a of title 10 (article 50a of 
     the Uniform Code of Military Justice);
       ``(ff) required involuntary inpatient treatment by a 
     psychiatric hospital for any reason, including substance 
     abuse; or
       ``(gg) required involuntary outpatient treatment by a 
     psychiatric hospital based on a finding that the person is a 
     danger to himself or herself or to others; and
       ``(ii) does not include--
       ``(I) an admission to a psychiatric hospital for 
     observation; or
       ``(II) a voluntary admission to a psychiatric hospital.
       ``(B) In this paragraph, the term `order or finding' does 
     not include--
       ``(i) an order or finding that has expired, has been set 
     aside, has been expunged, or is otherwise no longer 
     applicable because a judicial officer, court, board, 
     commission, adjudicative body, or appropriate official has 
     found that the person who is the subject of the order or 
     finding--
       ``(I) does not present a danger to himself or herself or to 
     others;
       ``(II) has been restored to sanity or cured of mental 
     disease or defect;
       ``(III) has been restored to competency; or
       ``(IV) no longer requires involuntary inpatient or 
     outpatient treatment by a psychiatric hospital, and the 
     person is not a danger to himself, herself, or others; or
       ``(ii) an order or finding with respect to which the person 
     who is subject to the order or finding has been granted 
     relief from disabilities under section 925(c), under a 
     program described in section 101(c)(2)(A) or 105 of the NICS 
     Improvement Amendments Act of 2007 (18 U.S.C. 922 note), or 
     under any other State-authorized relief from disabilities 
     program of the State in which the original commitment or 
     adjudication occurred.
       ``(37) The term `psychiatric hospital' includes a mental 
     health facility, a mental hospital, a sanitarium, a 
     psychiatric facility, and any other facility that provides 
     diagnoses or treatment by licensed professionals of mental 
     retardation or mental illness, including a psychiatric ward 
     in a general hospital.''; and
       (2) in section 922--
       (A) in subsection (d)(4)--
       (i) by striking ``as a mental defective'' and inserting 
     ``mentally incompetent''; and
       (ii) by striking ``any mental institution'' and inserting 
     ``a psychiatric hospital''; and
       (B) in subsection (g)(4)--
       (i) by striking ``as a mental defective or who has'' and 
     inserting ``mentally incompetent or has''; and
       (ii) by striking ``mental institution'' and inserting 
     ``psychiatric hospital''.
       (b) Technical and Conforming Amendments.--The NICS 
     Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is 
     amended--
       (1) by striking ``as a mental defective'' each place that 
     term appears and inserting ``mentally incompetent'';
       (2) by striking ``mental institution'' each place that term 
     appears and inserting ``psychiatric hospital'';
       (3) in section 101(c)--
       (A) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``to the mental health of a person'' and 
     inserting ``to whether a person is mentally incompetent''; 
     and
       (B) in paragraph (2)--
       (i) in subparagraph (A)(i), by striking ``to the mental 
     health of a person'' and inserting ``to whether a person is 
     mentally incompetent''; and
       (ii) in subparagraph (B), by striking ``to the mental 
     health of a person'' and inserting ``to whether a person is 
     mentally incompetent''; and
       (4) in section 102(c)(3)--
       (A) in the paragraph heading, by striking ``as a mental 
     defective or committed to a mental institution'' and 
     inserting ``mentally incompetent or committed to a 
     psychiatric hospital''; and
       (B) by striking ``mental institutions'' and inserting 
     ``psychiatric hospitals''.

     SEC. _06. CLARIFICATION THAT FEDERAL COURT INFORMATION IS TO 
                   BE MADE AVAILABLE TO THE NATIONAL INSTANT 
                   CRIMINAL BACKGROUND CHECK SYSTEM.

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

[[Page 9394]]

     Courts shall perform the functions of the head of the 
     department or agency.''.

     SEC. _07. REPORTS AND CERTIFICATIONS TO CONGRESS.

       (a) NICS Reports.--Not later than October 1, 2016, and 
     every year thereafter, the head of each agency that possesses 
     relevant Federal records shall submit a report to Congress 
     that includes--
       (1) a description of the relevant Federal records possessed 
     by the agency that can be shared with NICS in a manner 
     consistent with applicable law;
       (2) the number of relevant Federal records the agency 
     submitted to NICS during the reporting period;
       (3) efforts made to increase the percentage of relevant 
     Federal records possessed by the agency that are submitted to 
     NICS;
       (4) any obstacles to increasing the percentage of relevant 
     Federal records possessed by the agency that are submitted to 
     NICS;
       (5) measures put in place to provide notice and programs 
     for relief from disabilities as required under the NICS 
     Improvement Amendments Act of 2007 (18 U.S.C. 922 note) if 
     the agency makes qualifying adjudications relating to the 
     mental health of an individual;
       (6) measures put in place to correct, modify, or remove 
     records available to NICS when the basis on which the records 
     were made available no longer applies; and
       (7) additional steps that will be taken during the 1-year 
     period after the submission of the report to improve the 
     processes by which relevant Federal records are--
       (A) identified;
       (B) made available to NICS; and
       (C) corrected, modified, or removed from NICS.
       (b) Certifications.--
       (1) In general.--The annual report requirement in 
     subsection (a) shall not apply to an agency that, as part of 
     a report required to be submitted under subsection (a), 
     provides certification that the agency has--
       (A) made available to NICS relevant Federal records that 
     can be shared in a manner consistent with applicable law;
       (B) a plan to make any relevant Federal records available 
     to NICS and a description of that plan; and
       (C) a plan to update, modify, or remove records 
     electronically from NICS not less than quarterly as required 
     by the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 
     note) and a description of that plan.
       (2) Frequency.--Each agency that is not required to submit 
     annual reports under paragraph (1) shall submit an annual 
     certification to Congress attesting that the agency continues 
     to submit relevant Federal records to NICS and has corrected, 
     modified, or removed records available to NICS when the basis 
     on which the records were made available no longer applies.
       (c) Reports to Congress on Firearms Prosecutions.--
       (1) Report to congress.--Beginning on February 1, 2017, and 
     on February 1 of each year thereafter through 2026, the 
     Attorney General shall submit to the Committees on the 
     Judiciary and Committees on Appropriations of the Senate and 
     the House of Representatives a report of information gathered 
     under this subsection during the fiscal year that ended on 
     September 30 of the preceding year.
       (2) Subject of annual report.--Not later than 90 days after 
     the date of enactment of this Act, the Attorney General shall 
     require each component of the Department of Justice, 
     including each United States Attorney's Office, to furnish 
     for the purposes of the report described in paragraph (1), 
     information relating to any case presented to the Department 
     of Justice for review or prosecution, in which the objective 
     facts of the case provide probable cause to believe that 
     there has been a violation of section 922 or 924 of title 18, 
     United States Code, or section 5861 of the Internal Revenue 
     Code of 1986.
       (3) Elements of annual report.--With respect to each case 
     described in paragraph (2), the report submitted under 
     paragraph (1) shall include information indicating--
       (A) whether in any such case, a decision has been made not 
     to charge an individual with a violation of section 922 or 
     924 of title 18, United States Code, or section 5861 of the 
     Internal Revenue Code of 1986, or any other violation of 
     Federal criminal law;
       (B) in any case described in subparagraph (A), a 
     description of why no charge was filed under section 922 or 
     924 of title 18, United States Code, or section 5861 of the 
     Internal Revenue Code of 1986;
       (C) whether in any case described in paragraph (2), an 
     indictment, information, or other charge has been brought 
     against any person, or the matter is pending;
       (D) whether, in the case of an indictment, information, or 
     other charge described in subparagraph (C), the charging 
     document contains a count or counts alleging a violation of 
     section 922 or 924 of title 18, United States Code, or 
     section 5861 of the Internal Revenue Code of 1986;
       (E) in any case described in subparagraph (D) in which the 
     charging document contains a count or counts alleging a 
     violation of section 922 or 924 of title 18, United States 
     Code, or section 5861 of the Internal Revenue Code of 1986, 
     whether a plea agreement of any kind has been entered into 
     with such charged individual;
       (F) whether any plea agreement described in subparagraph 
     (E) required that the individual plead guilty, to enter a 
     plea of nolo contendere, or otherwise caused a court to enter 
     a conviction against that individual for a violation of 
     section 922 or 924 of title 18, United States Code, or 
     section 5861 of the Internal Revenue Code of 1986;
       (G) in any case described in subparagraph (F) in which the 
     plea agreement did not require that the individual plead 
     guilty, enter a plea of nolo contendere, or otherwise cause a 
     court to enter a conviction against that individual for a 
     violation of section 922 or 924 of title 18, United States 
     Code, or section 5861 of the Internal Revenue Code of 1986, 
     identification of the charges to which that individual did 
     plead guilty;
       (H) in the case of an indictment, information, or other 
     charge described in subparagraph (C), in which the charging 
     document contains a count or counts alleging a violation of 
     section 922 or 924 of title 18, United States Code, or 
     section 5861 of the Internal Revenue Code of 1986, the result 
     of any trial of such charges (guilty, not guilty, mistrial);
       (I) in the case of an indictment, information, or other 
     charge described in subparagraph (C), in which the charging 
     document did not contain a count or counts alleging a 
     violation of section 922 or 924 of title 18, United States 
     Code, or section 5861 of the Internal Revenue Code of 1986, 
     the nature of the other charges brought and the result of any 
     trial of such other charges as have been brought (guilty, not 
     guilty, mistrial);
       (J) the number of persons who attempted to purchase a 
     firearm but were denied because of a background check 
     conducted in accordance with section 922(t) of title 18, 
     United States Code; and
       (K) the number of prosecutions conducted in relation to 
     persons described in subparagraph (J).

     SEC. _08. LIMITATION ON OPERATIONS BY THE DEPARTMENT OF 
                   JUSTICE.

       The Department of Justice, and any of its law enforcement 
     coordinate agencies, shall not conduct any operation where a 
     Federal firearms licensee is directed, instructed, enticed, 
     or otherwise encouraged by the Department of Justice to sell 
     a firearm to an individual if the Department of Justice, or a 
     coordinate agency, knows or has reasonable cause to believe 
     that such an individual is purchasing on behalf of another 
     for an illegal purpose unless the Attorney General, the 
     Deputy Attorney General, or the Assistant Attorney General 
     for the Criminal Division personally reviews and approves the 
     operation, in writing, and determines that the agency has 
     prepared an operational plan that includes sufficient 
     safeguards to prevent firearms from being transferred to 
     third parties without law enforcement taking reasonable steps 
     to lawfully interdict those firearms.

     SEC. _09. STUDY BY THE NATIONAL INSTITUTES OF JUSTICE AND 
                   NATIONAL ACADEMY OF SCIENCES ON THE CAUSES OF 
                   MASS SHOOTINGS.

       (a) In General.--
       (1) Study.--Not later than 90 days after the date of 
     enactment of this Act, the Attorney General shall instruct 
     the Director of the National Institutes of Justice to conduct 
     a peer-reviewed study to examine various sources and causes 
     of mass shootings, including psychological factors, the 
     impact of violent video games, and other factors. The 
     Director shall enter into a contract with the National 
     Academy of Sciences to conduct this study jointly with an 
     independent panel of 5 experts appointed by the Academy.
       (2) Report.--Not later than 1 year after the date on which 
     the study required under paragraph (1) begins, the Director 
     shall submit to Congress a report detailing the findings of 
     the study.
       (b) Issues Examined.--The study conducted under subsection 
     (a)(1) shall examine--
       (1) mental illness;
       (2) the availability of mental health and other resources 
     and strategies to help families detect and counter tendencies 
     toward violence;
       (3) the availability of mental health and other resources 
     at schools to help detect and counter tendencies of students 
     towards violence;
       (4) the extent to which perpetrators of mass shootings, 
     either alleged, convicted, deceased, or otherwise, played 
     violent or adult-themed video games and whether the 
     perpetrators of mass shootings discussed, planned, or used 
     violent or adult-themed video games in preparation of or to 
     assist in carrying out their violent actions;
       (5) familial relationships, including the level of 
     involvement and awareness of parents;
       (6) exposure to bullying; and
       (7) the extent to which perpetrators of mass shootings were 
     acting in a ``copycat'' manner based upon previous violent 
     events.

     SEC. _10. REPORTS TO CONGRESS REGARDING AMMUNITION PURCHASES 
                   BY FEDERAL AGENCIES.

       Not later than 1 year after the date of enactment of this 
     Act, the Director of the Office of Management and Budget 
     shall submit to the Speaker of the House of Representatives, 
     the President Pro Tempore of the Senate, and the Chairs and 
     Ranking Members of

[[Page 9395]]

     the Committee on Appropriations of the Senate, the Committee 
     on the Judiciary of the Senate, the Committee on Homeland 
     Security and Governmental Affairs of the Senate, the 
     Committee on Appropriations of the House of Representatives, 
     the Committee on the Judiciary of the House of 
     Representatives, the Committee on Homeland Security of the 
     House of Representatives, and the Committee on Oversight and 
     Government Reform of the House of Representatives a report 
     that includes--
       (1) details of all purchases of ammunition by each Federal 
     agency;
       (2) a summary of all purchases, solicitations, and 
     expenditures on ammunition by each Federal agency;
       (3) a summary of all the rounds of ammunition expended by 
     each Federal agency and a current listing of stockpiled 
     ammunition for each Federal agency; and
       (4) an estimate of future ammunition needs and purchases 
     for each Federal agency for the next fiscal year.

     SEC. _11. INCENTIVES FOR STATE COMPLIANCE WITH NICS MENTAL 
                   HEALTH RECORD REQUIREMENTS.

       Section 104(b) of the NICS Improvement Amendments Act of 
     2007 (18 U.S.C. 922 note) is amended--
       (1) by striking paragraphs (1) and (2);
       (2) by redesignating paragraph (3) as paragraph (2);
       (3) in paragraph (2), as redesignated, by striking ``of 
     paragraph (2)'' and inserting ``of paragraph (1)''; and
       (4) by inserting before paragraph (2), as redesignated, the 
     following:
       ``(1) Incentives for providing mental health records and 
     fixing the background check system.--
       ``(A) Definition of compliant state.--In this paragraph, 
     the term `compliant State' means a State that has--
       ``(i) provided not less than 90 percent of the records 
     required to be provided under sections 102 and 103; or
       ``(ii) in effect a statute that--

       ``(I) requires the State to provide the records required to 
     be provided under sections 102 and 103; and
       ``(II) implements a relief from disabilities program in 
     accordance with section 105.

       ``(B) Incentives for compliance.--During the period 
     beginning on the date that is 18 months after the date of 
     enactment of the Protecting Communities and Preserving the 
     Second Amendment Act of 2016 and ending on the date that is 5 
     years after the date of enactment of such Act, the Attorney 
     General--
       ``(i) shall use funds appropriated to carry out section 103 
     of this Act, the excess unobligated balances of the 
     Department of Justice and funds withheld under clause (ii), 
     or any combination thereof, to increase the amounts available 
     under section 505 of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3755) for each compliant 
     State in an amount that is not less than 2 percent nor more 
     than 5 percent of the amount that was allocated to such State 
     under such section 505 in the previous fiscal year; and
       ``(ii) may withhold an amount not to exceed the amount 
     described in clause (i) that would otherwise be allocated to 
     a State under any section of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) if the 
     State--

       ``(I) is not a compliant State; and
       ``(II) does not submit an assurance to the Attorney General 
     that--

       ``(aa) an amount that is not less than the amount described 
     in clause (i) will be used solely for the purpose of enabling 
     the State to become a compliant State; or
       ``(bb) the State will hold in abeyance an amount that is 
     not less than the amount described in clause (i) until such 
     State has become a compliant State.
       ``(C) Regulations.--Not later than 180 days after the date 
     of enactment of the Protecting Communities and Preserving the 
     Second Amendment Act of 2016, the Attorney General shall 
     issue regulations implementing this paragraph.''.

     SEC. _12. NOTIFICATION OF PROSPECTIVE FIREARM TRANSFERS TO 
                   KNOWN OR SUSPECTED TERRORISTS.

       The Attorney General shall establish a process by which the 
     Attorney General and Federal, State, and local law 
     enforcement are immediately notified, as appropriate, of any 
     request to transfer a firearm or explosive to a person who 
     is, or within the previous 5 years was, investigated as a 
     known or suspected terrorist.
                                 ______
                                 
  SA 4752. Mr. McCONNELL proposed an amendment to amendment SA 4751 
proposed by Mr. McConnell (for Mr. Grassley) to the amendment SA 4750 
proposed by Mr. McConnell (for Mr. Murphy (for himself, Mr. Booker, Mr. 
Blumenthal, Mr. Schumer, and Mr. Cardin)) to the bill H.R. 2578, making 
appropriations for the Departments of Commerce and Justice, Science, 
and Related Agencies for the fiscal year ending September 30, 2016, and 
for other purposes; as follows:

       At the end add the following:
       This Act shall take effect 1 day after the date of 
     enactment.
                                 ______
                                 
  SA 4753. Mr. SHELBY (for himself, Mr. Sessions, Mr. Rubio, and Mr. 
Nelson) 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 in this Act, or 
     any contributed or non-Federal funds, may be used--
       (1) to study reallocation of water within the Alabama-
     Coosa-Tallapoosa or Apalachicola-Chattahoochee-Flint river 
     basins until the Secretary of the Army has executed a 
     Partnering Agreement--
       (A) with--
       (i) in the case of the Alabama-Coosa-Tallapoosa basin, each 
     of the States of Alabama and Georgia; and
       (ii) in the case of the Apalachicola-Chattahoochee-Flint 
     basin, each of the States of Alabama, Florida, and Georgia; 
     and
       (B) that outlines the participation of each State in 
     separate water reallocation studies for each basin; or
       (2) to reallocate water within the Alabama-Coosa-Tallapoosa 
     or Apalachicola-Chattahoochee-Flint river basins until the 
     Secretary of the Army executes a final agreement with each 
     State through which the relevant river basin flows that 
     provides the explicit consent of each relevant State to any 
     reallocation.
                                 ______
                                 
  SA 4754. Ms. CANTWELL (for herself 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 85, strike lines 8 through 11 and insert the 
     following:
     United States Code, $50,000,000, of which $1,000,000 shall 
     remain available until expended: Provided, That not to exceed 
     $124,000 shall be available for official reception and 
     representation expenses.

                      trade enforcement trust fund

                     (including transfer of funds)

       For activities of the United States Trade Representative 
     authorized by section 611 of the Trade Facilitation and Trade 
     Enforcement Act of 2015 (19 U.S.C. 4405), including 
     transfers, $15,000,000, to be derived from the Trade 
     Enforcement Trust Fund: Provided, That any transfer pursuant 
     to subsection (d)(1) of such section shall be treated as a 
     reprogramming under section 505 of this Act: Provided 
     further, That the amount appropriated in title I of this Act 
     under the heading ``renovation and modernization'' under the 
     heading ``Departmental Management'' under the heading 
     ``DEPARTMENT OF COMMERCE'' shall be reduced by $6,224,000.
                                 ______
                                 
  SA 4755. Mr. MANCHIN 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. __.  In order to carry out the purposes of the POWER 
     Program, the Economic Development Administration shall enter 
     into a memorandum of understanding with the Appalachian 
     Regional Commission that establishes a process by which an 
     applicant may receive a 100-percent federally funded grant.
                                 ______
                                 
  SA 4756. 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 appropriate place, insert the following:
       Sec. ___.  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) State and local programs that are equivalent to the 
     Fugitive Safe Surrender program of the United States Marshals 
     Service authorized under section 632 of the Adam

[[Page 9396]]

     Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 
     16989).''.
                                 ______
                                 
  SA 4757. Mr. REID (for himself, Mr. Leahy, Mrs. Murray, Mr. Menendez, 
and Mr. Durbin) 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 26, line 10, strike the period at the end and 
     insert the following: ``: Provided further, That none of the 
     funds made available under this heading may be used for any 
     hearing or review conducted by the Executive Office for 
     Immigration Review, including appellate reviews and 
     administrative hearings, for an unaccompanied alien child (as 
     defined in section 462(g) of the Homeland Security Act of 
     2002 (6 U.S.C. 279(g))) unless the child is represented by 
     legal counsel, which may be appointed by the Executive Office 
     for Immigration Review if the child is otherwise 
     unrepresented.''.
                                 ______
                                 
  SA 4758. Mr. GARDNER (for himself, Mr. Hatch, and Mr. Johnson) 
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 to take any action to prevent a State from 
     implementing any law that makes it lawful to possess, 
     distribute, or use cannabidiol or cannabidiol oil.
                                 ______
                                 
  SA 4759. Mr. BOOZMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 2578, making appropriations for the Departments 
of Commerce and Justice, Science, and Related Agencies for the fiscal 
year ending September 30, 2016, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___. (a) Congress finds that not addressing appeals of 
     determinations made by the National Instant Criminal 
     Background Check System (commonly referred to as ``NICS'') 
     deprives law-abiding citizens of their--
       (1) right to keep and bear arms under the Second Amendment 
     to the Constitution of the United States; and
       (2) due process rights under the Fifth Amendment to the 
     Constitution of the United States.
       (b) The Federal Bureau of Investigation (referred to in 
     this section as the ``FBI''), in accordance with the 
     commitment of the President to hire more than 230 new NICS 
     examiners and staff, announced on January 4, 2016, shall use 
     amounts made available for salaries and expenses of the 
     Bureau, and may not use any other amounts made available to 
     the Bureau--
       (1) to pay NICS examiners to process new appeals of NICS 
     determinations and make a final disposition of each appeal 
     not later than 90 days after the date of receipt of the 
     appeal; and
       (2) to pay NICS examiners to--
       (A) eliminate the current backlog of appeals not later than 
     1 year after the date of enactment of this Act; and
       (B) continue to add individuals to the voluntary appeal 
     file (commonly referred to as the ``VAF'') to prevent 
     subsequent delays and erroneous denials.
       (c) The FBI may not cease the review or final disposition 
     of appeals of NICS determinations on or after the date of 
     enactment of this Act.
       (d) The FBI shall submit to Congress an annual report on 
     the disposition of appeals of NICS determinations during the 
     previous year that includes--
       (1) the number of NICS checks on individuals that were--
       (A) conducted by the FBI; or
       (B) conducted by a Point of Contact (commonly referred to 
     as ``POC'') State or local agency;
       (2) with respect to the NICS checks described in paragraph 
     (1), the number of denials of firearm transfers that resulted 
     from checks--
       (A) conducted by the FBI; or
       (B) conducted by a POC State or local agency;
       (3) with respect to the denials of firearm transfers 
     described in paragraph (2), the number of denials resulting 
     from NICS checks conducted by--
       (A) the FBI that were appealed; or
       (B) a POC State or local agency that were appealed--
       (i) to the POC State or local agency; or
       (ii) to the FBI;
       (4) with respect to the appeals described in--
       (A) subparagraph (A) or (B)(ii) of paragraph (3), that 
     number that were reversed by the FBI for--
       (i) FBI denials; or
       (ii) POC State or local agency denials; or
       (B) subparagraph (B)(i) of paragraph (3), the number that 
     were reversed by the POC State or local agency; and
       (5) the number of FBI denials that involved a VAF 
     application without a preceding appeal of a NICS denial.
                                 ______
                                 
  SA 4760. Mr. BOOZMAN 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 
     or any other Act may be used to--
       (1) mandate the use of authorized user recognition 
     (commonly known as ``smart gun'') technology by any Federal, 
     State, local, or tribal law enforcement agency; or
       (2) require any State, local, or tribal law enforcement 
     agency to obtain or utilize authorized user recognition 
     technology as a condition of receiving Federal grant funding, 
     except in the case of a grant for research of authorized user 
     recognition technology.
                                 ______
                                 
  SA 4761. Mr. BOOZMAN (for himself, Mr. Sessions, Mr. Tillis, and Mr. 
Cornyn) submitted an amendment intended to be proposed by him to the 
bill H.R. 2578, making appropriations for the Departments of Commerce 
and Justice, Science, and Related Agencies for the fiscal year ending 
September 30, 2016, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___. (a) None of the amounts in the Department of 
     Justice Assets Forfeiture Fund (referred to in this section 
     as the ``Fund''), whether deposited in the Fund before, on, 
     or after the date of enactment of this Act, may be--
       (1) reprogrammed, diverted, or used as an offset for non-
     law enforcement purposes; or
       (2) otherwise used by a non-criminal justice agency that 
     does not participate in the Department of Justice Equitable 
     Sharing Program.
       (b)(1) The Attorney General may not temporarily or 
     permanently suspend or defer any payments from the Fund to 
     State and local law enforcement agencies through the 
     Department of Justice Equitable Sharing Program.
       (2) Nothing in paragraph (1) shall be construed to 
     authorize the Attorney General to prioritize payments 
     described in that paragraph over other authorized uses of 
     amounts in the Fund under the Department of Justice Asset 
     Forfeiture Program.
       (c) The Attorney General shall--
       (1) ensure enforcement of the Department of Justice 
     Equitable Sharing Program policies with respect to 
     participants in the Program; and
       (2) submit an annual report to Congress that describes--
       (A) each participant that was audited, had funds 
     temporarily or permanently frozen or deferred, or was subject 
     to any other form of suspension or penalty due to a violation 
     of the Program's policies during the previous year; and
       (B) the current status within the Program of each 
     participant described in subparagraph (A).
                                 ______
                                 
  SA 4762. Mr. MERKLEY (for himself, Mr. Kirk, Ms. Baldwin, Mr. Booker, 
Ms. Mikulski, Mrs. Shaheen, Mrs. Murray, Mr. Coons, and Mr. Durbin) 
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) Equal treatment and protection under the law is one of 
     the most cherished constitutional principles of the United 
     States.
       (2) Laws in many parts of the country still fail to 
     explicitly prohibit discrimination against lesbian, gay, 
     bisexual, and transgender (hereafter in this section referred 
     to as ``LGBT'') individuals.

[[Page 9397]]

       (3) The failure to actively oppose and prohibit 
     discrimination leaves LGBT individuals vulnerable, based on 
     who the LGBT individuals are or whom LGBT individuals love, 
     to being--
       (A) evicted from their homes;
       (B) denied credit or other financial services;
       (C) refused basic services in public places such as 
     restaurants or shops; or
       (D) terminated from employment, or otherwise discriminated 
     against in employment.
       (4) To allow discrimination to persist is incompatible with 
     the founding principles of this country.
       (5) Failure to ensure that all people of the United States 
     are treated equally allows a culture of hate against some 
     people in the United States to fester.
       (6) This hate culture includes continuing physical assaults 
     and murders committed against LGBT individuals, and 
     particularly against transgender individuals, in the United 
     States.
       (7) The events that transpired on June 12, 2016, in 
     Orlando, Florida, were a horrifying and tragic act of hate 
     and terror that took the lives of 49 innocent individuals and 
     injured 53 more. The victims were targeted because of who 
     they were, whom they loved, or whom they associated with.
       (b) It is the sense of Congress that--
       (1) it is time to end discrimination against LGBT 
     individuals and stand against the culture of hatred and 
     prejudice that such discrimination allows;
       (2) it is incumbent on policymakers to ensure that LGBT 
     individuals benefit from the full protection of the civil 
     rights laws of the Nation; and
       (3) Congress commits to take every action necessary to make 
     certain that all people of the United States are treated and 
     protected equally under the law.
                                 ______
                                 
  SA 4763. 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:

       On page 85, line 11, strike the period and insert ``: 
     Provided further, That $9,376,000 shall be transferred to the 
     Trade Enforcement Trust Fund established under section 611 of 
     the Trade Facilitation and Trade Enforcement Act of 2015 (19 
     U.S.C. 4405), to be used for enforcement, monitoring, 
     investigation, and capacity-building activities related to 
     free trade agreements: Provided further, That any such 
     transfer shall be treated as a reprogramming under section 
     505 of this Act and amounts so transferred shall not be 
     available for obligation or expenditure except in accordance 
     with such section 505.''.
                                 ______
                                 
  SA 4764. 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. __. TERRORIST REFUGEE INFILTRATION PREVENTION.

       (a) Short Title.--This section may be cited as the 
     ``Terrorist Refugee Infiltration Prevention Act of 2016''.
       (b) Definitions.--In this section:
       (1) Country containing terrorist-controlled territory.--The 
     term ``country containing terrorist-controlled territory'' 
     means--
       (A) Iraq, Libya, Somalia, Syria, and Yemen; and
       (B) any other country designated by the Secretary of State 
     pursuant to section 4(a).
       (2) Refugee.--The term ``refugee'' has the meaning given 
     the term in section 101(a)(42) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(42)).
       (3) Substantial assistance.--The term ``substantial 
     assistance'' means a level of assistance without which the 
     United States could not achieve the purposes for which the 
     assistance was provided or sought.
       (4) Victim of genocide.--The term ``victim of genocide'' 
     has the meaning given the term in Article II of the United 
     Nations Convention on the Prevention and Punishment of the 
     Crime of Genocide, opened for signature in Paris on December 
     9, 1948.
       (c) Prohibition on Refugees From Terrorist-Controlled 
     Territories.--
       (1) In general.--Except as provided in paragraph (2) and 
     notwithstanding any other provision of law, an alien may not 
     be admitted to the United States under section 207 of the 
     Immigration and Nationality Act (8 U.S.C. 1157) if the alien 
     is a national of, has habitually resided in, or is claiming 
     refugee status due to events in any country containing 
     terrorist-controlled territory.
       (2) Exception.--
       (A) In general.--An alien otherwise prohibited from 
     admission to the United States under paragraph (1) may be 
     admitted to the United States under section 207 of the 
     Immigration and Nationality Act (8 U.S.C. 1157) if the alien 
     clearly proves, beyond doubt, that he or she--
       (i) satisfies the requirements for admission as a refugee; 
     and
       (ii) is a member of a group that has been designated by the 
     Secretary of State or by an Act of Congress as a victim of 
     genocide.
       (B) National security threat.--An alien may not be admitted 
     under subparagraph (A) unless--
       (i) the alien has undergone the highest level of security 
     screening of any category of traveler to the United States, 
     including assessments by the Department of State, the 
     Department of Defense, the Department of Homeland Security, 
     the Federal Bureau of Investigation Terrorist Screening 
     Center, and the National Counterterrorism Center;
       (ii) full multi-modal biometrics of the alien have been 
     taken, including face, iris, and all fingerprints; and
       (iii) the Secretary of State, the Secretary of Defense, the 
     Secretary of Homeland Security, the Director of the Federal 
     Bureau of Investigation, and the Director of National 
     Intelligence certify that such alien is not a threat to the 
     national security of the United States.
       (3) Applicability.--Paragraphs (1) and (2) shall not apply 
     to any alien seeking admission under section 207 of the 
     Immigration and Nationality Act (8 U.S.C. 1157) if the 
     Secretary of State, the Secretary of Defense, the Secretary 
     of Homeland Security, and the Director of National 
     Intelligence certify that the alien--
       (A) provided substantial assistance to the United States; 
     and
       (B) would face a substantial risk of death or serious 
     bodily injury because of that assistance if not admitted to 
     the United States.
       (d) Responsibilities of the Secretary of State.--
       (1) Identification of other countries.--In addition to the 
     countries listed in subsection (b)(1)(A), the Secretary of 
     State may designate, as a ``country containing terrorist-
     controlled territory'', any country containing territory that 
     is controlled, in substantial part, by a Foreign Terrorist 
     Organization, as designated by the Secretary of State under 
     section 219 of the Immigration and Nationality Act (8 U.S.C. 
     1189), to the exclusion of that country's recognized 
     government.
       (2) List of countries containing terrorist-controlled 
     territory.--The Secretary of State shall--
       (A) maintain and continually update a list of the countries 
     containing terrorist-controlled territory; and
       (B) continuously make available the list described in 
     subparagraph (A)--
       (i) on the Secretary's website;
       (ii) to the Secretary of Homeland Security;
       (iii) to Congress; and
       (iv) to the public.
       (3) Victims of genocide.--The Secretary of State shall--
       (A) identify all groups that are victims of genocide;
       (B) maintain and continually update a list of the groups 
     that the Secretary or Congress has identified as victims of 
     genocide; and
       (C) continuously make available the list described in 
     subparagraph (B)--
       (i) on the Secretary's website;
       (ii) to the Secretary of Homeland Security;
       (iii) to Congress; and
       (iv) to the public.
       (4) National security threat.--The Secretary of State may 
     refuse to designate a group for the exception under 
     subsection (c)(2)(A)(ii) if the Secretary determines that the 
     group poses a substantial security risk to the United States.
       (e) Responsibilities of the Secretary of Homeland 
     Security.--
       (1) Rulemaking.--The Secretary of Homeland Security shall 
     issue regulations to implement subsection (c) as soon as 
     practicable.
       (2) Limit of alien assertions.--The Secretary of Homeland 
     Security may not admit any alien into the United States under 
     this section solely based on the assertions of such alien.
       (3) Coordination.--The Secretary of Homeland Security shall 
     coordinate with the Secretary of State, the Secretary of 
     Defense, the Director of the Federal Bureau of Investigation, 
     and the Director of National Intelligence to substantiate, as 
     much as reasonably practicable, the assertions made by aliens 
     seeking admission to the United States.
       (f) Effective Period.--This section shall be effective 
     during the 3-year period beginning on the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 4765. Mrs. GILLIBRAND (for herself and 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

[[Page 9398]]

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. ____. FIREARMS TRAFFICKING.

       (a) In General.--Chapter 44 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 932. Trafficking in firearms

       ``(a) Offenses.--It shall be unlawful for any person, 
     regardless of whether anything of value is exchanged--
       ``(1) to ship, transport, transfer, or otherwise dispose to 
     a person, 2 or more firearms in or affecting interstate or 
     foreign commerce, if the transferor knows or has reasonable 
     cause to believe that such use, carry, possession, or 
     disposition of the firearm would be in violation of, or would 
     result in a violation of any Federal, State, or local law 
     punishable by a term of imprisonment exceeding 1 year;
       ``(2) to receive from a person, 2 or more firearms in or 
     affecting interstate or foreign commerce, if the recipient 
     knows or has reasonable cause to believe that such receipt 
     would be in violation of, or would result in a violation of 
     any Federal, State, or local law punishable by a term of 
     imprisonment exceeding 1 year;
       ``(3) to make a statement to a licensed importer, licensed 
     manufacturer, or licensed dealer relating to the purchase, 
     receipt, or acquisition from a licensed importer, licensed 
     manufacturer, or licensed dealer of 2 or more firearms that 
     have moved in or affected interstate or foreign commerce 
     that--
       ``(A) is material to--
       ``(i) the identity of the actual buyer of the firearms; or
       ``(ii) the intended trafficking of the firearms; and
       ``(B) the person knows or has reasonable cause to believe 
     is false; or
       ``(4) to direct, promote, or facilitate conduct specified 
     in paragraph (1), (2), or (3).
       ``(b) Penalties.--
       ``(1) In general.--Any person who violates, or conspires to 
     violate, subsection (a) shall be fined under this title, 
     imprisoned for not more than 20 years, or both.
       ``(2) Organizer enhancement.--If a violation of subsection 
     (a) is committed by a person in concert with 5 or more other 
     persons with respect to whom such person occupies a position 
     of organizer, a supervisory position, or any other position 
     of management, such person may be sentenced to an additional 
     term of imprisonment of not more than 5 consecutive years.
       ``(c) Definitions.--In this section--
       ``(1) the term `actual buyer' means the individual for whom 
     a firearm is being purchased, received, or acquired; and
       ``(2) the term `term of imprisonment exceeding 1 year' does 
     not include any offense classified by the applicable 
     jurisdiction as a misdemeanor and punishable by a term of 
     imprisonment of 2 years or less.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 44 of title 18, United States Code, is 
     amended by adding at the end the following:

``932. Trafficking in firearms.''.

       (c) Directive to the Sentencing Commission.--
       (1) In general.--Pursuant to its authority under section 
     994(p) of title 28, United States Code, the United States 
     Sentencing Commission shall review and, if appropriate, amend 
     the Federal sentencing guidelines and policy statements 
     applicable to persons convicted of offenses under section 932 
     of title 18, United States Code (as added by subsection (a)).
       (2) Requirements.--In carrying out this section, the 
     Commission shall--
       (A) review the penalty structure that the guidelines 
     currently provide based on the number of firearms involved in 
     the offense and determine whether any changes to that penalty 
     structure are appropriate in order to reflect the intent of 
     Congress that such penalties reflect the gravity of the 
     offense; and
       (B) review and amend, if appropriate, the guidelines and 
     policy statements to reflect the intent of Congress that 
     guideline penalties for violations of section 932 of title 
     18, United States Code, and similar offenses be increased 
     substantially when committed by a person who is a member of a 
     gang, cartel, organized crime ring, or other such enterprise 
     or in concert with another person who is a member of a gang, 
     cartel, organized crime ring or other such enterprise.
                                 ______
                                 
  SA 4766. Mr. WICKER (for himself, Ms. Cantwell, and Ms. Murkowski) 
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 13, line 8, strike ``Provided,'' and insert 
     ``Provided, That not more than $8,000,000 may be used to fill 
     gaps in the national surface current mapping network using 
     high frequency radar technology and to allow fleet 
     acquisition for autonomous underwater and surface vehicles 
     for near real-time data collection: Provided further,''.
                                 ______
                                 
  SA 4767. Mr. WYDEN (for himself and Mr. Merkley) 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 48, line 24, insert ``$5,000,000 is for emergency 
     law enforcement assistance, as authorized by section 609M of 
     the Justice Assistance Act of 1984 (42 U.S.C. 10513),'' after 
     ``subpart 1,''.

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