[Congressional Record (Bound Edition), Volume 162 (2016), Part 7]
[Senate]
[Pages 9463-9470]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4768. Mr. PAUL 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 107, between lines 9 and 10, insert the following:
       Sec. 539. (a) Congress finds that neither the 2001 
     Authorization for Use of Military Force (Public Law 107-40; 
     50 U.S.C. 1541 note) or the Authorization for Use of Military 
     Force Against Iraq Resolution of 2002 (Public Law 107-243; 50 
     U.S.C. 1541 note) authorize the use of military force against 
     the Islamic State in Iraq and al-Sham (ISIS).
       (b) It is the sense of Congress that the President, unless 
     acting out of self-defense or to address an imminent threat 
     to the United States, is not authorized to conduct military 
     operations against ISIS without explicit authorization for 
     the use of such force, and Congress should debate and pass 
     such an authorization.
                                 ______
                                 
  SA 4769. Mr. NELSON (for himself, Mr. Kirk, Mr. Udall, and Mr. 
Blumenthal) 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__. REPORTING OF TERRORISM INVESTIGATIONS TO NICS.

       (a) Definitions.--In this section--
       (1) the term ``firearm'' has the meaning given the term in 
     section 921 of title 18, United States Code;
       (2) the term ``licensee'' means a licensed importer, 
     licensed manufacturer, or licensed dealer, as those terms are 
     defined in section 921 of title 18, United States Code;
       (3) the term ``NICS'' means the national instant criminal 
     background check system established under section 103 of the 
     Brady Handgun Violence Prevention Act (18 U.S.C. 922 note); 
     and
       (4) the term ``terrorism'' includes international terrorism 
     and domestic terrorism, as defined in section 2331 of title 
     18, United States Code.
       (b) Inclusion of Information in NICS.--Not later than 90 
     days after the date of enactment of this Act, the Attorney 
     General shall establish a process to ensure that if any 
     person has been or is under a terrorism investigation 
     conducted by the Department of Justice or any other 
     department or agency of the Federal Government, information 
     about such terrorism investigation of the person shall be 
     included in the NICS database.

[[Page 9464]]

       (c) Submission of Information.--The head of each department 
     or agency of the Federal Government that has information 
     about a person who has been or is under a terrorism 
     investigation conducted by the department or agency shall 
     provide such information to the Attorney General for 
     inclusion in the NICS database under subsection (b).
       (d) Notification of Federal Bureau of Investigation.--If a 
     licensee contacts NICS to request a unique identification 
     number for the transfer of a firearm to a prospective 
     purchaser under section 922(t) of title 18, United States 
     Code, and the prospective purchaser is a person who has been 
     or is under a terrorism investigation conducted by the 
     Department of Justice or any other department or agency of 
     the Federal Government, NICS shall notify the appropriate 
     division of the Federal Bureau of Investigation of the 
     request and pending firearm transfer.
                                 ______
                                 
  SA 4770. Mr. TESTER 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. ___.  Not later than 30 days after the date of 
     enactment of this Act, the Attorney General shall publish a 
     final rule relating to the crime victim assistance programs 
     authorized by section 1404 of the Victims of Crime Act of 
     1984 (42 U.S.C. 10603) that permits the grant funds awarded 
     under that section to be used for forensic interviews and 
     medical examinations.
                                 ______
                                 
  SA 4771. Mrs. GILLIBRAND 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. __.  The matter under the heading ``salaries and 
     expenses'' under the heading ``Bureau of Alcohol, Tobacco, 
     Firearms and Explosives'' in title II of division B of the 
     Consolidated and Further Continuing Appropriations Act, 2013 
     (Public Law 113-6; 127 Stat. 247) is amended by striking the 
     fifth proviso.
                                 ______
                                 
  SA 4772. Mrs. GILLIBRAND 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 35, line 9, insert ``: Provided further, That the 
     Federal Bureau of Investigation shall include a course 
     providing trauma-informed training for law enforcement 
     officers dealing with victims of sexual assault'' before the 
     period.
                                 ______
                                 
  SA 4773. Mrs. GILLIBRAND 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:

       Strike section 531.
                                 ______
                                 
  SA 4774. Ms. CANTWELL (for herself and Mrs. Murray) 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 17, between lines 9 and 10, insert the following:

                     fisheries disaster assistance

       For providing fisheries disaster assistance, $4,100,000, to 
     remain available until September 30, 2018, to provide 
     assistance for any commercial fishery failure that was 
     determined by the Secretary of Commerce, in 2014, to be a 
     fishery resource disaster.
                                 ______
                                 
  SA 4775. 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 II (before the short title), insert the 
     following:
       Sec. _.  None of the funds made available under this Act 
     shall be used to take any action to apply or enforce title II 
     of the Americans with Disabilities Act of 1990 (42 U.S.C. 
     12131 et seq.) with respect to any private school on the 
     basis that the school is a public entity under that title II 
     because the school receives funds or other support through 
     assistance provided by a State or local agency to, or on 
     behalf of, any student whose parent chooses to place the 
     student in the private school.
                                 ______
                                 
  SA 4776. 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, insert the following:
       Sec. 539. (a) Notwithstanding any other provision of law, 
     none of the funds appropriated or otherwise made available 
     under this Act may be used by the Department of Justice to 
     prevent a State from implementing a State law that 
     authorizes--
       (1) the production, manufacture, distribution, prescribing, 
     or dispensing of an experimental drug, biological product, or 
     device that--
       (A) is intended to treat a patient who has been diagnosed 
     with a terminal illness; and
       (B) is authorized by, and in accordance with, State law; 
     and
       (2) the possession or use of an experimental drug, 
     biological product, or device--
       (A) that is described in subparagraphs (A) and (B) of 
     paragraph (1); and
       (B) for which the patient has received a certification from 
     a physician, who is in good standing with the physician's 
     certifying organization or board, that the patient has 
     exhausted, or otherwise does not meet qualifying criteria to 
     receive, any other available treatment options.
       (b)(1) Notwithstanding any other provision of law, no 
     liability shall lie against a producer, manufacturer, 
     distributor, prescriber, dispenser, possessor, or user of an 
     experimental drug, biological product, or device for the 
     production, manufacture, distribution, prescribing, 
     dispensing, possession, or use of an experimental drug, 
     biological product, or device that is in compliance with a 
     State law described in subsection (a).
       (2) Notwithstanding any other provision of law, the outcome 
     of any production, manufacture, distribution, prescribing, 
     dispensing, possession, or use of an experimental drug, 
     biological product, or device that was done in compliance 
     with a State law described in subsection (a) shall not be 
     used by a Federal agency reviewing the experimental drug, 
     biological product, or device to delay or otherwise adversely 
     impact review or approval of such experimental drug, 
     biological product, or device.
       (c) In this section--
       (1) the term ``biological product'' has the meaning given 
     to such term in section 351 of the Public Health Service Act 
     (42 U.S.C. 262);
       (2) the terms ``device'' and ``drug'' have the meanings 
     given to such terms in section 201 of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 321);
       (3) the term ``experimental drug, biological product, or 
     device'' means a drug, biological product, or device that--
       (A) has successfully completed a phase 1 clinical 
     investigation;
       (B) remains under investigation in a clinical trial 
     approved by the Food and Drug Administration; and
       (C) is not approved, licensed, or cleared for commercial 
     distribution under section 505, 510(k), or 515 of the Federal 
     Food, Drug, or Cosmetic Act (21 U.S.C. 355, 360(k), 360(e)) 
     or section 351 of the Public Health Service Act (42 U.S.C. 
     262);
       (4) the term ``phase 1 clinical investigation'' means a 
     phase 1 clinical investigation, as described in section 
     312.21 of title 21, Code of Federal Regulations (or any 
     successor regulations); and
       (5) the term ``terminal illness'' has the meaning given to 
     such term in the State law specified in subsection (a)(1)(B).
                                 ______
                                 
  SA 4777. 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

[[Page 9465]]

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 funds made available in this Act 
     may be used to deny an Inspector General funded under this 
     Act timely access to any records, documents, or other 
     materials available to the department or agency over which 
     that Inspector General has responsibilities under the 
     Inspector General Act of 1978 (5 U.S.C. App.), or to prevent 
     or impede that Inspector General's access to such records, 
     documents, or other materials, under any provision of law, 
     except a provision of law that expressly refers to the 
     Inspector General and expressly limits the Inspector 
     General's right of access.
       (b) A department or agency covered by this section shall 
     provide its Inspector General with access to all such 
     records, documents, and other materials in a timely manner.
       (c) Each Inspector General shall ensure compliance with 
     statutory limitations on disclosure relevant to the 
     information provided by the establishment over which that 
     Inspector General has responsibilities under the Inspector 
     General Act of 1978 (5 U.S.C. App.).
       (d) Each Inspector General covered by this section shall 
     report to the Committees on Appropriations of the House of 
     Representatives and the Senate within 5 calendar days any 
     failures to comply with this requirement.
                                 ______
                                 
  SA 4778. Mr. SHELBY (for himself and Ms. Mikulski) 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 23, beginning on line 15, strike ``U.S. Census 
     Bureau,'' and insert ``Bureau of the Census,''.
                                 ______
                                 
  SA 4779. Mr. SHELBY (for himself and Mr. Daines) submitted an 
amendment intended to be proposed to amendment SA 4685 proposed by Mr. 
Shelby (for himself and Ms. Mikulski) to the bill H.R. 2578, making 
appropriations for the Departments of Commerce and Justice, Science, 
and Related Agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of title II, add the following:
       Sec. 2__. In addition to any other transfer authority 
     available to the Department of Justice, for fiscal year 2017, 
     of the unobligated balances available in the Department of 
     Justice Working Capital Fund, (1) up to $175,000,000 may be 
     transferred to the ``Federal Bureau of Investigation, 
     Salaries and Expenses'' account, for personnel, training, and 
     equipment needed to counter both foreign and domestic 
     terrorism, including lone wolf actors; and (2) up to 
     $15,000,000 may be transferred to the ``Office of Justice 
     Programs'' account for State and local law enforcement 
     assistance, for an Officer Robert Wilson III Memorial 
     Initiative on Preventing Violence Against Law Enforcement 
     Officer Resilience and Survivability (VALOR).
                                 ______
                                 
  SA 4780. 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 appropriated or otherwise made 
     available by this Act may be obligated or expended to 
     negotiate a trade agreement that contains a provision 
     providing for the protection or recognition of geographical 
     indications that would limit the use of generic names used by 
     United States businesses, such as generic names of certain 
     cheeses, meats, and other products.
                                 ______
                                 
  SA 4781. Mr. BOOZMAN 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) None of the funds made available by this Act 
     may be used to--
       (1) pay the salaries or expenses of personnel to fail to--
       (A) make final dispositions on appeals of denials from the 
     National Instant Criminal Background Check System (commonly 
     referred to as ``NICS'') within 90 days of receipt of the 
     appeal;
       (B) eliminate the current backlog of appeals not later than 
     1 year after the date of enactment of this Act; or
       (C) continue to add individuals to the voluntary appeal 
     file (commonly referred to as the ``VAF'') to prevent 
     subsequent delays and erroneous denials; or
       (2) pay expenses of the Federal Bureau of Investigation 
     (referred to in this section as the ``FBI'') if the FBI fails 
     to submit to Congress an annual report on the disposition of 
     appeals of NICS determinations during the previous year that 
     includes--
       (A) the number of NICS checks on individuals that were--
       (i) conducted by the FBI; or
       (ii) conducted by a Point of Contact (commonly referred to 
     as ``POC'') State or local agency;
       (B) with respect to the NICS checks described in 
     subparagraph (A), the number of denials of firearm transfers 
     that resulted from checks--
       (i) conducted by the FBI; or
       (ii) conducted by a POC State or local agency;
       (C) with respect to the denials of firearm transfers 
     described in subparagraph (B), the number of denials 
     resulting from NICS checks conducted by--
       (i) the FBI that were appealed; or
       (ii) a POC State or local agency that were appealed--

       (I) to the POC State or local agency; or
       (II) to the FBI;

       (D) with respect to the appeals described in--
       (i) clause (i) or (ii)(II) of subparagraph (C), that number 
     that were reversed by the FBI for--

       (I) FBI denials; or
       (II) POC State or local agency denials; or

       (ii) clause (ii)(I) of subparagraph (C), the number that 
     were reversed by the POC State or local agency; and
       (E) the number of FBI denials that involved a VAF 
     application without a preceding appeal of a NICS denial.
                                 ______
                                 
  SA 4782. Mrs. BOXER (for herself and Mr. Booker) 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__. COMMUNITY AND LAW ENFORCEMENT PARTNERSHIP GRANT 
                   PROGRAM.

       (a) Grants Authorized.--The Attorney General shall make 
     grants to eligible States and Indian tribes to be used for 
     the activities described in subsection (c).
       (b) Eligibility.--
       (1) In general.--In order to be eligible to receive a grant 
     under this section a State or Indian tribe shall--
       (A) report incidents in accordance with paragraph (2); and
       (B) demonstrate that the use-of-force policy for law 
     enforcement officers in the State or Indian tribe is publicly 
     available.
       (2) Reporting of incidents.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, and each year thereafter, and subject 
     to subparagraph (C), a State or Indian tribe shall report to 
     the Attorney General information on--
       (i) any incident involving the shooting of a civilian by a 
     law enforcement officer;
       (ii) any incident involving the shooting of a law 
     enforcement officer by a civilian;
       (iii) any incident in which use of force by a law 
     enforcement officer against a civilian results in serious 
     bodily injury (as defined in section 2246 of title 18, United 
     States Code) or death; and
       (iv) any incident in which use of force by a civilian 
     against a law enforcement officer results in serious bodily 
     injury (as defined in section 2246 of title 18, United States 
     Code) or death.
       (B) Required information.--For each incident reported under 
     subparagraph (A), the information reported to the Attorney 
     General shall include, at a minimum--
       (i) the gender, race, ethnicity, and age of each individual 
     who was shot, injured, or killed;
       (ii) the date, time, and location of the incident;
       (iii) whether the civilian was armed, and, if so, the type 
     of weapon the civilian had;
       (iv) the type of force used against the officer, the 
     civilian, or both, including the types of weapons used;
       (v) the number of officers involved in the incident;

[[Page 9466]]

       (vi) the number of civilians involved in the incident; and
       (vii) a brief description regarding the circumstances 
     surrounding the incident.
       (C) Incidents reported under death in custody reporting 
     act.--A State is not required to include in a report under 
     subparagraph (A) an incident reported by the State in 
     accordance with section 20104(a)(2) of the Violent Crime 
     Control and Law Enforcement Act of 1994 (42 U.S.C. 
     13704(a)(2)) before the date of the report under subparagraph 
     (A).
       (c) Activities Described.--A grant made under this section 
     may be used by a State or Indian tribe for--
       (1) the cost of complying with the reporting requirements 
     described in subsection (b)(2);
       (2) the cost of establishing necessary systems required to 
     investigate and report incidents as required under subsection 
     (b)(2);
       (3) public awareness campaigns designed to gain information 
     from the public on use of force against police officers, 
     including shootings, which may include tip lines, hotlines, 
     and public service announcements; and
       (4) use of force training for law enforcement agencies and 
     personnel, including de-escalation and bias training.
       (d) Independent Audit and Review.--Not later than 1 year 
     after the date of enactment of this Act, and each year 
     thereafter, the Attorney General shall conduct an audit and 
     review of the information provided under subsection (b)(2) to 
     determine whether each State or Indian tribe receiving a 
     grant under this section is in compliance with the 
     requirements of this section.
       (e) Public Availability of Data.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and each year thereafter, the Attorney 
     General shall publish, and make available to the public, a 
     report containing the data reported to the Attorney General 
     under subsection (b)(2).
       (2) Privacy protections.--Nothing in this subsection shall 
     be construed to supersede the requirements or limitations 
     under section 552a of title 5, United States Code (commonly 
     known as the ``Privacy Act of 1974'').
       (f) Guidance.--Not later than 180 days after the date of 
     enactment of this Act, the Attorney General, in coordination 
     with the Director of the Federal Bureau of Investigation, 
     shall issue guidance on best practices relating to 
     establishing standard data collection systems that capture 
     the information required to be reported under subsection 
     (b)(2), which shall include standard and consistent 
     definitions for terms, including the term ``use of force''.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Attorney General such sums as are 
     necessary to carry out this section.
                                 ______
                                 
  SA 4783. Mrs. BOXER submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by Mr. Shelby (for himself and Ms. Mikulski) 
to the bill H.R. 2578, making appropriations for the Departments of 
Commerce and Justice, Science, and Related Agencies for the fiscal year 
ending September 30, 2016, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end, add the following:

                TITLE VI--GUN VIOLENCE INTERVENTION ACT

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Gun Violence Intervention 
     Act of 2016''.

     SEC. 602. DEFINITIONS.

       In this title--
       (1) the term ``close associate'' means, with respect to an 
     individual--
       (A) a dating partner, friend, co-worker, or neighbor of the 
     individual; or
       (B) any other person who has a relationship with the 
     individual so as to be concerned about the safety and well-
     being of the individual, as determined by a State;
       (2) the term ``family member'' means, with respect to an 
     individual, a spouse, child, parent, sibling, grandchild, or 
     grandparent of the individual;
       (3) the term ``firearm'' has the meaning given the term in 
     section 921 of title 18, United States Code;
       (4) the term ``gun violence prevention order'' means a 
     written order, issued by a State court or signed by a 
     magistrate (or other comparable judicial officer), 
     prohibiting a named individual from having under the custody 
     or control of the individual, owning, purchasing, possessing, 
     or receiving any firearms;
       (5) the term ``gun violence prevention warrant'' means a 
     written order, issued by a State court or signed by a 
     magistrate (or other comparable judicial officer), regarding 
     an individual who is subject to a gun violence prevention 
     order and who is known to own or possess 1 or more firearms, 
     that directs a law enforcement officer to temporarily seize 
     and retain any firearm in the possession of the individual;
       (6) the term ``law enforcement officer'' means a public 
     servant authorized by State law or by a State government 
     agency to engage in or supervise the prevention, detection, 
     investigation, or prosecution of an offense; and
       (7) the term ``wellness check'' means a visit conducted by 
     a law enforcement officer to the residence of an individual 
     for the purpose of assessing whether the individual poses a 
     danger to the individual or others due to a mental, 
     behavioral, or physical condition.

     SEC. 603. NATIONAL GUN VIOLENCE PREVENTION ORDER AND WARRANT 
                   LAW.

       (a) Enactment of Gun Violence Prevention Order Law.--In 
     order to receive a grant under section 604, on the date that 
     is 3 years after the date of enactment of this Act, each 
     State shall have in effect legislation that--
       (1) authorizes a gun violence prevention order and gun 
     violence prevention warrant in accordance with subsection 
     (b); and
       (2) requires each law enforcement agency of the State to 
     comply with subsection (c).
       (b) Requirements for Gun Violence Prevention Orders and 
     Warrants.--Legislation required under subsection (a) shall be 
     subject to the following requirements:
       (1) Application for gun violence prevention order.--A 
     family member or close associate of an individual may submit 
     an application to a State court, on a form designed by the 
     court, that--
       (A) describes the facts and circumstances necessitating 
     that a gun violence prevention order be issued against the 
     named individual;
       (B) is signed by the applicant, under oath; and
       (C) includes any additional information required by the 
     State court or magistrate (or other comparable judicial 
     officer) to demonstrate that possession of a firearm by the 
     named individual poses a significant risk of personal injury 
     to the named individual or others.
       (2) Examination of applicant and witnesses.--A State court 
     or magistrate (or other comparable judicial officer) may, 
     before issuing a gun violence prevention order--
       (A) examine under oath, the individual who applied for the 
     order under paragraph (1) and any witnesses the individual 
     produces; and
       (B)(i) require that the individual or any witness submit a 
     signed affidavit, which describes the facts the applicant or 
     witness believes establish the grounds of the application; or
       (ii) take an oral statement from the individual or witness 
     under oath.
       (3) Standard for issuance of order.--
       (A) In general.--A State court or magistrate (or other 
     comparable judicial officer) may issue a gun violence 
     prevention order only upon a finding of probable cause that 
     possession of a firearm by the named individual poses a 
     significant risk of personal injury to the named individual 
     or others.
       (B) Notification.--
       (i) In general.--The court shall notify the Department of 
     Justice and comparable State agency of the gun violence 
     prevention order not later than 2 court days after issuing 
     the order. The court shall also notify the Department of 
     Justice and comparable State agency of any order restoring 
     the ability of the individual to own or possess firearms not 
     later than 2 court days after issuing the order to restore 
     the individual's right to own or possess any type of firearm 
     that may be lawfully owned and possessed. Such notice shall 
     be submitted in an electronic format, in a manner prescribed 
     by the Department of Justice and the comparable State agency.
       (ii) Update of databases.--As soon as practicable after 
     receiving a notification under clause (i), the Department of 
     Justice and comparable State agency shall update the 
     background check databases of the Department and agency, 
     respectively, to reflect the prohibitions articulated in the 
     gun violence prevention order.
       (4) Issuance of gun violence prevention warrant.--
       (A) In general.--After issuing a gun violence prevention 
     order, a State court or magistrate (or other comparable 
     judicial officer) shall, upon a finding of probable cause to 
     believe that the named individual subject to the order has a 
     firearm in his custody or control, issue a gun violence 
     prevention warrant ordering the temporary seizure of all 
     firearms specified in the warrant.
       (B) Requirement.--Subject to paragraph (6), a gun violence 
     prevention warrant issued under subparagraph (A) shall 
     require that any firearm described in the warrant be taken 
     from any place, or from any individual in whose possession, 
     the firearm may be.
       (5) Service of gun violence prevention order.--When serving 
     a gun violence prevention order, a law enforcement officer 
     shall provide the individual with a form to request a hearing 
     in accordance with paragraph (6)(F).
       (6) Temporary seizure of firearms.--
       (A) In general.--When a law enforcement officer takes 
     property under a gun violence prevention warrant, the law 
     enforcement officer shall give a receipt for the property 
     taken, specifying the property in detail, to the individual 
     from whom it was taken. In the absence of a person, the law 
     enforcement officer shall leave the receipt in the place 
     where the law enforcement officer found the property.
       (B) Temporary custody of seized firearms.--All firearms 
     seized pursuant to a gun violence prevention warrant shall be 
     retained by the law enforcement officer or the law 
     enforcement agency in custody, subject

[[Page 9467]]

     to the order of the court that issued the warrant or to any 
     other court in which an offense with respect to the firearm 
     is triable.
       (C) Limitation on seizure of firearms.--If the location to 
     be searched during the execution of a gun violence prevention 
     warrant is jointly occupied by multiple parties and a firearm 
     is located during the execution of the seizure warrant, and 
     it is determined that the firearm is owned by an individual 
     other than the individual named in the gun violence 
     prevention warrant, the firearm may not be seized if--
       (i) the firearm is stored in a manner that the individual 
     named in the gun violence prevention warrant does not have 
     access to or control of the firearm; and
       (ii) there is no evidence of unlawful possession of the 
     firearm by the owner.
       (D) Gun safe.--If the location to be searched during the 
     execution of a gun violence prevention warrant is jointly 
     occupied by multiple parties and a gun safe is located, and 
     it is determined that the gun safe is owned by an individual 
     other than the individual named in the gun violence 
     prevention warrant, the contents of the gun safe shall not be 
     searched except in the owner's presence, or with the owner's 
     consent, or unless a valid search warrant has been obtained.
       (E) Return of firearm to rightful owner.--If any individual 
     who is not a named individual in a gun violence prevention 
     warrant claims title to a firearm seized pursuant to a gun 
     violence prevention warrant, the firearm shall be returned to 
     the lawful owner not later than 30 days after the date on 
     which the title is claimed.
       (F) Right to request a hearing.--A named individual may 
     submit 1 written request at any time during the effective 
     period of a gun violence prevention order issued against the 
     individual for a hearing for an order allowing the individual 
     to own, possess, purchase, or receive a firearm.
       (7) Hearing on gun violence prevention order and gun 
     violence prevention warrant.--
       (A) In general.--Except as provided in subparagraph (E), 
     not later than 14 days after the date on which a gun violence 
     prevention order and, when applicable, a gun violence 
     prevention warrant, is issued, the court that issued the 
     order and, when applicable, the warrant, or another court in 
     that same jurisdiction, shall hold a hearing to determine 
     whether the individual who is the subject of the order may 
     have under the custody or control of the individual, own, 
     purchase, possess, or receive firearms and, when applicable, 
     whether any seized firearms should be returned to the 
     individual named in the warrant.
       (B) Notice.--The individual named in a gun violence 
     prevention order requested to be renewed under subparagraph 
     (A) shall be given written notice and an opportunity to be 
     heard on the matter.
       (C) Burden of proof.--
       (i) In general.--Except as provided in clause (ii), at any 
     hearing conducted under subparagraph (A), the State or 
     petitioner shall have the burden of establishing probable 
     cause that the individual poses a significant risk of 
     personal injury to the individual or others by owning or 
     possessing the firearm.
       (ii) Higher burden of proof.--A State may establish a 
     burden of proof for hearings conducted under subparagraph (A) 
     that is higher than the burden of proof required under clause 
     (i).
       (D) Requirements upon finding of significant risk.--If the 
     named individual is found at the hearing to pose a 
     significant risk of personal injury to the named individual 
     or others by owning or possessing a firearm, the following 
     shall apply:
       (i) The firearm or firearms seized pursuant to the warrant 
     shall be retained by the law enforcement agency for a period 
     not to exceed 1 year.
       (ii) The named individual shall be prohibited from owning 
     or possessing, purchasing or receiving, or attempting to 
     purchase or receive a firearm for a period not to exceed 1 
     year, a violation of which shall be considered a misdemeanor 
     offense.
       (iii) The court shall notify the Department of Justice and 
     comparable State agency of the gun violence prevention order 
     not later than 2 court days after issuing the order. The 
     court shall also notify the Department of Justice and 
     comparable State agency of any order restoring the ability of 
     the individual to own or possess firearms not later than 2 
     court days after issuing the order to restore the 
     individual's right to own or possess any type of firearm that 
     may be lawfully owned and possessed. Such notice shall be 
     submitted in an electronic format, in a manner prescribed by 
     the Department of Justice and the comparable State agency.
       (iv) As soon as practicable after receiving a notification 
     under clause (iii), the Department of Justice and comparable 
     State agency shall update the background check databases of 
     the Department and agency, respectively, to reflect--

       (I) the prohibitions articulated in the gun violence 
     prevention order; or
       (II) an order issued to restore an individual's right to 
     own or possess a firearm.

       (E) Return of firearms.--If the court finds that the State 
     has not met the required standard of proof, any firearm 
     seized pursuant to the warrant shall be returned to the named 
     individual not later than 30 days after the hearing.
       (F) Limitation on hearing requirement.--If an individual 
     named in a gun violence prevention warrant is prohibited from 
     owning or possessing a firearm for a period of 1 year or more 
     by another provision of State or Federal law, a hearing 
     pursuant to subparagraph (A) is not required and the court 
     shall issue an order to hold the firearm until either the 
     individual is no longer prohibited from owning a firearm or 
     the individual sells or transfers ownership of the firearm to 
     a licensed firearm dealer.
       (8) Renewing gun violence prevention order and gun violence 
     prevention warrant.--
       (A) In general.--Except as provided in subparagraph (E), if 
     a law enforcement agency has probable cause to believe that 
     an individual who is subject to a gun violence prevention 
     order continues to pose a significant risk of personal injury 
     to the named individual or others by possessing a firearm, 
     the agency may initiate a request for a renewal of the order, 
     on a form designed by the court, describing the facts and 
     circumstances necessitating the request.
       (B) Notice.--The individual named in the gun violence 
     prevention order requested to be renewed under subparagraph 
     (A) shall be given written notice and an opportunity to be 
     heard on the matter.
       (C) Hearing.--After notice is given under subparagraph (B), 
     a hearing shall be held to determine if a request for renewal 
     of the order shall be issued.
       (D) Issuance of renewal.--Except as provided in 
     subparagraph (E), a State court may issue a renewal of a gun 
     violence prevention order if there is probable cause to 
     believe that the individual who is subject to the order 
     continues to pose a significant risk of personal injury to 
     the named individual or others by possessing a firearm.
       (E) Higher burden of proof.--A State may establish a burden 
     of proof for initiating a request for or issuing a renewal of 
     a gun violence prevention order that is higher than the 
     burden of proof required under subparagraph (A) or (D).
       (F) Notification.--
       (i) In general.--The court shall notify the Department of 
     Justice and comparable State agency of a renewal of the gun 
     violence prevention order not later than 2 court days after 
     renewing the order. The court shall also notify the 
     Department of Justice and comparable State agency of any 
     order restoring the ability of the individual to own or 
     possess firearms not later than 2 court days after issuing 
     the order to restore the individual's right to own or possess 
     any type of firearm that may be lawfully owned and possessed. 
     Such notice shall be submitted in an electronic format, in a 
     manner prescribed by the Department of Justice and the 
     comparable State agency.
       (ii) Update of databases.--As soon as practicable after 
     receiving a notification under clause (i), the Department of 
     Justice and comparable State agency shall update the 
     background check databases of the Department and agency, 
     respectively, to reflect--

       (I) the prohibitions articulated in the renewal of the gun 
     violence prevention order; or
       (II) an order issued to restore an individual's right to 
     own or possess a firearm.

       (c) Law Enforcement Check of State Firearm Database.--Each 
     law enforcement agency of the State shall establish a 
     procedure that requires a law enforcement officer to, in 
     conjunction with performing a wellness check on an 
     individual, check whether the individual is listed on any of 
     the firearm and ammunition databases of the State or 
     jurisdiction in which the individual resides.
       (d) Confidentiality Protections.--All information provided 
     to the Department of Justice and comparable State agency 
     pursuant to legislation required under subsection (a) shall 
     be kept confidential, separate, and apart from all other 
     records maintained by the Department of Justice and 
     comparable State agency.

     SEC. 604. GUN VIOLENCE INTERVENTION GRANT PROGRAM.

       (a) In General.--The Director of the Office of Community 
     Oriented Policing Services of the Department of Justice may 
     make grants to an eligible State to assist the State in 
     carrying out the provisions of the State legislation 
     described in section 603.
       (b) Eligible State.--A State shall be eligible to receive 
     grants under this section on and after the date on which--
       (1) the State enacts legislation described in section 603; 
     and
       (2) the Attorney General determines that the legislation of 
     the State described in paragraph (1) complies with the 
     requirements of section 603.
       (c) Use of Funds.--Funds awarded under this section may be 
     used by a State to assist law enforcement agencies or the 
     courts of the State in carrying out the provisions of the 
     State legislation described in section 603.
       (d) Application.--An eligible State desiring a grant under 
     this section shall submit to the Director of the Office of 
     Community Oriented Policing Services an application at such 
     time, in such manner, and containing

[[Page 9468]]

     or accompanied by such information, as the Director may 
     reasonably require.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

     SEC. 605. FEDERAL FIREARMS PROHIBITION.

       Section 922 of title 18, United States Code, is amended--
       (1) in subsection (d)--
       (A) in paragraph (8)(B)(ii), by striking ``or'' at the end;
       (B) in paragraph (9), by striking the period at the end and 
     inserting ``; or''; and
       (C) by inserting after paragraph (9) the following:
       ``(10) is subject to a court order that prohibits such 
     person from having under the custody or control of the 
     person, owning, purchasing, possessing, or receiving any 
     firearms.''; and
       (2) in subsection (g)--
       (A) in paragraph (8)(C)(ii), 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 is subject to a court order that prohibits such 
     person from having under the custody or control of the 
     person, owning, purchasing, possessing, or receiving any 
     firearms,''.

     SEC. 606. FULL FAITH AND CREDIT.

       Any gun violence prevention order issued under a State law 
     enacted in accordance with this title shall have the same 
     full faith and credit in every court within the United States 
     as they have by law or usage in the courts of such State from 
     which they are issued.

     SEC. 607. SEVERABILITY.

       If any provision of this title, or an amendment made by 
     this title, or the application of such provision to any 
     person or circumstance, is held to be invalid, the remainder 
     of this title, or an amendment made by this title, or the 
     application of such provision to other persons or 
     circumstances, shall not be affected.
                                 ______
                                 
  SA 4784. 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) In this section, the term ``covered agency''--
       (1) means an agency, as defined in section 551 of title 5, 
     United States Code; and
       (2) does not include--
       (A) the Department of Defense;
       (B) the Department of Justice;
       (C) the Department of Homeland Security;
       (D) the Nuclear Regulatory Commission;
       (E) the United States Capitol Police;
       (F) the Bureau of Diplomatic Security;
       (G) the Central Intelligence Agency;
       (H) a military department (as defined in section 102 of 
     title 5, United States Code); or
       (I) any division of subparagraphs (A) through (H).
       (b) Not later than 180 days after the date of enactment of 
     this Act, the Inspector General of each covered agency, or in 
     the case of a covered agency that does not have an Inspector 
     General, the head of the covered agency, shall submit to 
     Congress a detailed accounting that shall include the 
     following:
       (1) Amounts spent by the covered agency for each of the 
     last 5 fiscal years on guns, ammunition, body armor, 
     military-style equipment, and military-style training for 
     employees of the covered agency.
       (2) Anticipated outlays by the covered agency for the first 
     fiscal year beginning after the date of enactment of this Act 
     on guns, ammunition, body armor, military-style equipment, 
     and military-style training for employees of the covered 
     agency.
       (3) A detailed explanation of the covered agency's need 
     for, and justification for purchasing, the quantity or amount 
     purchased during each of the last 5 fiscal years of each of 
     the following: guns, ammunition, body armor, military-style 
     equipment.
       (4) A detailed explanation of the covered agency's need 
     for, and justification for providing, military-style training 
     for employees of the covered agency, if the covered agency 
     has provided such training to any employee during the last 5 
     fiscal years.
       (5) A list of the positions and the number of employees of 
     the covered agency who have received guns, ammunition, body 
     armor, or military-style equipment as part of their 
     employment.
       (6) A list of the positions and the number of employees of 
     the covered agency who have received training to handle, 
     operate, discharge, or otherwise use guns, ammunition, body 
     armor, or military-style equipment as part of their 
     employment.
       (7) A list of the positions and the number of employees of 
     the covered agency who have received military-style training 
     as part of their employment.
       (8)(A) Whether the covered agency has any specialized units 
     that receive special tactical or military-style training or 
     that use hard-plated armor, shields, or helmets and that 
     respond to high-risk situations that fall outside the 
     capabilities of regular law enforcement officers, including 
     any special weapons and tactics (commonly known as ``SWAT'') 
     teams, tactical response teams, special events teams, special 
     response teams, or active shooter teams.
       (B) The number of units of the covered agency described in 
     subparagraph (A).
       (C) With respect to each unit of the covered agency 
     described in subparagraph (A)--
       (i) the number of employees of the covered agency who 
     participate in, are authorized to participate in, or have 
     received training for the unit;
       (ii) a description of the unit;
       (iii) a description of the training and weapons of the 
     unit;
       (iv) the criteria for activating the unit and how often 
     each unit was activated during each of the last 5 fiscal 
     years;
       (v) a summary of each activation described in clause (iv), 
     including a description of the need for the activation, the 
     number of employees of the covered agency involved in the 
     activation, the location of the activation, and the outcome 
     of the activation;
       (vi) the annual cost of equipping and operating the unit 
     during each of the last 5 fiscal years; and
       (vii) any other information that is relevant to 
     understanding the usefulness and justification for the unit.
       (9) A detailed explanation of the procedures and methods 
     the covered agency follows to safeguard and store guns, 
     ammunition, body armor, and military-style equipment in the 
     possession of the covered agency or in the possession of 
     employees of the covered agency.
       (c) Each accounting submitted under this section shall be--
       (1) in unclassified form, but may include a classified 
     annex; and
       (2) made available upon request by any member of Congress.
                                 ______
                                 
  SA 4785. Mr. TOOMEY (for himself, Mr. Sessions, Mr. Cotton, and Mr. 
Inhofe) submitted an amendment intended to be proposed to amendment SA 
4685 proposed by Mr. Shelby (for himself and Ms. Mikulski) to the bill 
H.R. 2578, making appropriations for the Departments of Commerce and 
Justice, Science, and Related Agencies for the fiscal year ending 
September 30, 2016, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 5, line 13, strike the period at the end and insert 
     the following:
     : Provided, That none of the funds made available under this 
     heading may be obligated or expended for any State, or any 
     political subdivision of a State--
       (1) that has in effect a statute, ordinance, policy, or 
     practice that prohibits or restricts any government entity or 
     official--
       (A) from sending, receiving, maintaining, or exchanging 
     with any Federal, State, or local government entity 
     information regarding the citizenship or immigration status 
     (lawful or unlawful) of any individual other than an 
     individual who comes forward as a victim or a witness to a 
     criminal offense; or
       (B) from complying with a request lawfully made by the 
     Department of Homeland Security under section 236 or 287 of 
     the Immigration and Nationality Act (8 U.S.C. 1226 and 1357) 
     to comply with a detainer for, or notify about the release 
     of, an individual other than an individual who comes forward 
     as a victim or a witness to a criminal offense; or
       (2) whose law enforcement officers and other employees, 
     contractors, and agents are not certified by the Department 
     of Homeland Security (whether under section 287(g) of the 
     Immigration and Nationality Act (8 U.S.C. 1357(g)) or other 
     authority and whether through a memorandum of understanding, 
     regulations, or otherwise) to be acting as agents of the 
     Department of Homeland Security with all the authority 
     available to employees of the Department of Homeland Security 
     when they take actions to comply with a detainer issued by 
     the Department of Homeland Security under section 236 or 287 
     of such Act.
                                 ______
                                 
  SA 4786. Mr. BARRASSO (for himself 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:

       After section 217, insert the following:

     SEC. 2__. TRIBAL VICTIMS OF CRIME.

       (a) Office of Tribal Justice Support and Victims 
     Services.--Section 101(e)(1) of the Indian Tribal Justice Act 
     (25 U.S.C. 3611(e)(1)) is amended, in the first sentence of 
     the matter preceding subparagraph (A), by

[[Page 9469]]

     inserting ``and timely notice regarding technical assistance 
     and training resources and activities of the Office'' before 
     the period at the end.
       (b) Grant Program.--The Indian Tribal Justice Act is 
     amended by inserting after section 104 (25 U.S.C. 3614) the 
     following:

     ``SEC. 105. GRANT PROGRAM FOR TRIBAL CRIME VICTIM SERVICES 
                   AND COMPENSATION.

       ``(a) Definition of Indian Tribe.--In this section, the 
     term `Indian tribe' has the meaning given the term in section 
     4 of the Indian Self-Determination and Education Assistance 
     Act (25 U.S.C. 450b).
       ``(b) Duties.--The Office shall--
       ``(1) administer the grant program described in subsection 
     (c); and
       ``(2) provide planning, research, training, and technical 
     assistance to grant recipients for grants provided under 
     subsection (c).
       ``(c) Grant Program.--On an annual basis, the Office shall 
     make competitive grants to Indian tribes for the purposes of 
     funding services to victims of crime, which may be provided 
     in traditional form or through electronic, digital, or other 
     technological formats, including--
       ``(1) services provided through subgrants to victim 
     services agencies or departments of tribal governments or 
     nonprofit organizations;
       ``(2) domestic violence shelters, rape crisis centers, and 
     child advocacy centers providing services to victims of crime 
     in Indian country or in Alaska Native villages;
       ``(3) medical care, treatment, and related evaluations 
     arising from the victimization, including--
       ``(A) emergency medical care and evaluation, nonemergency 
     medical care and evaluation, psychological and psychiatric 
     care and evaluation, and other forms of medical assistance, 
     treatment, or therapy, regardless of the setting in which the 
     services are delivered;
       ``(B) mental health and crisis counseling, evaluation, and 
     assistance, including outpatient therapy, counseling 
     services, substance abuse treatment, and other forms of 
     specialized treatment, including intervention and prevention 
     services; and
       ``(C) prophylactic treatment to prevent a victim of crime 
     from contracting HIV/AIDS or any other sexually transmitted 
     disease or infection;
       ``(4) medical equipment, such as wheel chairs, prosthetics, 
     crutches, canes, hearing aids, and eyeglasses, the need for 
     which arises directly from the victimization;
       ``(5) legal services, legal assistance services, and legal 
     clinics (including services provided by pro bono legal 
     clinics and practitioners), the need for which arises 
     directly from the victimization;
       ``(6) forensic interviews, medical evaluations, and 
     forensic medical evidence collection examinations for victims 
     of crime, the need for which arises directly from the 
     victimization; and
       ``(7) through the implementation of tribal action plans 
     under section 4206 of the Indian Alcohol and Substance Abuse 
     Prevention and Treatment Act of 1986 (25 U.S.C. 2412).''.
       (c) Funding for Grants for Tribal Victims of Crime and 
     Tribal Action Plans.--Section 1402(d) of the Victims of Crime 
     Act of 1984 (42 U.S.C. 10601(d)) is amended--
       (1) by inserting before paragraph (2) the following:
       ``(1) Beginning on October 1, 2016, and each fiscal year 
     thereafter for a period of 10 fiscal years, 5 percent of the 
     total amount in the Fund available for obligation during a 
     fiscal year shall be made available to the Secretary of the 
     Interior to make grants under section 105 of the Indian 
     Tribal Justice Act.''; and
       (2) in paragraph (3)(A), in the matter preceding clause 
     (i), by striking ``paragraph (2)'' and inserting ``paragraphs 
     (1) and (2)''.
       (d) Regulations Regarding Indian Tribes.--
       (1) Existing regulations.--Any regulation, rule, or 
     guidance promulgated by the Attorney General or the Secretary 
     of the Interior before the date of enactment of this Act 
     shall have no force or effect with respect to section 105 of 
     the Indian Tribal Justice Act, as added by subsection (b).
       (2) Negotiated rulemaking.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of the Interior, in 
     consultation with Indian tribes (as defined in section 4 of 
     the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450b) and through notice and comment rulemaking, 
     shall promulgate final regulations carrying out section 105 
     of the Indian Tribal Justice Act, as added by subsection (b).
       (B) Requirements.--The Secretary of the Interior shall 
     ensure that--
       (i) not fewer than 2 Indian tribes from each Bureau of 
     Indian Affairs region participate in the consultation; and
       (ii) small, medium, and large land-based Indian tribes are 
     represented.
                                 ______
                                 
  SA 4787. Mr. McCONNELL (for Mr. McCain (for himself, Mr. Burr, Mr. 
McConnell, Mr. Cornyn, Mr. Sessions, and Mr. Cotton)) proposed an 
amendment 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; as 
follows:

       At the appropriate place , insert the following:
       Sec. ___.  Section 2709 of title 18, United States Code, is 
     amended by striking subsection (b) and inserting the 
     following:
       ``(b) Required Certification.--
       ``(1) In general.--The Director of the Federal Bureau of 
     Investigation, or his or her designee in a position not lower 
     than Deputy Assistant Director at Bureau headquarters or a 
     Special Agent in Charge in a Bureau field office designated 
     by the Director, may, using a term that specifically 
     identifies a person, entity, telephone number, or account as 
     the basis for a request, request information and records 
     described in paragraph (2) of a person or entity, but not the 
     contents of an electronic communication, if the Director (or 
     his or her designee) certifies in writing to the wire or 
     electronic communication service provider to which the 
     request is made that the information and records sought are 
     relevant to an authorized investigation to protect against 
     international terrorism or clandestine intelligence 
     activities, provided that such an investigation of a United 
     States person is not conducted solely on the basis of 
     activities protected by the first amendment to the 
     Constitution of the United States.
       ``(2) Obtainable types of information and records.--The 
     information and records described in this paragraph are the 
     following:
       ``(A) Name, physical address, e-mail address, telephone 
     number, instrument number, and other similar account 
     identifying information.
       ``(B) Account number, login history, length of service 
     (including start date), types of service, and means and 
     sources of payment for service (including any card or bank 
     account information).
       ``(C) Local and long distance toll billing records.
       ``(D) Internet Protocol (commonly known as `IP') address or 
     other network address, including any temporarily assigned IP 
     or network address, communication addressing, routing, or 
     transmission information, including any network address 
     translation information (but excluding cell tower 
     information), and session times and durations for an 
     electronic communication.''.
       Sec. ___.  Section 6001 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (50 U.S.C. 1801 note) is 
     amended by striking subsection (b).
                                 ______
                                 
  SA 4788. Mr. GRASSLEY 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. ___. PERMANENT AUTHORITY FOR INDIVIDUAL TERRORISTS TO BE 
                   TREATED AS AGENTS OF FOREIGN POWERS UNDER THE 
                   FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

       Section 6001 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (50 U.S.C. 1801 note) is amended by 
     striking subsection (b).
                                 ______
                                 
  SA 4789. Mr. CASEY (for himself, Mr. Murphy, Mr. Blumenthal, Mrs. 
Boxer, Mrs. Gillibrand, Ms. Baldwin, Mrs. Shaheen, Mr. Markey, Mr. 
Wyden, and Ms. Warren) 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. ___. PREVENTION OF PERSON WHO HAS BEEN CONVICTED OF A 
                   MISDEMEANOR HATE CRIME, OR RECEIVED AN ENHANCED 
                   SENTENCE FOR A MISDEMEANOR BECAUSE OF HATE OR 
                   BIAS IN ITS COMMISSION, FROM OBTAINING A 
                   FIREARM.

       (a) Definitions.--Section 921(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(36) The term `convicted in any court of a misdemeanor 
     hate crime'--
       ``(A) means being convicted by a court of an offense that--
       ``(i) is a misdemeanor under Federal, State, or tribal law;
       ``(ii) has, as an element, that the conduct of the offender 
     was motivated by hate or bias because of the actual or 
     perceived race, color, religion, national origin, gender, 
     sexual orientation, gender identity (as defined in section 
     249), or disability of any person; and
       ``(iii) involves the use or attempted use of physical 
     force, the threatened use of a deadly

[[Page 9470]]

     weapon, or other credible threat to the physical safety of 
     any person; and
       ``(B) does not include--
       ``(i) a conviction of an offense described in subparagraph 
     (A), unless--
       ``(I) the person--

       ``(aa) was represented by counsel in the case; or
       ``(bb) knowingly and intelligently waived the right to 
     counsel in the case; and

       ``(II) in the case of a prosecution for an offense 
     described in subparagraph (A) for which a person was entitled 
     to a jury trial in the jurisdiction in which the case was 
     tried--

       ``(aa) the case was tried by a jury; or
       ``(bb) the person knowingly and intelligently waived the 
     right to have the case tried by a jury, by guilty plea or 
     otherwise; or

       ``(ii) a conviction of an offense described in subparagraph 
     (A) if--
       ``(I) the conviction--

       ``(aa) has been expunged or set aside; or
       ``(bb) is an offense for which the person has been pardoned 
     or has had civil rights restored (if the law of the 
     applicable jurisdiction provides for the loss of civil rights 
     under such an offense); and

       ``(II) the pardon, expungement, or restoration of civil 
     rights does not expressly provide that the person may not 
     ship, transport, possess, or receive firearms.
       ``(37) The term `received from any court an enhanced hate 
     crime misdemeanor sentence'--
       ``(A) means a court has imposed a sentence for a 
     misdemeanor under Federal, State, or tribal law--
       ``(i) that involves the use or attempted use of physical 
     force, the threatened use of a deadly weapon, or other 
     credible threat to the physical safety of any person; and
       ``(ii) based, in whole or in part, on a judicial finding 
     that the conduct of the offender was motivated, in whole or 
     in part, by hate or bias for any reason referred to in 
     paragraph (36)(A)(ii); and
       ``(B) does not include--
       ``(i) the imposition of a sentence described in 
     subparagraph (A), unless--
       ``(I) the person--

       ``(aa) was represented by counsel in the case; or
       ``(bb) knowingly and intelligently waived the right to 
     counsel in the case; and

       ``(II) if the sentence described in subparagraph (A) was 
     imposed in a prosecution for an offense for which a person 
     was entitled to a jury trial in the jurisdiction in which the 
     case was tried--

       ``(aa) the case was tried by a jury; or
       ``(bb) the person knowingly and intelligently waived the 
     right to have the case tried by a jury, by guilty plea or 
     otherwise; or

       ``(ii) the imposition of a sentence described in 
     subparagraph (A) if--
       ``(I)(aa) the conviction of the offense for which the 
     sentence was imposed has been expunged or set aside; or
       ``(bb) the offense for which the sentence was imposed is an 
     offense for which the person has been pardoned or has had 
     civil rights restored (if the law of the applicable 
     jurisdiction provides for the loss of civil rights under such 
     an offense); and
       ``(II) the pardon, expungement, or restoration of civil 
     rights does not expressly provide that the person may not 
     ship, transport, possess, or receive firearms.''.
       (b) Prohibition on Sale or Other Disposition of Firearm.--
     Section 922(d) of such title is amended in the first 
     sentence--
       (1) in paragraph (8), by striking ``or'' at the end;
       (2) in paragraph (9), by striking the period and inserting 
     ``; or''; and
       (3) by inserting after paragraph (9) the following:
       ``(10) has been convicted in any court of a misdemeanor 
     hate crime, or has received from any court an enhanced hate 
     crime misdemeanor sentence.''.
       (c) Prohibition on Possession, Shipment, or Transport of 
     Firearm.--Section 922(g) of such title is amended--
       (1) in paragraph (8), by striking ``or'' at the end;
       (2) in paragraph (9), by striking the comma and inserting 
     ``; or''; and
       (3) by inserting after paragraph (9) the following:
       ``(10) who has been convicted in any court of a misdemeanor 
     hate crime, or has received from any court an enhanced hate 
     crime misdemeanor sentence,''.

                                 ______
                                 

  SA 4790. Mr. NELSON (for himself and Mr. Wicker) 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. ___. NASA LEASE OF NON-EXCESS PROPERTY.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) partnerships with public and private sector entities 
     can provide mission-enhancing, programmatic benefits to the 
     National Aeronautics and Space Administration;
       (2) enabling the Administration to continue to enter into 
     leases of underutilized but non-excess property can help 
     reduce operating costs, incrementally improve facility 
     conditions, and improve mission effectiveness; and
       (3) expansion of the authority to accept in-kind 
     consideration for leases of non-excess property will enable 
     the Administration to accept, as consideration for the lease, 
     improvements to the property by the lessee or other services 
     the lessee may offer that would benefit the Administration.
       (b) Lease of Non-excess Property.--
       (1) Repeal of sunset.--Section 20145 of title 51, United 
     States Code, is amended by striking subsection (g).
       (2) In-kind consideration.--Section 20145(b) of title 51, 
     United States Code, is amended--
       (A) in the heading, by striking ``Cash Consideration'' and 
     inserting ``Consideration'';
       (B) by amending paragraph (1) to read as follows:
       ``(1) Fair market value.--
       ``(A) In general.--A person or entity entering into a lease 
     under this section shall provide consideration for the lease 
     at fair market value of the lease interest as determined by 
     the Administrator.
       ``(B) In-kind consideration.--Subject to subsection (e)(3), 
     the Administrator may accept in-kind consideration instead 
     of, or in addition to, any monetary consideration, for any 
     lease entered into under this section.''; and
       (C) in paragraph (2)(B)(ii), by striking ``of nonexcess'' 
     and inserting ``of non-excess''.
       (3) Lease restrictions.--Section 20145 of title 51, United 
     States Code, is amended--
       (A) in subsection (a), by striking ``The Administrator'' 
     and inserting ``Notwithstanding section 1302 of title 40, the 
     Administrator''; and
       (B) in subsection (e)--
       (i) in the heading, by striking ``Lease Restrictions'' and 
     inserting ``Restrictions''; and
       (ii) by adding at the end the following:
       ``(3) In-kind consideration.--The Administrator may accept 
     as in-kind consideration under this section any maintenance, 
     capital revitalization, or improvement of any real property 
     and related personal property under the jurisdiction of the 
     Administrator if, prior to entering into the lease, the 
     Administrator determines--
       ``(A) the current estimated amount of capital expenditures 
     needed for the Administration to maintain and operate the 
     property annually; and
       ``(B) that the proposed maintenance, capital 
     revitalization, or improvement will not increase the 
     estimated amount under subparagraph (A) by more than $500,000 
     annually.''.
       (4) Definition of non-excess real property.--Section 20145 
     of title 51, United States Code, as amended, is further 
     amended by adding at the end the following:
       ``(g) Definition of Non-excess Real Property.--In this 
     section, the term `non-excess real property' means real 
     property that is not excess property (as defined in section 
     102 of title 40).''.
       (c) Rule of Construction.--Nothing in this section, or the 
     amendments made by this section, may be construed as 
     affecting any duties of the National Aeronautics and Space 
     Administration to identify excess property under section 
     524(a) of title 40, United States Code.

                          ____________________