What it changes

1 change to S. 3254 · shown in the bill's text

Adds a section
  1. Adds SEC. 1084. CONDITIONS FOR TREATMENT OF CERTAIN PERSONS AS ADJUDICATED MENTALLY INCOMPETENT FOR CERTAIN PURPOSES at the end of subtitle H of title X

    Adds a section

    In S. 3254 · Placed on Calendar Senate

    (2) to strongly urge the Department of Defense to investigate innovative mechanisms (subject to all appropriate security requirements) to access to the pool of talent of non- United States citizens with advanced scientific and technical degrees from United States institutions of higher education, especially in those scientific and technical areas that are most vital to the national defense (such as those identified by the Assistant Secretary of Defense for Research and Engineering and the Armed Forces).

    Inserted: SEC. 1084. CONDITIONS FOR TREATMENT OF CERTAIN PERSONS AS ADJUDICATED MENTALLY INCOMPETENT FOR CERTAIN PURPOSES.

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

    Inserted: "Sec. 5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes "In any case arising out of the administration by the Secretary of laws and benefits under this title, a person who is mentally incapacitated, deemed mentally incompetent, or experiencing an extended loss of consciousness shall not be considered adjudicated as a mental defective under subsection (d)(4) or (g)(4) of section 922 of title 18 without the order or finding of a judge, magistrate, or other judicial authority of competent jurisdiction that such person is a danger to himself or herself or others.".

    Inserted: (b) Clerical Amendment.--The table of sections at the beginning of chapter 55 of such title is amended by adding at the end the following new item:

    Inserted: "5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes.".

    Inserted: (c) Applicability.--Section 5511 of title 38, United States Code (as added by this section), shall apply only with respect to persons who are determined by the Secretary of Veterans Affairs to be mentally incapacitated, are deemed by the Secretary to be mentally incompetent, or are determined by the Secretary to be experiencing an extended loss of consciousness on or after the date of the enactment of this Act.

    Original wording

    At the end of subtitle H of title X, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 3254. Mr. COBURN submitted an amendment intended to be proposed by him to the bill S. 3254, to authorize appropriations for fiscal year 2013 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle H of title X, add the following:

SEC. 1084. CONDITIONS FOR TREATMENT OF CERTAIN PERSONS AS ADJUDICATED MENTALLY INCOMPETENT FOR CERTAIN PURPOSES.

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

“Sec. 5511. Conditions for treatment of certain persons as

adjudicated mentally incompetent for certain purposes

“In any case arising out of the administration by the Secretary of laws and benefits under this title, a person who is mentally incapacitated, deemed mentally incompetent, or experiencing an extended loss of consciousness shall not be considered adjudicated as a mental defective under subsection (d)(4) or (g)(4) of section 922 of title 18 without the order or finding of a judge, magistrate, or other judicial authority of competent jurisdiction that such person is a danger to himself or herself or others.”.

(b) Clerical Amendment.--The table of sections at the beginning of chapter 55 of such title is amended by adding at the end the following new item:

“5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes.”.

(c) Applicability.--Section 5511 of title 38, United States Code (as added by this section), shall apply only with respect to persons who are determined by the Secretary of Veterans Affairs to be mentally incapacitated, are deemed by the Secretary to be mentally incompetent, or are determined by the Secretary to be experiencing an extended loss of consciousness on or after the date of the enactment of this Act.

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Senate amendment submitted

November 29, 2012