S.Amdt. 4777

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.
(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.

[[Page S4365]]

______

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 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,''.

[[Page S4366]]

______

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;
(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.

[[Page S4367]]

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 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

[[Page S4368]]

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 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,

[[Page S4369]]

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 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.--

[[Page S4370]]

(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 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)

[[Page S4371]]

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.

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