II 

114TH CONGRESS 

1ST SESSION S. 1738 

To protect individuals by strengthening the Nation’s mental health infrastructure, improving the understanding of violence, strengthening firearm 

prohibitions and protections for at-risk individuals, and improving and 

expanding the reporting of mental health records to the National Instant 

Criminal Background Check System. 

IN THE SENATE OF THE UNITED STATES 

JULY 9, 2015 

Mr. BLUMENTHAL introduced the following bill; which was read twice and 

referred to the Committee on the Judiciary 

A BILL 

To protect individuals by strengthening the Nation’s mental 

health infrastructure, improving the understanding of violence, strengthening firearm prohibitions and protections for at-risk individuals, and improving and expanding the reporting of mental health records to the National Instant Criminal Background Check System. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Safer Communities 

5 Act of 2015’’. 


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1 SEC. 2. TABLE OF CONTENTS. 

2 The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Statement of purpose. 

TITLE I—STRENGTHENING AND IMPROVING INTERVENTION 

EFFORTS 

Sec. 101. Mental health crisis assessment, prevention, and education grant program. 

Sec. 102. School-based mental health programs. 

Sec. 103. Justice and mental health collaboration. 

TITLE II—IMPROVING RESEARCH ON VIOLENCE 

Sec. 201. Research with respect to violence. 

TITLE III—UNDERSTANDING THE EPIDEMIC OF GUN VIOLENCE 

Sec. 301. National violent death reporting system. 

Sec. 302. Reaffirming Centers for Disease Control’s authority. 

Sec. 303. Protecting confidential doctor-patient relationship. 

TITLE IV—ENSURING SAFE COMMUNITIES 

Sec. 401. Ban on firearm possession by person committed involuntarily to mental institution on an outpatient basis. 

Sec. 402. Grant program regarding firearms. 

Sec. 403. Notification of State and local law enforcement authorities of attempt 

to purchase firearm by ineligible person. 

TITLE V—RESTORATION 

Sec. 501. Federal agency relief program. 

Sec. 502. State relief programs. 

Sec. 503. Ineligibility due to disqualifying mental status. 

TITLE VI—SUBMISSION OF RECORDS TO NATIONAL INSTANT 

CRIMINAL BACKGROUND CHECK SYSTEM 

Sec. 601. Reports relating to submission of information to NICS. 

Sec. 602. Reauthorization of the National Criminal History Records Improvement Program. 

Sec. 603. Improvement of metrics and incentives. 

Sec. 604. Grants to States to improve coordination and automation of NICS 

record reporting. 

Sec. 605. Sharing of records by Federal departments and agencies with NICS. 

3 SEC. 3. STATEMENT OF PURPOSE. 

4 The purpose of this Act is to ensure the public safety 

5 and welfare of communities by promoting evidence-based 


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1 approaches that will prevent the tragic toll of gun violence 

2 on families and communities. This purpose can be accom3 plished by— 

4 (1) strengthening and improving intervention 

5 efforts by increasing investments in programs de6 signed to appropriately identify, respond to, treat, 

7 and mitigate future behavioral health crises; 

8 (2) prioritizing research on reducing the threat 

9 of gun violence to self or others and identifying fur10 ther risk factors for violence, including gender, cul11 ture, substance abuse, and history of violence; and 

12 (3) restricting gun access by individuals found 

13 to be at an elevated risk of committing future acts 

14 of violence against self or others. 

15 TITLE I—STRENGTHENING AND 

16 IMPROVING INTERVENTION 

17 EFFORTS 

18 SEC. 101. MENTAL HEALTH CRISIS ASSESSMENT, PREVEN19 TION, AND EDUCATION GRANT PROGRAM. 

20 (a) DEFINITIONS.—For purposes of this section, the 

21 following definitions shall apply: 

22 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti23 ty’’ means a State, political subdivision of a State, 

24 or nonprofit private entity. 


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1 (2) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Health and Human Services. 

3 (3) STATE.—The term ‘‘State’’ means each 

4 State of the United States, the District of Columbia, 

5 each commonwealth, territory or possession of the 

6 United States, and each federally recognized Indian 

7 tribe. 

8 (b) ESTABLISHMENT OF GRANT PROGRAM.— 

9 (1) ESTABLISHMENT.—The Secretary shall es10 tablish a program to award grants to eligible entities 

11 to carry out the activities described in paragraph 

12 (2). 

13 (2) USE OF FUNDS.— 

14 (A) IN GENERAL.—Grants under this sec15 tion may be used to carry out programs that— 

16 (i) expand early intervention and 

17 treatment services to improve access to 

18 mental health crisis assistance and address 

19 unmet mental health care needs; 

20 (ii) expand the continuum of services 

21 to address crisis intervention and crisis 

22 stabilization; 

23 (iii) reduce recidivism due to mental 

24 health crises and mitigate unnecessary ex25 penditures by local law enforcement; and 


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1 (iv) reduce unnecessary hospitaliza2 tions by appropriately utilizing community3 based services and improving access to 

4 timely mental health crisis assistance. 

5 (B) AUTHORIZED ACTIVITIES.—The pro6 grams described in subparagraph (A) may in7 clude any or all of the following activities: 

8 (i) Mental health crisis intervention 

9 and response training for law enforcement 

10 (to increase officers’ understanding and 

11 recognition of mental illnesses). 

12 (ii) Mobile support that provides field13 based behavioral health assistance to law 

14 enforcement and members of the commu15 nity and links individuals in crisis to ap16 propriate services. 

17 (iii) School and community-based 

18 early intervention and prevention programs 

19 that provide mobile response, screening 

20 and assessment, training and education, 

21 and peer-based and family services. 

22 (3) APPLICATION.—To be considered for a 

23 grant under this section, an eligible entity shall sub24 mit an application to the Secretary at such time, in 

25 such manner, and containing such information as 


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1 the Secretary may require. At minimum, such appli2 cation shall include a description of— 

3 (A) the activities to be funded with the 

4 grant; 

5 (B) community needs; 

6 (C) the population to be served; and 

7 (D) the interaction between the activities 

8 described in subparagraph (A) and public sys9 tems of health and mental health care, law en10 forcement, social services, and related assist11 ance programs. 

12 (4) SELECTING AMONG APPLICANTS.— 

13 (A) IN GENERAL.—Grants shall be award14 ed to eligible entities on a competitive basis. 

15 (B) SELECTION CRITERIA.—The Secretary 

16 shall evaluate applicants based on such criteria 

17 as the Secretary determines to be appropriate, 

18 including the ability of an applicant to carry 

19 out the activities described in paragraph (2). 

20 (5) REPORTS.— 

21 (A) ANNUAL REPORTS.— 

22 (i) ELIGIBLE ENTITIES.—As a condi23 tion of receiving a grant under this section, 

24 an eligible entity shall agree to submit a 

25 report to the Secretary, on an annual 


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1 basis, describing the activities carried out 

2 with the grant and assessing the effective3 ness of such activities. 

4 (ii) SECRETARY.—The Secretary 

5 shall, on an annual basis, and using the re6 ports received under clause (i), report to 

7 Congress on the overall impact and effec8 tiveness of the grant program under this 

9 section. 

10 (B) FINAL REPORT.—Not later than Janu11 ary 15, 2019, the Secretary shall submit to 

12 Congress a final report that includes rec13 ommendations with respect to the feasibility 

14 and advisability of extending or expanding the 

15 grant program. 

16 (6) COLLECTION OF DATA.— 

17 (A) IN GENERAL.—The Secretary shall col18 lect data on the grant program to determine its 

19 effectiveness in reducing the social impact of 

20 mental health crises and the feasibility and ad21 visability of extending the grant program. 

22 (B) MANNER OF COLLECTION.—Data de23 scribed in subparagraph (A) shall be collected 

24 and analyzed using a scientific peer-reviewed 


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1 system and valid and reliable results-based re2 search methodologies. 

3 (c) FUNDING.— 

4 (1) GRANT AMOUNT.—A grant under this sec5 tion shall be in an amount that is not more than 

6 $100,000 for each of fiscal years 2016 through 

7 2020. Subject to the preceding sentence, the Sec8 retary shall determine the amount of each grant. 

9 (2) AUTHORIZATION OF APPROPRIATIONS.— 

10 There is authorized to be appropriated to carry out 

11 this section $10,000,000 for each of fiscal years 

12 2016 through 2020. 

13 SEC. 102. SCHOOL-BASED MENTAL HEALTH PROGRAMS. 

14 (a) TECHNICAL AMENDMENTS.—The second part G 

15 (relating to services provided through religious organiza16 tions) of title V of the Public Health Service Act (42 

17 U.S.C. 290kk et seq.) is amended— 

18 (1) by redesignating such part as part J; and 

19 (2) by redesignating sections 581 through 584 

20 as sections 596 through 596C, respectively. 

21 (b) SCHOOL-BASED MENTAL HEALTH AND CHIL22 DREN AND VIOLENCE.—Section 581 of the Public Health 

23 Service Act (42 U.S.C. 290hh) is amended to read as fol24 lows: 


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1 ‘‘SEC. 581. SCHOOL-BASED MENTAL HEALTH AND CHIL2 DREN AND VIOLENCE. 

3 ‘‘(a) IN GENERAL.—The Secretary, in collaboration 

4 with the Secretary of Education and in consultation with 

5 the Attorney General, shall, directly or through grants, 

6 contracts, or cooperative agreements awarded to public en7 tities and local educational agencies, assist local commu8 nities and schools in applying a public health approach 

9 to mental health services both in schools and in the com10 munity. Such approach should provide comprehensive age11 appropriate services and supports, be linguistically and 

12 culturally appropriate, be trauma-informed, and incor13 porate age-appropriate strategies of positive behavioral 

14 interventions and supports. A comprehensive school men15 tal health program funded under this section shall assist 

16 children in dealing with trauma and violence. 

17 ‘‘(b) ACTIVITIES.—Under the program under sub18 section (a), the Secretary may— 

19 ‘‘(1) provide financial support to enable local 

20 communities to implement a comprehensive cul21 turally and linguistically appropriate, trauma-in22 formed, and age-appropriate, school mental health 

23 program that incorporates positive behavioral inter24 ventions, client treatment, and supports to foster the 

25 health and development of children; 


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1 ‘‘(2) provide technical assistance to local com2 munities with respect to the development of pro3 grams described in paragraph (1); 

4 ‘‘(3) provide assistance to local communities in 

5 the development of policies to address child and ado6 lescent trauma and mental health issues and violence 

7 when and if it occurs; 

8 ‘‘(4) facilitate community partnerships among 

9 families, students, law enforcement agencies, edu10 cation systems, mental health and substance use dis11 order service systems, family-based mental health 

12 service systems, welfare agencies, health care service 

13 systems (including physicians), faith-based pro14 grams, trauma networks, and other community15 based systems; and 

16 ‘‘(5) establish mechanisms for children and ado17 lescents to report incidents of violence or plans by 

18 other children, adolescents, or adults to commit vio19 lence. 

20 ‘‘(c) REQUIREMENTS.— 

21 ‘‘(1) IN GENERAL.—To be eligible for a grant, 

22 contract, or cooperative agreement under subsection 

23 (a), an entity shall— 

24 ‘‘(A) be a partnership between a local edu25 cational agency and at least one community 


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1 program or agency that is involved in mental 

2 health; and 

3 ‘‘(B) submit an application, that is en4 dorsed by all members of the partnership, that 

5 contains the assurances described in paragraph 

6 (2). 

7 ‘‘(2) REQUIRED ASSURANCES.—An application 

8 under paragraph (1) shall contain assurances as fol9 lows: 

10 ‘‘(A) That the applicant will ensure that, 

11 in carrying out activities under this section, the 

12 local educational agency involved will enter into 

13 a memorandum of understanding— 

14 ‘‘(i) with at least one public or private 

15 mental health entity, health care entity, 

16 law enforcement or juvenile justice entity, 

17 child welfare agency, family-based mental 

18 health entity, family or family organiza19 tion, trauma network, or other community20 based entity; and 

21 ‘‘(ii) that clearly states— 

22 ‘‘(I) how school-employed mental 

23 health professionals (such as school 

24 psychologists, school counselors, and 

25 school social workers) will be utilized 


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1 in the comprehensive school mental 

2 health program; 

3 ‘‘(II) the responsibilities of each 

4 partner with respect to the activities 

5 to be carried out; 

6 ‘‘(III) how each such partner will 

7 be accountable for carrying out such 

8 responsibilities; and 

9 ‘‘(IV) the amount of non-Federal 

10 funding or in-kind contributions that 

11 each such partner will contribute in 

12 order to sustain the program. 

13 ‘‘(B) That the comprehensive school-based 

14 mental health program carried out under this 

15 section supports the flexible use of funds to ad16 dress— 

17 ‘‘(i) the promotion of the social, emo18 tional, mental, and behavioral health and 

19 wellness of all students in an environment 

20 that is conducive to learning; 

21 ‘‘(ii) the reduction in the likelihood of 

22 at risk students developing social, emo23 tional, mental, and behavioral health prob24 lems, or substance use disorders; 


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1 ‘‘(iii) the early identification of social, 

2 emotional, mental, and behavioral prob3 lems, or substance use disorders and the 

4 provision of early intervention services; 

5 ‘‘(iv) the treatment or referral for 

6 treatment of students with existing social, 

7 emotional, mental, and behavioral health 

8 problems, or substance use disorders; and 

9 ‘‘(v) the development and implementa10 tion of programs to assist children in deal11 ing with trauma and violence. 

12 ‘‘(C) That the comprehensive school-based 

13 mental health program carried out under this 

14 section will provide for in-service training of all 

15 school personnel, including ancillary staff and 

16 volunteers, in— 

17 ‘‘(i) the techniques and supports need18 ed to identify early children with trauma 

19 histories and children with, or at risk of, 

20 mental illness; 

21 ‘‘(ii) the use of referral mechanisms 

22 that effectively link such children to appro23 priate treatment and intervention services 

24 in the school and in the community and to 

25 follow-up when services are not available; 


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1 ‘‘(iii) strategies that promote the so2 cial, emotional, mental, and behavioral 

3 health and wellness of all students; 

4 ‘‘(iv) strategies for promoting the so5 cial, emotional, mental, and behavioral 

6 health of all students; and 

7 ‘‘(v) strategies to increase the knowl8 edge and skills of school and community 

9 leaders about the impact of trauma and vi10 olence and on the application of a public 

11 health approach to comprehensive school12 based mental health programs. 

13 ‘‘(D) That the comprehensive school-based 

14 mental health program carried out under this 

15 section will include comprehensive training for 

16 parents, siblings, and other family members of 

17 children with mental health disorders, and for 

18 concerned members of the community in— 

19 ‘‘(i) the techniques and supports need20 ed to identify early children with trauma 

21 histories, and children with, or at risk of, 

22 mental illness; 

23 ‘‘(ii) the use of referral mechanisms 

24 that effectively link such children to appro25 priate treatment and intervention services 


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1 in the school and in the community and 

2 follow-up when such services are not avail3 able; and 

4 ‘‘(iii) strategies that promote a school5 wide positive environment. 

6 ‘‘(E) That the comprehensive school-based 

7 mental health program carried out under this 

8 section will demonstrate the measures to be 

9 taken to sustain the program after funding 

10 under this section terminates. 

11 ‘‘(F) That the local educational agency 

12 partnership involved is supported by the State 

13 educational and mental health system to ensure 

14 that the sustainability of the programs is estab15 lished after funding under this section termi16 nates. 

17 ‘‘(G) That the comprehensive school-based 

18 mental health program carried out under this 

19 section will be based on trauma-informed and 

20 evidence-based practices. 

21 ‘‘(H) That the comprehensive school-based 

22 mental health program carried out under this 

23 section will be coordinated with early inter24 vening activities carried out under the Individ25 uals with Disabilities Education Act. 


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1 ‘‘(I) That the comprehensive school-based 

2 mental health program carried out under this 

3 section will be trauma-informed and culturally 

4 and linguistically appropriate. 

5 ‘‘(J) That the comprehensive school-based 

6 mental health program carried out under this 

7 section will include a broad needs assessment of 

8 youth who drop out of school due to policies of 

9 ‘zero tolerance’ with respect to drugs, alcohol, 

10 or weapons and an inability to obtain appro11 priate services. 

12 ‘‘(K) That the mental health services pro13 vided through the comprehensive school-based 

14 mental health program carried out under this 

15 section will be provided by qualified mental and 

16 behavioral health professionals who are certified 

17 or licensed by the State involved and practicing 

18 within their area of expertise. 

19 ‘‘(3) COORDINATOR.—Any entity that is a 

20 member of a partnership described in paragraph 

21 (1)(A) may serve as the coordinator of funding and 

22 activities under the grant if all members of the part23 nership agree. 

24 ‘‘(4) COMPLIANCE WITH HIPAA.—A grantee 

25 under this section shall be deemed to be a covered 


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1 entity for purposes of compliance with the regula2 tions promulgated under section 264(c) of the 

3 Health Insurance Portability and Accountability Act 

4 of 1996 with respect to any patient records devel5 oped through activities under the grant. 

6 ‘‘(d) GEOGRAPHICAL DISTRIBUTION.—The Secretary 

7 shall ensure that grants, contracts, or cooperative agree8 ments under subsection (a) will be distributed equitably 

9 among the regions of the country and among urban and 

10 rural areas. 

11 ‘‘(e) DURATION OF AWARDS.—With respect to a 

12 grant, contract, or cooperative agreement under sub13 section (a), the period during which payments under such 

14 an award will be made to the recipient shall be 6 years. 

15 An entity may receive only one award under this section, 

16 except that an entity that is providing services and sup17 ports on a regional basis may receive additional funding 

18 after the expiration of the preceding grant period. 

19 ‘‘(f) EVALUATION AND MEASURES OF OUTCOMES.— 

20 ‘‘(1) DEVELOPMENT OF PROCESS.—The Ad21 ministrator shall develop a fiscally appropriate proc22 ess for evaluating activities carried out under this 

23 section. Such process shall include— 


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1 ‘‘(A) the development of guidelines for the 

2 submission of program data by grant, contract, 

3 or cooperative agreement recipients; 

4 ‘‘(B) the development of measures of out5 comes (in accordance with paragraph (2)) to be 

6 applied by such recipients in evaluating pro7 grams carried out under this section; and 

8 ‘‘(C) the submission of annual reports by 

9 such recipients concerning the effectiveness of 

10 programs carried out under this section. 

11 ‘‘(2) MEASURES OF OUTCOMES.— 

12 ‘‘(A) IN GENERAL.—The Administrator 

13 shall develop measures of outcomes to be ap14 plied by recipients of assistance under this sec15 tion, and the Administrator, in evaluating the 

16 effectiveness of programs carried out under this 

17 section. Such measures shall include student 

18 and family measures as provided for in sub19 paragraph (B) and local educational measures 

20 as provided for under subparagraph (C). 

21 ‘‘(B) STUDENT AND FAMILY MEASURES OF

22 OUTCOMES.—The measures of outcomes devel23 oped under paragraph (1)(B) relating to stu24 dents and families shall, with respect to activi25 ties carried out under a program under this 


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1 section, at a minimum include provisions to 

2 evaluate whether the program is effective in— 

3 ‘‘(i) improving social, emotional, men4 tal, and behavioral health and wellness; 

5 ‘‘(ii) increasing academic competency 

6 (as defined by Secretary); 

7 ‘‘(iii) reducing disruptive and aggres8 sive behaviors; 

9 ‘‘(iv) improving child functioning; 

10 ‘‘(v) reducing substance use disorders; 

11 ‘‘(vi) reducing suspensions, truancy, 

12 expulsions and violence; 

13 ‘‘(vii) increasing graduation rates (as 

14 defined in section 1111(b)(2)(C)(vi) of the 

15 Elementary and Secondary Education Act 

16 of 1965); and 

17 ‘‘(viii) improving access to care for 

18 mental health disorders. 

19 ‘‘(C) LOCAL EDUCATIONAL OUTCOMES.— 

20 The outcome measures developed under para21 graph (1)(B) relating to local educational sys22 tems shall, with respect to activities carried out 

23 under a program under this section, at a min24 imum include provisions to evaluate— 


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1 ‘‘(i) the effectiveness of comprehensive 

2 school mental health programs established 

3 under this section; 

4 ‘‘(ii) the effectiveness of formal part5 nership linkages among child and family 

6 serving institutions, community support 

7 systems, and the educational system; 

8 ‘‘(iii) the progress made in sustaining 

9 the program once funding under the grant 

10 has expired; 

11 ‘‘(iv) the effectiveness of training and 

12 professional development programs for all 

13 school personnel that incorporate indica14 tors that measure cultural and linguistic 

15 competencies under the program in a man16 ner that incorporates appropriate cultural 

17 and linguistic training; 

18 ‘‘(v) the improvement in perception of 

19 a safe and supportive learning environment 

20 among school staff, students, and parents; 

21 ‘‘(vi) the improvement in case-finding 

22 of students in need of more intensive serv23 ices and referral of identified students to 

24 early intervention and clinical services; 


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1 ‘‘(vii) the improvement in the imme2 diate availability of clinical assessment and 

3 treatment services within the context of 

4 the local community to students posing a 

5 danger to themselves or others; 

6 ‘‘(viii) the increased successful matric7 ulation to postsecondary school; and 

8 ‘‘(ix) reduced referrals to juvenile jus9 tice. 

10 ‘‘(3) SUBMISSION OF ANNUAL DATA.—An entity 

11 that receives a grant, contract, or cooperative agree12 ment under this section shall annually submit to the 

13 Administrator a report that includes data to evalu14 ate the success of the program carried out by the en15 tity based on whether such program is achieving the 

16 purposes of the program. Such reports shall utilize 

17 the measures of outcomes under paragraph (2) in a 

18 reasonable manner to demonstrate the progress of 

19 the program in achieving such purposes. 

20 ‘‘(4) EVALUATION BY ADMINISTRATOR.—Based 

21 on the data submitted under paragraph (3), the Ad22 ministrator shall annually submit to Congress a re23 port concerning the results and effectiveness of the 

24 programs carried out with assistance received under 

25 this section. 


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1 ‘‘(5) LIMITATION.—A grantee shall use not to 

2 exceed 10 percent of amounts received under a grant 

3 under this section to carry out evaluation activities 

4 under this subsection. 

5 ‘‘(g) INFORMATION AND EDUCATION.—The Sec6 retary shall establish comprehensive information and edu7 cation programs to disseminate the findings of the knowl8 edge development and application under this section to the 

9 general public and to health care professionals. 

10 ‘‘(h) AMOUNT OF GRANTS AND AUTHORIZATION OF

11 APPROPRIATIONS.— 

12 ‘‘(1) AMOUNT OF GRANTS.—A grant under this 

13 section shall be in an amount that is not more than 

14 $1,000,000 for each of grant years 2016 through 

15 2020. The Secretary shall determine the amount of 

16 each such grant based on the population of children 

17 up to age 21 of the area to be served under the 

18 grant. 

19 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

20 There is authorized to be appropriated to carry out 

21 this section, $200,000,000 for each of fiscal years 

22 2016 through 2020.’’. 

23 (c) CONFORMING AMENDMENT.—Part G of title V of 

24 the Public Health Service Act (42 U.S.C. 290hh et seq.), 


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1 as amended by this section, is further amended by striking 

2 the part heading and inserting the following: 

3 ‘‘PART G—SCHOOL-BASED MENTAL HEALTH’’. 

4 SEC. 103. JUSTICE AND MENTAL HEALTH COLLABORATION. 

5 (a) ASSISTING VETERANS.— 

6 (1) REDESIGNATION.—Section 2991 of title I of 

7 the Omnibus Crime Control and Safe Streets Act of 

8 1968 (42 U.S.C. 3797aa) is amended by redesig9 nating subsection (i) as subsection (l). 

10 (2) ASSISTING VETERANS.—Section 2991 of 

11 title I of the Omnibus Crime Control and Safe 

12 Streets Act of 1968 (42 U.S.C. 3797aa) is amended 

13 by inserting after subsection (h) the following: 

14 ‘‘(i) ASSISTING VETERANS.— 

15 ‘‘(1) DEFINITIONS.—In this subsection: 

16 ‘‘(A) PEER TO PEER SERVICES OR PRO17 GRAMS.—The term ‘peer to peer services or 

18 programs’ means services or programs that con19 nect qualified veterans with other veterans for 

20 the purpose of providing support and 

21 mentorship to assist qualified veterans in ob22 taining treatment, recovery, stabilization, or re23 habilitation. 


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1 ‘‘(B) QUALIFIED VETERAN.—The term 

2 ‘qualified veteran’ means a preliminarily quali3 fied offender who— 

4 ‘‘(i) has served on active duty in any 

5 branch of the Armed Forces, including the 

6 National Guard and reserve components; 

7 and 

8 ‘‘(ii) was discharged or released from 

9 such service under conditions other than 

10 dishonorable. 

11 ‘‘(C) VETERANS TREATMENT COURT PRO12 GRAM.—The term ‘veterans treatment court 

13 program’ means a court program involving col14 laboration among criminal justice, veterans, and 

15 mental health and substance abuse agencies 

16 that provides qualified veterans with— 

17 ‘‘(i) intensive judicial supervision and 

18 case management, which may include ran19 dom and frequent drug testing where ap20 propriate; 

21 ‘‘(ii) a full continuum of treatment 

22 services, including mental health services, 

23 substance abuse services, medical services, 

24 and services to address trauma; 

25 ‘‘(iii) alternatives to incarceration; or 


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1 ‘‘(iv) other appropriate services, which 

2 may include housing, transportation, men3 toring, employment, job training, edu4 cation, and assistance in applying for and 

5 obtaining available benefits. 

6 ‘‘(2) VETERANS ASSISTANCE PROGRAM.— 

7 ‘‘(A) IN GENERAL.—The Attorney General, 

8 in consultation with the Secretary of Veterans 

9 Affairs, may award grants under this sub10 section to applicants to establish or expand— 

11 ‘‘(i) veterans treatment court pro12 grams; 

13 ‘‘(ii) peer to peer services or programs 

14 for qualified veterans; 

15 ‘‘(iii) practices that identify and pro16 vide treatment, rehabilitation, legal, transi17 tional, and other appropriate services to 

18 qualified veterans who have been incarcer19 ated; and 

20 ‘‘(iv) training programs to teach 

21 criminal justice, law enforcement, correc22 tions, mental health, and substance abuse 

23 personnel how to identify and appro24 priately respond to incidents involving 

25 qualified veterans. 


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1 ‘‘(B) PRIORITY.—In awarding grants 

2 under this subsection, the Attorney General 

3 shall give priority to applications that— 

4 ‘‘(i) demonstrate collaboration be5 tween and joint investments by criminal 

6 justice, mental health, substance abuse, 

7 and veterans service agencies; 

8 ‘‘(ii) promote effective strategies to 

9 identify and reduce the risk of harm to 

10 qualified veterans and public safety; and 

11 ‘‘(iii) propose interventions with em12 pirical support to improve outcomes for 

13 qualified veterans.’’. 

14 (b) CORRECTIONAL FACILITIES.—Section 2991 of 

15 title I of the Omnibus Crime Control and Safe Streets Act 

16 of 1968 (42 U.S.C. 3797aa) is amended by inserting after 

17 subsection (i), as so added by subsection (a), the following: 

18 ‘‘(j) CORRECTIONAL FACILITIES.— 

19 ‘‘(1) DEFINITIONS.— 

20 ‘‘(A) CORRECTIONAL FACILITY.—The term 

21 ‘correctional facility’ means a jail, prison, or 

22 other detention facility used to house people 

23 who have been arrested, detained, held, or con24 victed by a criminal justice agency or a court. 


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1 ‘‘(B) ELIGIBLE INMATE.—The term ‘eligi2 ble inmate’ means an individual who— 

3 ‘‘(i) is being held, detained, or incar4 cerated in a correctional facility; and 

5 ‘‘(ii) manifests obvious signs of a 

6 mental illness or has been diagnosed by a 

7 qualified mental health professional as hav8 ing a mental illness. 

9 ‘‘(2) CORRECTIONAL FACILITY GRANTS.—The 

10 Attorney General may award grants to applicants to 

11 enhance the capabilities of a correctional facility— 

12 ‘‘(A) to identify and screen for eligible in13 mates; 

14 ‘‘(B) to plan and provide— 

15 ‘‘(i) initial and periodic assessments of 

16 the clinical, medical, and social needs of in17 mates; and 

18 ‘‘(ii) appropriate treatment and serv19 ices that address the mental health and 

20 substance abuse needs of inmates; 

21 ‘‘(C) to develop, implement, and enhance— 

22 ‘‘(i) post-release transition plans for 

23 eligible inmates that, in a comprehensive 

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1 ical, employment, and other appropriate 

2 services and public benefits; 

3 ‘‘(ii) the availability of mental health 

4 care services and substance abuse treat5 ment services; and 

6 ‘‘(iii) alternatives to solitary confine7 ment and segregated housing and mental 

8 health screening and treatment for inmates 

9 placed in solitary confinement or seg10 regated housing; and 

11 ‘‘(D) to train each employee of the correc12 tional facility to identify and appropriately re13 spond to incidents involving inmates with men14 tal health or co-occurring mental health and 

15 substance abuse disorders.’’. 

16 (c) HIGH UTILIZERS.—Section 2991 of title I of the 

17 Omnibus Crime Control and Safe Streets Act of 1968 (42 

18 U.S.C. 3797aa) is amended by inserting after subsection 

19 (j), as added by subsection (b), the following: 

20 ‘‘(k) DEMONSTRATION GRANTS RESPONDING TO

21 HIGH UTILIZERS.— 

22 ‘‘(1) DEFINITION.—In this subsection, the term 

23 ‘high utilizer’ means an individual who— 

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1 tal health professional as having a mental ill2 ness; and 

3 ‘‘(B) consumes a significantly dispropor4 tionate quantity of public resources, such as 

5 emergency, housing, judicial, corrections, and 

6 law enforcement services. 

7 ‘‘(2) DEMONSTRATION GRANTS RESPONDING TO

8 HIGH UTILIZERS.— 

9 ‘‘(A) IN GENERAL.—The Attorney General 

10 may award not more than 6 grants per year 

11 under this subsection to applicants for the pur12 pose of reducing the use of public services by 

13 high utilizers. 

14 ‘‘(B) USE OF GRANTS.—A recipient of a 

15 grant awarded under this subsection may use 

16 the grant— 

17 ‘‘(i) to develop or support multidisci18 plinary teams that coordinate, implement, 

19 and administer community-based crisis re20 sponses and long-term plans for high uti21 lizers; 

22 ‘‘(ii) to provide training on how to re23 spond appropriately to the unique issues 

24 involving high utilizers for public service 

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1 tal health, substance abuse, emergency 

2 room, healthcare, law enforcement, correc3 tions, and housing personnel; 

4 ‘‘(iii) to develop or support alter5 natives to hospital and jail admissions for 

6 high utilizers that provide treatment, sta7 bilization, and other appropriate supports 

8 in the least restrictive, yet appropriate, en9 vironment; or 

10 ‘‘(iv) to develop protocols and systems 

11 among law enforcement, mental health, 

12 substance abuse, housing, corrections, and 

13 emergency medical service operations to 

14 provide coordinated assistance to high uti15 lizers. 

16 ‘‘(C) REPORT.—Not later than the last 

17 day of the first year following the fiscal year in 

18 which a grant is awarded under this subsection, 

19 the recipient of the grant shall submit to the 

20 Attorney General a report that— 

21 ‘‘(i) measures the performance of the 

22 grant recipient in reducing the use of pub23 lic services by high utilizers; and 

24 ‘‘(ii) provides a model set of practices, 

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1 tions can adopt to reduce the use of public 

2 services by high utilizers.’’. 

3 (d) ACADEMY TRAINING.—Section 2991(h) of title I 

4 of the Omnibus Crime Control and Safe Streets Act of 

5 1968 (42 U.S.C. 3797aa(h)) is amended— 

6 (1) in paragraph (1), by adding at the end the 

7 following: 

8 ‘‘(F) ACADEMY TRAINING.—To provide 

9 support for academy curricula, law enforcement 

10 officer orientation programs, continuing edu11 cation training, and other programs that teach 

12 law enforcement personnel how to identify and 

13 respond to incidents involving individuals with 

14 mental illness or co-occurring mental illness and 

15 substance abuse disorders.’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(4) PRIORITY CONSIDERATION.—The Attorney 

18 General, in awarding grants under this subsection, 

19 shall give priority to programs that law enforcement 

20 personnel and members of the mental health and 

21 substance abuse professions develop and administer 

22 cooperatively.’’. 

23 (e) EVIDENCE-BASED PRACTICES.—Section 2991(c) 

24 of title I of the Omnibus Crime Control and Safe Streets 

25 Act of 1968 (42 U.S.C. 3797aa(c)) is amended— 


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1 (1) in paragraph (3), by striking ‘‘or’’ at the 

2 end; 

3 (2) by redesignating paragraph (4) as para4 graph (6); and 

5 (3) by inserting after paragraph (3), the fol6 lowing: 

7 ‘‘(4) propose interventions that have been 

8 shown by empirical evidence to reduce recidivism; 

9 ‘‘(5) when appropriate, use validated assess10 ment tools to target preliminarily qualified offenders 

11 with a moderate or high risk of recidivism and a 

12 need for treatment and services; or’’. 

13 (f) SAFE COMMUNITIES.— 

14 (1) IN GENERAL.—Section 2991(a) of title I of 

15 the Omnibus Crime Control and Safe Streets Act of 

16 1968 (42 U.S.C. 3797aa(a)) is amended by striking 

17 paragraph (9) and inserting the following: 

18 ‘‘(9) PRELIMINARILY QUALIFIED OFFENDER.— 

19 ‘‘(A) IN GENERAL.—The term ‘prelimi20 narily qualified offender’ means an adult or ju21 venile accused of an offense who— 

22 ‘‘(i)(I) previously or currently has 

23 been diagnosed by a qualified mental 

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1 ness or co-occurring mental illness and 

2 substance abuse disorders; 

3 ‘‘(II) manifests obvious signs of men4 tal illness or co-occurring mental illness 

5 and substance abuse disorders during ar6 rest or confinement or before any court; or 

7 ‘‘(III) in the case of a veterans treat8 ment court provided under subsection (i), 

9 has been diagnosed with, or manifests ob10 vious signs of, mental illness or a sub11 stance abuse disorder or co-occurring men12 tal illness and substance abuse disorder; 

13 and 

14 ‘‘(ii) has been unanimously approved 

15 for participation in a program funded 

16 under this section by, when appropriate, 

17 the relevant— 

18 ‘‘(I) prosecuting attorney; 

19 ‘‘(II) defense attorney; 

20 ‘‘(III) probation or corrections 

21 official; 

22 ‘‘(IV) judge; and 

23 ‘‘(V) representative from the rel24 evant mental health agency described 

25 in subsection (b)(5)(B)(i). 


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1 ‘‘(B) DETERMINATION.—In determining 

2 whether to designate an individual as a prelimi3 narily qualified offender, the relevant pros4 ecuting attorney, defense attorney, probation or 

5 corrections official, judge, and mental health or 

6 substance abuse agency representative shall 

7 take into account— 

8 ‘‘(i) whether the participation of the 

9 individual in the program would pose a 

10 substantial risk of violence to the commu11 nity; 

12 ‘‘(ii) the criminal history of the indi13 vidual and the nature and severity of the 

14 offense for which the individual is charged; 

15 ‘‘(iii) the views of any relevant victims 

16 to the offense; 

17 ‘‘(iv) the extent to which the indi18 vidual would benefit from participation in 

19 the program; 

20 ‘‘(v) the extent to which the commu21 nity would realize cost savings because of 

22 the individual’s participation in the pro23 gram; and 

24 ‘‘(vi) whether the individual satisfies 

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1 pation unanimously established by the rel2 evant prosecuting attorney, defense attor3 ney, probation or corrections official, judge 

4 and mental health or substance abuse 

5 agency representative.’’. 

6 (2) TECHNICAL AND CONFORMING AMEND7 MENT.—Section 2927(2) of title I of the Omnibus 

8 Crime Control and Safe Streets Act of 1968 (42 

9 U.S.C. 3797s–6(2)) is amended by striking ‘‘has the 

10 meaning given that term in section 2991(a).’’ and 

11 inserting ‘‘means an offense that— 

12 ‘‘(A) does not have as an element the use, 

13 attempted use, or threatened use of physical 

14 force against the person or property of another; 

15 or 

16 ‘‘(B) is not a felony that by its nature in17 volves a substantial risk that physical force 

18 against the person or property of another may 

19 be used in the course of committing the of20 fense.’’. 

21 (g) REAUTHORIZATION OF APPROPRIATIONS.—Sub22 section (l) of section 2991 of title I of the Omnibus Crime 

23 Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa), 

24 as redesignated in subsection (a)(1), is amended— 

25 (1) in paragraph (1)— 


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1 (A) in subparagraph (B), by striking 

2 ‘‘and’’ at the end; 

3 (B) in subparagraph (C), by striking the 

4 period and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(D) $40,000,000 for each of fiscal years 

7 2016 through 2020.’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(3) LIMITATION.—Not more than 20 percent 

10 of the funds authorized to be appropriated under 

11 this section may be used for purposes described in 

12 subsection (i) (relating to veterans).’’. 

13 TITLE II—IMPROVING 

14 RESEARCH ON VIOLENCE 

15 SEC. 201. RESEARCH WITH RESPECT TO VIOLENCE. 

16 (a) IN GENERAL.—The Secretary of Health and 

17 Human Services, in consultation with the Director of the 

18 National Institutes of Health, shall expand and intensify 

19 research on self-directed and other-directed violence asso20 ciated with mental illness and substance abuse disorders. 

21 (b) LIMITATIONS ON AUTHORIZATION OF APPRO22 PRIATIONS.—To carry out subsection (a), there are au23 thorized to be appropriated $100,000, without fiscal year 

24 limitation, which is authorized to remain available until 

25 expended. 


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1 TITLE III—UNDERSTANDING 

2 THE EPIDEMIC OF GUN VIO3 LENCE 

4 SEC. 301. NATIONAL VIOLENT DEATH REPORTING SYSTEM. 

5 The Secretary of Health and Human Services, acting 

6 through the Director of the Centers for Disease Control 

7 and Prevention, shall improve the National Violent Death 

8 Reporting System, as authorized by title III of the Public 

9 Health Service Act (42 U.S.C. 241 et seq.), particularly 

10 through the expansion of the application of such system 

11 to include the 50 States. Participation in the system by 

12 the States shall be voluntary. 

13 SEC. 302. REAFFIRMING CENTERS FOR DISEASE CON14 TROL’S AUTHORITY. 

15 (a) IN GENERAL.—Section 391 of the Public Health 

16 Service Act (42 U.S.C. 280b) is amended— 

17 (1) in subsection (a)(1), by striking ‘‘research 

18 relating to the causes, mechanisms, prevention, diag19 nosis, treatment of injuries, and rehabilitation from 

20 injuries;’’ and inserting ‘‘research, including data 

21 collection, relating to— 

22 ‘‘(A) the causes, mechanisms, prevention, diag23 nosis, and treatment of injuries, including with re24 spect to gun violence; and 

25 ‘‘(B) rehabilitation from such injuries;’’; and 


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1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(c) NO ADVOCACY OR PROMOTION OF GUN CON4 TROL.—Nothing in this section shall be construed to— 

5 ‘‘(1) authorize the Secretary to give assistance, 

6 make grants, or enter into cooperative agreements or 

7 contracts for the purpose of advocating or promoting 

8 gun control; or 

9 ‘‘(2) permit a recipient of any assistance, grant, 

10 cooperative agreement, or contract under this section 

11 to use such assistance, grant, agreement, or contract 

12 for the purpose of advocating or promoting gun con13 trol.’’. 

14 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

15 394A of the Public Health Service Act (42 U.S.C. 280b– 

16 3) is amended by striking ‘‘authorized to be appropriated’’ 

17 and all that follows through the end and inserting the fol18 lowing: ‘‘authorized to be appropriated such sums as may 

19 be necessary for each of fiscal years 2016 through 2020.’’. 

20 SEC. 303. PROTECTING CONFIDENTIAL DOCTOR-PATIENT 

21 RELATIONSHIP. 

22 Section 2717(c) of the Public Health Service Act (42 

23 U.S.C. 300gg–17(c)) is amended by adding at the end the 

24 following new paragraph: 


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1 ‘‘(6) RULE OF CONSTRUCTION.—Notwith2 standing the previous provisions of this subsection, 

3 none of the authorities provided to the Secretary 

4 under this subsection, Public Law 111–148, or an 

5 amendment made by such Public Law shall be con6 strued to prohibit a physician or other health care 

7 provider from— 

8 ‘‘(A) asking a patient about the ownership, 

9 possession, use, or storage of a firearm or am10 munition in the home of such patient; 

11 ‘‘(B) speaking to a patient about gun safe12 ty; or 

13 ‘‘(C) reporting to the authorities a pa14 tient’s threat of violence.’’. 

15 TITLE IV—ENSURING SAFE 

16 COMMUNITIES 

17 SEC. 401. BAN ON FIREARM POSSESSION BY PERSON COM18 MITTED INVOLUNTARILY TO MENTAL INSTI19 TUTION ON AN OUTPATIENT BASIS. 

20 Section 922 of title 18, United States Code, is 

21 amended— 

22 (1) in subsection (d)(4), by inserting ‘‘on an in23 voluntary inpatient or involuntary outpatient basis’’ 

24 before the semicolon; and 


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1 (2) in subsection (g)(4), by inserting ‘‘on an in2 voluntary inpatient or involuntary outpatient basis’’ 

3 before the semicolon. 

4 SEC. 402. GRANT PROGRAM REGARDING FIREARMS. 

5 Section 506(b) of title I of the Omnibus Crime Con6 trol and Safe Streets Act of 1968 (42 U.S.C. 3756(b)) 

7 is amended— 

8 (1) in the matter preceding paragraph (1), by 

9 striking ‘‘to 1 or more States or units of local gov10 ernment, for 1 or more of the purposes specified in 

11 section 501, pursuant to his determination that the 

12 same is necessary’’ and inserting ‘‘to—’’; 

13 (2) by redesignating paragraphs (1) and (2) as 

14 subparagraphs (A) and (B), respectively, and adjust15 ing the margins accordingly; 

16 (3) by inserting before subparagraph (A), as re17 designated, the following: 

18 ‘‘(1) 1 or more States or units of local govern19 ment, for 1 or more of the purposes specified in sec20 tion 501, pursuant to his determination that the 

21 same is necessary—’’; 

22 (4) in paragraph (1)(B), as redesignated, by 

23 striking the period at the end and inserting ‘‘; or’’; 

24 and 

25 (5) by adding at the end the following: 


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1 ‘‘(2) 1 or more States, if that State has dem2 onstrated, in the determination of the Attorney Gen3 eral, that the State has adopted policies, procedures, 

4 protocols, laws or regulations pertaining to the pos5 session or transfer of firearms or ammunition that— 

6 ‘‘(A)(i) give State and local law enforce7 ment the authority, to the extent allowable 

8 under Federal laws and the United States Con9 stitution, to seize firearms or ammunition from 

10 an individual pursuant to a warrant, where 

11 there is probable cause to believe that the indi12 vidual in possession of such firearms or ammu13 nition poses an elevated risk of harm to himself 

14 or herself or to another individual, which may 

15 be determined by considering whether the indi16 vidual has caused harm to himself or herself or 

17 another individual, has detailed plans to cause 

18 harm to himself or herself or another indi19 vidual, has a history of substance abuse, or 

20 lacks impulse control; and 

21 ‘‘(ii) provide that not later than 14 days 

22 after such a seizure, an individual from whom 

23 a firearm or ammunition was so seized shall be 

24 given an opportunity to contest such seizure in 

25 court, and any firearm or ammunition so seized 


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1 shall be returned to the individual, unless a 

2 State or local law enforcement officer dem3 onstrates in court by a preponderance of the 

4 evidence that the individual from whom a fire5 arm or ammunition was seized poses an ele6 vated risk of harm to himself or herself or to 

7 another individual; or 

8 ‘‘(B) temporarily prohibit an individual 

9 who has been involuntarily hospitalized for a 

10 period of not less than 48 hours for mental ill11 ness on an emergency basis, from possessing a 

12 firearm or ammunition.’’. 

13 SEC. 403. NOTIFICATION OF STATE AND LOCAL LAW EN14 FORCEMENT AUTHORITIES OF ATTEMPT TO 

15 PURCHASE FIREARM BY INELIGIBLE PER16 SON. 

17 (a) IN GENERAL.—The Attorney General shall estab18 lish a system for the prompt notification of the relevant 

19 State and local law enforcement agencies when the Na20 tional Instant Criminal Background Check System estab21 lished under section 103 of the Brady Handgun Violence 

22 Prevention Act (18 U.S.C. 922 note) notifies a licensed 

23 dealer that the information available to the system indi24 cates that the possession of a firearm by an individual at25 tempting to obtain a firearm from the licensed dealer 


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1 would violate subsection (g) or (n) of section 922 of title 

2 18, United States Code, or State law, except when it is 

3 determined, on a case-by-case basis, that law enforcement 

4 purposes would best be served by not providing such a no5 tice. 

6 (b) DEFINITIONS.—In this section, the terms ‘‘fire7 arm’’ and ‘‘licensed dealer’’ shall have the meanings given 

8 such terms in section 921(a) of title 18, United States 

9 Code. 

10 TITLE V—RESTORATION 

11 SEC. 501. FEDERAL AGENCY RELIEF PROGRAM. 

12 Section 101(c) of the NICS Improvement Amend13 ments Act of 2007 (18 U.S.C. 922 note) is amended— 

14 (1) in paragraph (2)(A)(i), by inserting after 

15 ‘‘imposed by such subsections’’ the following: ‘‘if 

16 such person is a person described in subparagraph 

17 (C) and submits the opinion (and records and infor18 mation supporting the opinion) of a psychiatrist, a 

19 clinical psychologist, or a licensed or qualified men20 tal health professional who can provide adequate in21 formation who has personally evaluated the person’’; 

22 and 

23 (2) by adding at the end the following: 

24 ‘‘(C) PERSON DESCRIBED.—A person is 

25 described in this subparagraph if, beginning not 


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1 earlier than 1 year after the person is subject 

2 to the disabilities imposed by subsection (d)(4) 

3 or (g)(4) of section 922 of title 18, United 

4 States Code, and after affording the Federal 

5 department or agency the opportunity to re6 quest an additional evaluation, by a psychia7 trist, a clinical psychologist, or a licensed or 

8 qualified mental health professional who can 

9 provide adequate information appointed by the 

10 department or agency, the department or agen11 cy determines by a preponderance of the evi12 dence received that— 

13 ‘‘(i) the person no longer manifests 

14 the symptoms of mental disorder that re15 sulted in that person’s adjudication as in16 eligible due to disqualifying mental status 

17 or involuntary commitment or that other18 wise significantly elevate the risk of harm 

19 to self or others; 

20 ‘‘(ii) the person has adhered consist21 ently to any prescribed treatment for a 

22 substantial period of time preceding the 

23 date of the application and has expressed 

24 a willingness to continue treatment under 

25 an appropriate mental health professional; 


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1 ‘‘(iii) if ongoing treatment is required, 

2 that adherence to that treatment is likely 

3 to minimize the risk that the person will 

4 revert to a mental state that would present 

5 a danger to self or others; and 

6 ‘‘(iv) the granting of the relief would 

7 not be contrary to the public interest.’’. 

8 SEC. 502. STATE RELIEF PROGRAMS. 

9 (a) IN GENERAL.—Section 105 of the NICS Im10 provement Amendments Act of 2007 (18 U.S.C. 922 note) 

11 is amended— 

12 (1) in subsection (a)(2), by striking ‘‘if the cir13 cumstances regarding the disabilities referred to in 

14 paragraph (1), and the person’s record and reputa15 tion, are such that the person will not be likely to 

16 act in a manner dangerous to public safety and that 

17 the granting of the relief would not be contrary to 

18 the public interest; and’’ and inserting the following: 

19 ‘‘beginning not earlier than 1 year after the person 

20 is first adjudicated as described in subsection (g)(4) 

21 of section 922 of title 18, United States Code, if the 

22 person submits the opinion (and records and infor23 mation supporting the opinion) of a psychiatrist, a 

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1 formation who has personally evaluated the person, 

2 and after affording the State the opportunity to re3 quest an additional evaluation, by a psychiatrist, 

4 clinical psychologist, or other licensed or qualified 

5 mental health professional who can provide adequate 

6 information appointed by the court, board, commis7 sion, or other lawful authority, only if the court, 

8 board, commission, or other lawful authority deter9 mines by a preponderance of the evidence received 

10 that the person is a person described in subsection 

11 (c); and’’; and 

12 (2) by adding at the end the following: 

13 ‘‘(c) ELIGIBLE PERSON DESCRIBED.—A person de14 scribed in this subsection is any person who submits with 

15 the application for relief under subsection (a)(1), the opin16 ion (and records and information supporting the opinion) 

17 of a psychiatrist, a clinical psychologist, or a licensed or 

18 qualified mental health professional who can provide ade19 quate information who has personally evaluated the peti20 tioner and which attests that— 

21 ‘‘(1) the person no longer manifests the symp22 toms of disqualifying mental status that resulted in 

23 that person’s adjudication as a mental defective or 

24 involuntary commitment; 


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1 ‘‘(2) the person appears to have adhered con2 sistently to any prescribed treatment for a substan3 tial period of time preceding the date of the applica4 tion and has expressed a willingness to continue 

5 treatment under an appropriate mental health pro6 fessional; 

7 ‘‘(3) if ongoing treatment is required, that ad8 herence to that treatment is likely to minimize the 

9 risk that the person will revert to a mental state 

10 that would present a danger to self or others; and 

11 ‘‘(4) the granting of the relief would not be con12 trary to the public interest. 

13 ‘‘(d) DEFINITIONS.—The Attorney General may, by 

14 rule, define terms used in this section to ensure conformity 

15 with Federal programs providing relief from disabilities 

16 imposed under subsections (d) and (g) of section 922 of 

17 title 18, United States Code.’’. 

18 (b) TRANSITION RULE.—The amendment made by 

19 subsection (a) shall apply only beginning on the date that 

20 is 5 years after the date of enactment of this Act, in the 

21 case of any State that has a program described in section 

22 105 of the NICS Improvement Amendments Act of 2007 

23 (18 U.S.C. 922 note) in effect on the date of enactment 

24 of this Act. 


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1 SEC. 503. INELIGIBILITY DUE TO DISQUALIFYING MENTAL 

2 STATUS. 

3 (a) TITLE 18.—Part I of title 18, United States 

4 Code, is amended— 

5 (1) in section 175b(d)(2)(F), by striking ‘‘adju6 dicated as a mental defective’’ and inserting ‘‘adju7 dicated as ineligible due to disqualifying mental sta8 tus’’; 

9 (2) in section 842— 

10 (A) in subsection (d)(6), by striking ‘‘adju11 dicated as a mental defective’’ and inserting 

12 ‘‘adjudicated as ineligible due to disqualifying 

13 mental status’’; and 

14 (B) in subsection (i)(4), by striking ‘‘adju15 dicated as a mental defective’’ and inserting 

16 ‘‘adjudicated as ineligible due to disqualifying 

17 mental status’’; and 

18 (3) in section 922— 

19 (A) in subsection (d)(4), as amended by 

20 section 401, by striking ‘‘adjudicated as a men21 tal defective’’ and inserting ‘‘adjudicated as in22 eligible due to disqualifying mental status’’; and 

23 (B) in subsection (g)(4), as amended by 

24 section 401, by striking ‘‘adjudicated as a men25 tal defective’’ and inserting ‘‘adjudicated as in26 eligible due to disqualifying mental status’’; and 


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1 (C) in subsection (s)(3)(B)(iv), by striking 

2 ‘‘adjudicated as a mental defective’’ and insert3 ing ‘‘adjudicated as ineligible due to disquali4 fying mental status’’. 

5 (b) NICS IMPROVEMENT AMENDMENTS ACT OF

6 2007.—The NICS Improvement Amendments Act of 2007 

7 is amended— 

8 (1) in section 3(2), by striking ‘‘adjudicated as 

9 a mental defective’’ and inserting ‘‘adjudicated as in10 eligible due to disqualifying mental status’’; 

11 (2) in section 101(b)(2)(C)(ii), by striking ‘‘ad12 judicated as a mental defective’’ and inserting ‘‘ad13 judicated as ineligible due to disqualifying mental 

14 status’’; 

15 (3) in section 101(c)(1)(C), by striking ‘‘adju16 dicated as a mental defective’’ and inserting ‘‘adju17 dicated as ineligible due to disqualifying mental sta18 tus’’; 

19 (4) in section 101(c)(3)— 

20 (A) in the matter preceding subparagraph 

21 (A), by striking ‘‘adjudicate a person as a men22 tal defective,’’ and insert ‘‘adjudicate a person 

23 as ineligible due to disqualifying mental sta24 tus’’; and 


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1 (B) in subparagraph (A), by striking ‘‘ad2 judicate the person as a mental defective,’’ and 

3 insert ‘‘adjudicate the person as ineligible due 

4 to disqualifying mental status’’; and 

5 (5) in section 102(b)(1)(C)(iv), by striking ‘‘ad6 judicated as a mental defective’’ and inserting ‘‘ad7 judicated as ineligible due to disqualifying mental 

8 status’’. 

9 TITLE VI—SUBMISSION OF 

10 RECORDS TO NATIONAL IN11 STANT CRIMINAL BACK12 GROUND CHECK SYSTEM 

13 SEC. 601. REPORTS RELATING TO SUBMISSION OF INFOR14 MATION TO NICS. 

15 Section 201 of the NICS Improvement Amendments 

16 Act of 2007 (18 U.S.C. 922 note) is amended— 

17 (1) by amending subsection (b) to read as fol18 lows: 

19 ‘‘(b) REPORT ON PERSONS PROHIBITED FROM OB20 TAINING FIREARMS AS A RESULT OF A CONVICTION OF

21 A MISDEMEANOR CRIME OF DOMESTIC VIOLENCE.—Not 

22 later than January 31 of each year, the Director shall sub23 mit to Congress a report containing the number of persons 

24 reported by each State to the National Instant Criminal 

25 Background Check System who are prohibited from posVerDate Sep 11 2014 02:27 Jul 11, 2015 Jkt 049200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S1738.IS S1738

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1 sessing or receiving a firearm under section 922(g)(9) of 

2 title 18, United States Code.’’; 

3 (2) by redesignating subsection (d) as (e); and 

4 (3) by inserting after subsection (c) the fol5 lowing: 

6 ‘‘(d) REPORT ON PROMISING PRACTICES.— 

7 ‘‘(1) IN GENERAL.—Not later than 180 days 

8 after the date of enactment of the Safer Commu9 nities Act of 2015, and annually thereafter, the Di10 rector shall submit to Congress and to each State 

11 participating in the National Criminal History Im12 provement Program, a report of the practices of the 

13 States that the Director considers to be promising 

14 practices. 

15 ‘‘(2) PROMISING PRACTICE DEFINED.—For 

16 purposes of this subsection, the term ‘promising 

17 practice’ means a program, activity, or strategy of a 

18 State regarding the collection, maintenance, automa19 tion, and transmittal of information relevant to de20 termining whether a person is prohibited from pos21 sessing or receiving a firearm by Federal or State 

22 law, by the State or any other agency, or any other 

23 records relevant to the National Instant Criminal 

24 Background Check System, that the Director deter25 mines— 


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1 ‘‘(A) has been used by a State or other 

2 agency to successfully increase or expand its 

3 ability to collect, maintain, automate, and 

4 transmit the information described in the mat5 ter preceding this subparagraph; 

6 ‘‘(B) shows promise in its early stages of 

7 becoming a best practice under subsection (c), 

8 with long-term sustainable impact; and 

9 ‘‘(C) may be replicated by other States or 

10 agencies.’’. 

11 SEC. 602. REAUTHORIZATION OF THE NATIONAL CRIMINAL 

12 HISTORY RECORDS IMPROVEMENT PRO13 GRAM. 

14 Section 106(b) of Public Law 103–159 (18 U.S.C. 

15 922 note) is amended— 

16 (1) in paragraph (1), in the matter preceding 

17 subparagraph (A), by striking ‘‘of this Act’’ and in18 serting ‘‘of the Safer Communities Act of 2015’’; 

19 and 

20 (2) by striking paragraph (2) and inserting the 

21 following: 

22 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

23 There are authorized to be appropriated for grants 

24 under this subsection $100,000,000 for each of fis25 cal years 2016 through 2019.’’. 


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1 SEC. 603. IMPROVEMENT OF METRICS AND INCENTIVES. 

2 Section 102(b) of the NICS Improvement Amend3 ments Act of 2007 (18 U.S.C. 922 note) is amended to 

4 read as follows: 

5 ‘‘(b) IMPLEMENTATION PLAN.— 

6 ‘‘(1) IN GENERAL.—Not later than 1 year after 

7 the date of enactment of the Safer Communities Act 

8 of 2015, the Attorney General, in coordination with 

9 the States, shall establish for each State or Indian 

10 tribal government applying for a grant under section 

11 103 a 4-year implementation plan to ensure max12 imum coordination and automation of the reporting 

13 of records or making records available to the Na14 tional Instant Criminal Background Check System. 

15 ‘‘(2) BENCHMARK REQUIREMENTS.—Each 4- 

16 year plan established under paragraph (1) shall in17 clude annual benchmarks, including both qualitative 

18 goals and quantitative measures, to assess imple19 mentation of the 4-year plan. 

20 ‘‘(3) PENALTIES FOR NON-COMPLIANCE.— 

21 ‘‘(A) IN GENERAL.—During the 4-year pe22 riod covered by a 4-year plan established under 

23 paragraph (1), the Attorney General shall with24 hold— 

25 ‘‘(i) 10 percent of the amount that 

26 would otherwise be allocated to a State 


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1 under section 505 of title I of the Omnibus 

2 Crime Control and Safe Streets Act of 

3 1968 (42 U.S.C. 3755) if the State does 

4 not meet the benchmark established under 

5 paragraph (2) for the first year in the 4- 

6 year period; 

7 ‘‘(ii) 11 percent of the amount that 

8 would otherwise be allocated to a State 

9 under section 505 of title I of the Omnibus 

10 Crime Control and Safe Streets Act of 

11 1968 (42 U.S.C. 3755) if the State does 

12 not meet the benchmark established under 

13 paragraph (2) for the second year in the 4- 

14 year period; 

15 ‘‘(iii) 13 percent of the amount that 

16 would otherwise be allocated to a State 

17 under section 505 of title I of the Omnibus 

18 Crime Control and Safe Streets Act of 

19 1968 (42 U.S.C. 3755) if the State does 

20 not meet the benchmark established under 

21 paragraph (2) for the third year in the 4- 

22 year period; and 

23 ‘‘(iv) 15 percent of the amount that 

24 would otherwise be allocated to a State 

25 under section 505 of title I of the Omnibus 


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1 Crime Control and Safe Streets Act of 

2 1968 (42 U.S.C. 3755) if the State does 

3 not meet the benchmark established under 

4 paragraph (2) for the fourth year in the 4- 

5 year period. 

6 ‘‘(B) FAILURE TO ESTABLISH A PLAN.—A 

7 State that fails to establish a plan under para8 graph (1) shall be treated as having not met 

9 any benchmark established under paragraph 

10 (2).’’. 

11 SEC. 604. GRANTS TO STATES TO IMPROVE COORDINATION 

12 AND AUTOMATION OF NICS RECORD REPORT13 ING. 

14 (a) IN GENERAL.—The NICS Improvement Amend15 ments Act of 2007 (18 U.S.C. 922 note) is amended— 

16 (1) by striking section 103 and inserting the 

17 following: 

18 ‘‘SEC. 103. GRANTS TO STATES FOR IMPROVEMENT OF CO19 ORDINATION AND AUTOMATION OF NICS 

20 RECORD REPORTING. 

21 ‘‘(a) AUTHORIZATION.—From amounts made avail22 able to carry out this section, the Attorney General shall 

23 make grants to States, Indian Tribal governments, and 

24 State court systems, in a manner consistent with the Na25 tional Criminal History Improvement Program and conVerDate Sep 11 2014 02:27 Jul 11, 2015 Jkt 049200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S1738.IS S1738

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1 sistent with State plans for integration, automation, and 

2 accessibility of criminal history records, for use by the 

3 State, or units of local government of the State, Indian 

4 Tribal government, or State court system to improve the 

5 automation and transmittal of mental health records and 

6 criminal history dispositions, records relevant to deter7 mining whether a person has been convicted of a mis8 demeanor crime of domestic violence, court orders, and 

9 mental health adjudications or commitments to Federal 

10 and State record repositories in accordance with section 

11 102 and the National Criminal History Improvement Pro12 gram. 

13 ‘‘(b) USE OF GRANT AMOUNTS.—Grants awarded to 

14 States, Indian Tribal governments, or State court systems 

15 under this section may only be used to— 

16 ‘‘(1) carry out, as necessary, assessments of the 

17 capabilities of the courts of the State or Indian Trib18 al government for the automation and transmission 

19 of arrest and conviction records, court orders, and 

20 mental health adjudications or commitments to Fed21 eral and State record repositories; 

22 ‘‘(2) implement policies, systems, and proce23 dures for the automation and transmission of arrest 

24 and conviction records, court orders, and mental 


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1 health adjudications or commitments to Federal and 

2 State record repositories; 

3 ‘‘(3) create electronic systems that provide ac4 curate and up-to-date information which is directly 

5 related to checks under the National Instant Crimi6 nal Background Check System, including court dis7 position and corrections records; 

8 ‘‘(4) assist States or Indian Tribal governments 

9 in establishing or enhancing their own capacities to 

10 perform background checks using the National In11 stant Criminal Background Check System; and 

12 ‘‘(5) develop and maintain the relief from dis13 abilities program in accordance with section 105. 

14 ‘‘(c) ELIGIBILITY.— 

15 ‘‘(1) IN GENERAL.—To be eligible for a grant 

16 under this section, a State, Indian Tribal govern17 ment, or State court system shall certify, to the sat18 isfaction of the Attorney General, that the State, In19 dian Tribal government, or State court system— 

20 ‘‘(A) is not prohibited by State law or 

21 court order from submitting mental health 

22 records to the National Instant Criminal Back23 ground Check System; and 


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1 ‘‘(B) subject to paragraph (2), has imple2 mented a relief from disabilities program in ac3 cordance with section 105. 

4 ‘‘(2) RELIEF FROM DISABILITIES PROGRAM.— 

5 For purposes of obtaining a grant under this sec6 tion, a State, Indian Tribal government, or State 

7 court system shall not be required to meet the eligi8 bility requirement described in paragraph (1)(B) 

9 until the date that is 2 years after the date of enact10 ment of the Safer Communities Act of 2015. 

11 ‘‘(d) FEDERAL SHARE.— 

12 ‘‘(1) STUDIES, ASSESSMENTS, NON-MATERIAL

13 ACTIVITIES.—The Federal share of a study, assess14 ment, creation of a task force, or other non-material 

15 activity, as determined by the Attorney General, car16 ried out with a grant under this section shall be not 

17 more than 25 percent. 

18 ‘‘(2) INFRASTRUCTURE OR SYSTEM DEVELOP19 MENT.—The Federal share of an activity involving 

20 infrastructure or system development, including 

21 labor-related costs, for the purpose of improving 

22 State or Indian Tribal government record reporting 

23 to the National Instant Criminal Background Check 

24 System carried out with a grant under this section 


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1 may amount to 100 percent of the cost of the activ2 ity. 

3 ‘‘(e) GRANTS TO INDIAN TRIBES.—Up to 5 percent 

4 of the grant funding available under this section may be 

5 reserved for Indian tribal governments for use by Indian 

6 tribal judicial systems. 

7 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated to carry out this section 

9 $100,000,000 for each of fiscal years 2016 through 

10 2019.’’; 

11 (2) by striking title III; and 

12 (3) in section 401(b), by inserting after ‘‘of this 

13 Act’’ the following: ‘‘and 18 months after the date 

14 of enactment of the Safer Communities Act of 

15 2015’’. 

16 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

17 The table of sections in section 1(b) of the NICS Improve18 ment Amendments Act of 2007 (18 U.S.C. 922 note) is 

19 amended— 

20 (1) by striking the item relating to section 103 

21 and inserting the following: 

‘‘Sec. 103. Grants to States for improvement of coordination and automation 

of NICS record reporting.’’; 

22 (2) by striking the item relating to title III; and 

23 (3) by striking the item relating to section 301. 


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1 SEC. 605. SHARING OF RECORDS BY FEDERAL DEPART2 MENTS AND AGENCIES WITH NICS. 

3 Section 101(b) of the NICS Improvement Act of 

4 2007 (18 U.S.C. 922 note) is amended— 

5 (1) in paragraph (2)— 

6 (A) in subparagraph (B), by striking 

7 ‘‘and’’ at the end; 

8 (B) in subparagraph (C), by striking the 

9 period at the end and inserting ‘‘; and’’; and 

10 (C) by inserting at the end the following: 

11 ‘‘(D) not later than 180 days after the 

12 date of the enactment of the Safer Communities 

13 Act of 2015, and annually thereafter, submit a 

14 report to Congress on the compliance of the 

15 heads of Federal departments and agencies 

16 with the requirements of paragraphs (1) and 

17 (3).’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(3) OTHER FEDERAL DEPARTMENTS AND

20 AGENCIES.—The head of each Federal department 

21 or agency in possession of records which are relevant 

22 to a determination of whether a person is disquali23 fied from possessing or receiving a firearm under 

24 subsection (g) or (n) of section 922 of title 18, 

25 United States Code, shall make available to the At26 torney General, such records, updated not less than 


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1 quarterly, for use in the background checks per2 formed by the National Instant Criminal Back3 ground Check System.’’. 

Æ 


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