II 

114TH CONGRESS 

1ST SESSION S. 2002 

To strengthen our mental health system and improve public safety. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 5, 2015 

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

to the Committee on the Judiciary 

A BILL 

To strengthen our mental health system and improve public 

safety. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Mental Health and Safe Communities Act of 2015’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—MENTAL HEALTH AND SAFE COMMUNITIES 

Sec. 101. Law enforcement grants for crisis intervention teams, mental health 

purposes, and fixing the background check system. 

Sec. 102. Assisted outpatient treatment programs. 

Sec. 103. Federal drug and mental health courts. 

Sec. 104. Mental health in the judicial system. 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•S 2002 IS

Sec. 105. Forensic assertive community treatment initiatives. 

Sec. 106. Assistance for individuals transitioning out of systems. 

Sec. 107. Co-occurring substance abuse and mental health challenges in drug 

courts. 

Sec. 108. Mental health training for Federal uniformed services. 

Sec. 109. Advancing mental health as part of offender reentry. 

Sec. 110. School mental health crisis intervention teams. 

Sec. 111. Active-shooter training for law enforcement. 

Sec. 112. Co-occurring substance abuse and mental health challenges in residential substance abuse treatment programs. 

Sec. 113. Mental health and drug treatment alternatives to incarceration programs. 

Sec. 114. National criminal justice and mental health training and technical assistance. 

Sec. 115. Improving Department of Justice data collection on mental illness involved in crime. 

Sec. 116. Reports on the number of mentally ill offenders in prison. 

TITLE II—COMPREHENSIVE JUSTICE AND MENTAL HEALTH ACT 

Sec. 201. Short title. 

Sec. 202. Findings. 

Sec. 203. Sequential intercept model. 

Sec. 204. Veterans treatment courts. 

Sec. 205. Prison and jails. 

Sec. 206. Allowable uses. 

Sec. 207. Law enforcement training. 

Sec. 208. Federal law enforcement training. 

Sec. 209. GAO report. 

Sec. 210. Evidence-based practices. 

Sec. 211. Transparency, program accountability, and enhancement of local authority. 

Sec. 212. Grant accountability. 

TITLE III—NICS REAUTHORIZATION AND NICS IMPROVEMENT 

Sec. 301. Reauthorization of NICS. 

Sec. 302. Definitions relating to mental health. 

Sec. 303. Incentives for State compliance with NICS mental health record requirements. 

Sec. 304. Protecting the second amendment rights of veterans. 

Sec. 305. Applicability of amendments. 

Sec. 306. Clarification that Federal court information is to be made available 

to the national instant criminal background check system. 

TITLE IV—REAUTHORIZATIONS AND OFFSET 

Sec. 401. Reauthorization of appropriations. 

Sec. 402. Offset. 


emcdonald on DSK67QTVN1PROD with BILLS
3 

•S 2002 IS

1 TITLE I—MENTAL HEALTH AND 

2 SAFE COMMUNITIES 

3 SEC. 101. LAW ENFORCEMENT GRANTS FOR CRISIS INTER4 VENTION TEAMS, MENTAL HEALTH PUR5 POSES, AND FIXING THE BACKGROUND 

6 CHECK SYSTEM. 

7 (a) EDWARD BYRNE MEMORIAL JUSTICE ASSIST8 ANCE GRANT PROGRAM.—Section 501(a)(1) of title I of 

9 the Omnibus Crime Control and Safe Streets Act of 1968 

10 (42 U.S.C. 3751(a)(1)) is amended by adding at the end 

11 the following: 

12 ‘‘(H) Mental health programs and related 

13 law enforcement and corrections programs, in14 cluding behavioral programs and crisis interven15 tion teams. 

16 ‘‘(I) Achieving compliance with the mental 

17 health records requirements of the NICS Im18 provement Amendments Act of 2007 (Public 

19 Law 110–180; 121 Stat. 2259).’’. 

20 (b) COMMUNITY ORIENTED POLICING SERVICES

21 PROGRAM.—Section 1701(b) of title I of the Omnibus 

22 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

23 3796dd(b)) is amended— 

24 (1) in paragraph (16), by striking ‘‘and’’ at the 

25 end; 


emcdonald on DSK67QTVN1PROD with BILLS
4 

•S 2002 IS

1 (2) by redesignating paragraph (17) as para2 graph (21); 

3 (3) by inserting after paragraph (16) the fol4 lowing: 

5 ‘‘(17) to provide specialized training to law en6 forcement officers to— 

7 ‘‘(A) recognize individuals who have a 

8 mental illness; and 

9 ‘‘(B) properly interact with individuals who 

10 have a mental illness, including strategies for 

11 verbal de-escalation of crises; 

12 ‘‘(18) to establish collaborative programs that 

13 enhance the ability of law enforcement agencies to 

14 address the mental health, behavioral, and substance 

15 abuse problems of individuals encountered by law 

16 enforcement officers in the line of duty; 

17 ‘‘(19) to provide specialized training to correc18 tions officers to recognize individuals who have a 

19 mental illness; 

20 ‘‘(20) to enhance the ability of corrections offi21 cers to address the mental health of individuals 

22 under the care and custody of jails and prisons, in23 cluding specialized training and strategies for verbal 

24 de-escalation of crises; and’’; and 


emcdonald on DSK67QTVN1PROD with BILLS
5 

•S 2002 IS

1 (4) in paragraph (21), as redesignated, by 

2 striking ‘‘through (16)’’ and inserting ‘‘through 

3 (20)’’. 

4 (c) MODIFICATIONS TO THE STAFFING FOR ADE5 QUATE FIRE AND EMERGENCY RESPONSE GRANTS.—Sec6 tion 34(a)(1)(B) of the Federal Fire Prevention and Con7 trol Act of 1974 (15 U.S.C. 2229a(a)(1)(B)) is amended 

8 by inserting before the period at the end the following: 

9 ‘‘and to provide specialized training to paramedics, emer10 gency medical services workers, and other first responders 

11 to recognize individuals who have mental illness and how 

12 to properly intervene with individuals with mental illness, 

13 including strategies for verbal de-escalation of crises’’. 

14 SEC. 102. ASSISTED OUTPATIENT TREATMENT PROGRAMS. 

15 Section 2201 of title I of the Omnibus Crime Control 

16 and Safe Streets Act of 1968 (42 U.S.C. 3796ii) is amend17 ed— 

18 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

19 ‘‘The Attorney General’’; 

20 (2) in paragraph (2)(B), by inserting before the 

21 semicolon the following: ‘‘, or court-ordered assisted 

22 outpatient treatment when the court has determined 

23 such treatment to be necessary’’; and 

24 (3) by adding at the end the following: 

25 ‘‘(b) DEFINITIONS.—In this section: 


emcdonald on DSK67QTVN1PROD with BILLS
6 

•S 2002 IS

1 ‘‘(1) COURT-ORDERED ASSISTED OUTPATIENT

2 TREATMENT.—The term ‘court-ordered assisted out3 patient treatment’ means a program through which 

4 a court may order a treatment plan for an eligible 

5 patient that— 

6 ‘‘(A) requires such patient to obtain out7 patient mental health treatment while the pa8 tient is living in a community; and 

9 ‘‘(B) is designed to improve access and ad10 herence by such patient to intensive behavioral 

11 health services in order to— 

12 ‘‘(i) avert relapse, repeated hos13 pitalizations, arrest, incarceration, suicide, 

14 property destruction, and violent behavior; 

15 and 

16 ‘‘(ii) provide such patient with the op17 portunity to live in a less restrictive alter18 native to incarceration or involuntary hos19 pitalization. 

20 ‘‘(2) ELIGIBLE PATIENT.—The term ‘eligible 

21 patient’ means an adult, mentally ill person who, as 

22 determined by a court— 

23 ‘‘(A) has a history of violence, incarcer24 ation, or medically unnecessary hospitalizations; 


emcdonald on DSK67QTVN1PROD with BILLS
7 

•S 2002 IS

1 ‘‘(B) without supervision and treatment, 

2 may be a danger to self or others in the com3 munity; 

4 ‘‘(C) is substantially unlikely to voluntarily 

5 participate in treatment; 

6 ‘‘(D) may be unable, for reasons other 

7 than indigence, to provide for any of his or her 

8 basic needs, such as food, clothing, shelter, 

9 health, or safety; 

10 ‘‘(E) has a history of mental illness or con11 dition that is likely to substantially deteriorate 

12 if the patient is not provided with timely treat13 ment; or 

14 ‘‘(F) due to mental illness, lacks capacity 

15 to fully understand or lacks judgment to make 

16 informed decisions regarding his or her need for 

17 treatment, care, or supervision.’’. 

18 SEC. 103. FEDERAL DRUG AND MENTAL HEALTH COURTS. 

19 (a) DEFINITIONS.—In this section— 

20 (1) the term ‘‘eligible offender’’ means a person 

21 who— 

22 (A)(i) previously or currently has been di23 agnosed by a qualified mental health profes24 sional as having a mental illness, mental retarVerDate Sep 11 2014 04:23 Aug 13, 2015 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2002.IS S2002

emcdonald on DSK67QTVN1PROD with BILLS
8 

•S 2002 IS

1 dation, or co-occurring mental illness and sub2 stance abuse disorders; or 

3 (ii) manifests obvious signs of mental ill4 ness, mental retardation, or co-occurring mental 

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

7 (B) is determined by a judge to be eligible; 

8 and 

9 (2) the term ‘‘mental illness’’ means a 

10 diagnosable mental, behavioral, or emotional dis11 order— 

12 (A) of sufficient duration to meet diag13 nostic criteria within the most recent edition of 

14 the Diagnostic and Statistical Manual of Men15 tal Disorders published by the American Psy16 chiatric Association; and 

17 (B) that has resulted in functional impair18 ment that substantially interferes with or limits 

19 1 or more major life activities. 

20 (b) ESTABLISHMENT OF PROGRAM.—Not later than 

21 1 year after the date of enactment of this Act, the Attor22 ney General shall establish a pilot program to determine 

23 the effectiveness of diverting eligible offenders from Fed24 eral prosecution, Federal probation, or a Bureau of PrisVerDate Sep 11 2014 22:14 Aug 13, 2015 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2002.IS S2002

emcdonald on DSK67QTVN1PROD with BILLS
9 

•S 2002 IS

1 ons facility, and placing such eligible offenders in drug or 

2 mental health courts. 

3 (c) PROGRAM SPECIFICATIONS.—The pilot program 

4 established under subsection (b) shall involve— 

5 (1) continuing judicial supervision, including 

6 periodic review, of program participants who have a 

7 substance abuse problem or mental illness; and 

8 (2) the integrated administration of services 

9 and sanctions, which shall include— 

10 (A) mandatory periodic testing, as appro11 priate, for the use of controlled substances or 

12 other addictive substances during any period of 

13 supervised release or probation for each pro14 gram participant; 

15 (B) substance abuse treatment for each 

16 program participant who requires such services; 

17 (C) diversion, probation, or other super18 vised release with the possibility of prosecution, 

19 confinement, or incarceration based on non20 compliance with program requirements or fail21 ure to show satisfactory progress; 

22 (D) programmatic offender management, 

23 including case management, and aftercare serv24 ices, such as relapse prevention, health care, 

25 education, vocational training, job placement, 


emcdonald on DSK67QTVN1PROD with BILLS
10 

•S 2002 IS

1 housing placement, and child care or other fam2 ily support services for each program partici3 pant who requires such services; 

4 (E) outpatient or inpatient mental health 

5 treatment, as ordered by the court, that carries 

6 with it the possibility of dismissal of charges or 

7 reduced sentencing upon successful completion 

8 of such treatment; 

9 (F) centralized case management, includ10 ing— 

11 (i) the consolidation of all cases, in12 cluding violations of probations, of the pro13 gram participant; and 

14 (ii) coordination of all mental health 

15 treatment plans and social services, includ16 ing life skills and vocational training, hous17 ing and job placement, education, health 

18 care, and relapse prevention for each pro19 gram participant who requires such serv20 ices; and 

21 (G) continuing supervision of treatment 

22 plan compliance by the program participant for 

23 a term not to exceed the maximum allowable 

24 sentence or probation period for the charged or 

25 relevant offense and, to the extent practicable, 


emcdonald on DSK67QTVN1PROD with BILLS
11 

•S 2002 IS

1 continuity of psychiatric care at the end of the 

2 supervised period. 

3 (d) IMPLEMENTATION; DURATION.—The pilot pro4 gram established under subsection (b) shall be con5 ducted— 

6 (1) in not less than 1 United States judicial 

7 district, designated by the Attorney General in con8 sultation with the Director of the Administrative Of9 fice of the United States Courts, as appropriate for 

10 the pilot program; and 

11 (2) during fiscal year 2017 through fiscal year 

12 2020. 

13 (e) CRITERIA FOR DESIGNATION.—Before making a 

14 designation under subsection (d)(1), the Attorney General 

15 shall— 

16 (1) obtain the approval, in writing, of the 

17 United States Attorney for the United States judi18 cial district being designated; 

19 (2) obtain the approval, in writing, of the chief 

20 judge for the United States judicial district being 

21 designated; and 

22 (3) determine that the United States judicial 

23 district being designated has adequate behavioral 

24 health systems for treatment, including substance 

25 abuse and mental health treatment. 


emcdonald on DSK67QTVN1PROD with BILLS
12 

•S 2002 IS

1 (f) ASSISTANCE FROM OTHER FEDERAL ENTI2 TIES.—The Administrative Office of the United States 

3 Courts and the United States Probation Offices shall pro4 vide such assistance and carry out such functions as the 

5 Attorney General may request in monitoring, supervising, 

6 providing services to, and evaluating eligible offenders 

7 placed in a drug or mental health court under this section. 

8 (g) REPORTS.—The Attorney General, in consulta9 tion with the Director of the Administrative Office of the 

10 United States Courts, shall monitor the drug and mental 

11 health courts under this section, and shall submit a report 

12 to Congress on the outcomes of the program at the end 

13 of the period described in subsection (d)(2). 

14 SEC. 104. MENTAL HEALTH IN THE JUDICIAL SYSTEM. 

15 Part V of title I of the Omnibus Crime Control and 

16 Safe Streets Act of 1986 (42 U.S.C. 3796ii et seq.) is 

17 amended by inserting at the end the following: 

18 ‘‘SEC. 2209. MENTAL HEALTH RESPONSES IN THE JUDICIAL 

19 SYSTEM. 

20 ‘‘(a) PRETRIAL SCREENING AND SUPERVISION.— 

21 ‘‘(1) IN GENERAL.—The Attorney General may 

22 award grants to States, units of local government, 

23 territories, Indian Tribes, nonprofit agencies, or any 

24 combination thereof, to develop, implement, or ex25 pand pretrial services programs to improve the idenVerDate Sep 11 2014 04:23 Aug 13, 2015 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2002.IS S2002

emcdonald on DSK67QTVN1PROD with BILLS
13 

•S 2002 IS

1 tification and outcomes of individuals with mental 

2 illness. 

3 ‘‘(2) ALLOWABLE USES.—Grants awarded 

4 under this subsection may be may be used for— 

5 ‘‘(A) universal behavioral health needs and 

6 risk screening of defendants, including 

7 verification of interview information, mental 

8 health evaluation, and criminal history screen9 ing; 

10 ‘‘(B) assessment of risk of pretrial mis11 conduct through objective, statistically validated 

12 means, and presentation to the court of rec13 ommendations based on such assessment, in14 cluding services that will reduce the risk of pre15 trial misconduct; 

16 ‘‘(C) follow-up review of defendants unable 

17 to meet the conditions of release; 

18 ‘‘(D) evaluation of process and results of 

19 pretrial service programs; 

20 ‘‘(E) supervision of defendants who are on 

21 pretrial release, including reminders to defend22 ants of scheduled court dates; 

23 ‘‘(F) reporting on process and results of 

24 pretrial services programs to relevant public 

25 and private mental health stakeholders; and 


emcdonald on DSK67QTVN1PROD with BILLS
14 

•S 2002 IS

1 ‘‘(G) data collection and analysis necessary 

2 to make available information required for as3 sessment of risk. 

4 ‘‘(b) BEHAVIORAL HEALTH ASSESSMENTS AND

5 INTERVENTION.— 

6 ‘‘(1) IN GENERAL.—The Attorney General may 

7 award grants to States, units of local government, 

8 territories, Indian Tribes, nonprofit agencies, or any 

9 combination thereof, to develop, implement, or ex10 pand a behavioral health screening and assessment 

11 program framework for State or local criminal jus12 tice systems. 

13 ‘‘(2) ALLOWABLE USES.—Grants awarded 

14 under this subsection may be used for— 

15 ‘‘(A) promotion of the use of validated as16 sessment tools to gauge the criminogenic risk, 

17 substance abuse needs, and mental health needs 

18 of individuals; 

19 ‘‘(B) initiatives to match the risk factors 

20 and needs of individuals to programs and prac21 tices associated with research-based, positive 

22 outcomes; 

23 ‘‘(C) implementing methods for identifying 

24 and treating individuals who are most likely to 

25 benefit from coordinated supervision and treatVerDate Sep 11 2014 04:23 Aug 13, 2015 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S2002.IS S2002

emcdonald on DSK67QTVN1PROD with BILLS
15 

•S 2002 IS

1 ment strategies, and identifying individuals who 

2 can do well with fewer interventions; and 

3 ‘‘(D) collaborative decisionmaking among 

4 system leaders, including the relevant criminal 

5 justice agencies, mental health systems, judicial 

6 systems, and substance abuse systems, for de7 termining how treatment and intensive super8 vision services should be allocated in order to 

9 maximize benefits, and developing and utilizing 

10 capacity accordingly. 

11 ‘‘(c) RESTRICTIONS ON USE OF GRANT FUNDS.— 

12 ‘‘(1) IN GENERAL.—A State, unit of local gov13 ernment, territory, Indian Tribe, or nonprofit agency 

14 that receives a grant under this section shall, in ac15 cordance with subsection (b)(2), use grant funds for 

16 the expenses of a treatment program, including— 

17 ‘‘(A) salaries, personnel costs, equipment 

18 costs, and other costs directly related to the op19 eration of the program, including costs relating 

20 to enforcement; 

21 ‘‘(B) payments for treatment providers 

22 that are approved by the State or Indian Tribe 

23 and licensed, if necessary, to provide needed 

24 treatment to program participants, including 


emcdonald on DSK67QTVN1PROD with BILLS
16 

•S 2002 IS

1 aftercare supervision, vocational training, edu2 cation, and job placement; and 

3 ‘‘(C) payments to public and nonprofit pri4 vate entities that are approved by the State or 

5 Indian Tribe and licensed, if necessary, to pro6 vide alcohol and drug addiction treatment to of7 fenders participating in the program. 

8 ‘‘(d) SUPPLEMENT OF NON-FEDERAL FUNDS.— 

9 ‘‘(1) IN GENERAL.—Grants awarded under this 

10 section shall be used to supplement, and not sup11 plant, non-Federal funds that would otherwise be 

12 available for programs described in this section. 

13 ‘‘(2) FEDERAL SHARE.—The Federal share of a 

14 grant made under this section may not exceed 50 

15 percent of the total costs of the program described 

16 in an application under subsection (e). 

17 ‘‘(e) APPLICATIONS.—To request a grant under this 

18 section, a State, unit of local government, territory, Indian 

19 Tribe, or nonprofit agency shall submit an application to 

20 the Attorney General in such form and containing such 

21 information as the Attorney General may reasonably re22 quire. 

23 ‘‘(f) GEOGRAPHIC DISTRIBUTION.—The Attorney 

24 General shall ensure that, to the extent practicable, the 


emcdonald on DSK67QTVN1PROD with BILLS
17 

•S 2002 IS

1 distribution of grants under this section is equitable and 

2 includes— 

3 ‘‘(1) each State; and 

4 ‘‘(2) a unit of local government, territory, In5 dian Tribe, or nonprofit agency— 

6 ‘‘(A) in each State; and 

7 ‘‘(B) in rural, suburban, Tribal, and urban 

8 jurisdictions. 

9 ‘‘(g) REPORTS AND EVALUATIONS.—For each fiscal 

10 year, each grantee under this section during that fiscal 

11 year shall submit to the Attorney General a report on the 

12 effectiveness of activities carried out using such grant. 

13 Each report shall include an evaluation in such form and 

14 containing such information as the Attorney General may 

15 reasonably require. The Attorney General shall specify the 

16 dates on which such reports shall be submitted. 

17 ‘‘(h) ACCOUNTABILITY.—Grants awarded under this 

18 section shall be subject to the following accountability pro19 visions: 

20 ‘‘(1) AUDIT REQUIREMENT.— 

21 ‘‘(A) DEFINITION.—In this paragraph, the 

22 term ‘unresolved audit finding’ means a finding 

23 in the final audit report of the Inspector Gen24 eral of the Department of Justice under sub25 paragraph (C) that the audited grantee has 


emcdonald on DSK67QTVN1PROD with BILLS
18 

•S 2002 IS

1 used grant funds for an unauthorized expendi2 ture or otherwise unallowable cost that is not 

3 closed or resolved within 1 year after the date 

4 on which final audit report is issued. 

5 ‘‘(B) AUDITS.—Beginning in the first fis6 cal year beginning after the date of enactment 

7 of this section, and in each fiscal year there8 after, the Inspector General of the Department 

9 of Justice shall conduct audits of grantees 

10 under this section to prevent waste, fraud, and 

11 abuse of funds by grantees. The Inspector Gen12 eral shall determine the appropriate number of 

13 grantees to be audited each year. 

14 ‘‘(C) FINAL AUDIT REPORT.—The Inspec15 tor General of the Department of Justice shall 

16 submit a final report on each audit conducted 

17 under subparagraph (B). 

18 ‘‘(D) MANDATORY EXCLUSION.—Grantees 

19 under this section about which there is an unre20 solved audit finding shall not be eligible to re21 ceive a grant under this section during the 2 

22 fiscal years beginning after the end of the 1- 

23 year period described in subparagraph (A). 

24 ‘‘(E) PRIORITY.—In making grants under 

25 this section, the Attorney General shall give priVerDate Sep 11 2014 04:23 Aug 13, 2015 Jkt 049200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S2002.IS S2002

emcdonald on DSK67QTVN1PROD with BILLS
19 

•S 2002 IS

1 ority to applicants that did not have an unre2 solved audit finding during the 3 fiscal years 

3 before submitting an application for a grant 

4 under this section. 

5 ‘‘(F) REIMBURSEMENT.—If an entity re6 ceives a grant under this section during the 2- 

7 fiscal-year period during which the entity is 

8 prohibited from receiving grants under subpara9 graph (D), the Attorney General shall— 

10 ‘‘(i) deposit an amount equal to the 

11 amount of the grant that was improperly 

12 awarded to the grantee into the General 

13 Fund of the Treasury; and 

14 ‘‘(ii) seek to recoup the costs of the 

15 repayment under clause (i) from the grant16 ee that was erroneously awarded grant 

17 funds. 

18 ‘‘(2) NONPROFIT AGENCY REQUIREMENTS.— 

19 ‘‘(A) DEFINITION.—For purposes of this 

20 paragraph and the grant program under this 

21 section, the term ‘nonprofit agency’ means an 

22 organization that is described in section 

23 501(c)(3) of the Internal Revenue Code of 1986 

24 (26 U.S.C. 501(c)(3)) and is exempt from taxVerDate Sep 11 2014 04:23 Aug 13, 2015 Jkt 049200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S2002.IS S2002

emcdonald on DSK67QTVN1PROD with BILLS
20 

•S 2002 IS

1 ation under section 501(a) of the Internal Rev2 enue Code of 1986 (26 U.S.C. 501(a)). 

3 ‘‘(B) PROHIBITION.—The Attorney Gen4 eral may not award a grant under this section 

5 to a nonprofit agency that holds money in an 

6 offshore account for the purpose of avoiding 

7 paying the tax described in section 511(a) of 

8 the Internal Revenue Code of 1986 (26 U.S.C. 

9 511(a)). 

10 ‘‘(C) DISCLOSURE.—Each nonprofit agen11 cy that is awarded a grant under this section 

12 and uses the procedures prescribed in regula13 tions to create a rebuttable presumption of rea14 sonableness for the compensation of its officers, 

15 directors, trustees, and key employees, shall dis16 close to the Attorney General, in the application 

17 for the grant, the process for determining such 

18 compensation, including the independent per19 sons involved in reviewing and approving such 

20 compensation, the comparability data used, and 

21 contemporaneous substantiation of the delibera22 tion and decision. Upon request, the Attorney 

23 General shall make the information disclosed 

24 under this subparagraph available for public in25 spection. 


emcdonald on DSK67QTVN1PROD with BILLS
21 

•S 2002 IS

1 ‘‘(3) CONFERENCE EXPENDITURES.— 

2 ‘‘(A) LIMITATION.—Not more than 

3 $20,000 of the amounts made available to the 

4 Department of Justice to carry out this section 

5 may be used by the Attorney General, or by any 

6 individual or entity awarded a grant under this 

7 section to host, or make any expenditures relat8 ing to, a conference unless the Deputy Attorney 

9 General provides prior written authorization 

10 that the funds may be expended to host the 

11 conference or make such expenditure. 

12 ‘‘(B) WRITTEN APPROVAL.—Written ap13 proval under subparagraph (A) shall include a 

14 written estimate of all costs associated with the 

15 conference, including the cost of all food, bev16 erages, audio-visual equipment, honoraria for 

17 speakers, and entertainment. 

18 ‘‘(C) REPORT.—The Deputy Attorney Gen19 eral shall submit an annual report to the Com20 mittee on the Judiciary of the Senate and the 

21 Committee on the Judiciary of the House of 

22 Representatives on all conference expenditures 

23 approved under this paragraph. 

24 ‘‘(4) ANNUAL CERTIFICATION.—Beginning in 

25 the first fiscal year beginning after the date of enVerDate Sep 11 2014 04:23 Aug 13, 2015 Jkt 049200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S2002.IS S2002

emcdonald on DSK67QTVN1PROD with BILLS
22 

•S 2002 IS

1 actment of this subsection, the Attorney General 

2 shall submit to the Committee on the Judiciary and 

3 the Committee on Appropriations of the Senate and 

4 the Committee on the Judiciary and the Committee 

5 on Appropriations of the House of Representatives 

6 an annual certification— 

7 ‘‘(A) indicating whether— 

8 ‘‘(i) all final audit reports issued by 

9 the Office of the Inspector General under 

10 paragraph (1) have been completed and re11 viewed by the appropriate Assistant Attor12 ney General or Director; 

13 ‘‘(ii) all mandatory exclusions required 

14 under paragraph (1)(D) have been issued; 

15 and 

16 ‘‘(iii) any reimbursements required 

17 under paragraph (1)(F) have been made; 

18 and 

19 ‘‘(B) that includes a list of any grantees 

20 excluded under paragraph (1)(D) from the pre21 vious year. 

22 ‘‘(i) PREVENTING DUPLICATIVE GRANTS.— 

23 ‘‘(1) IN GENERAL.—Before the Attorney Gen24 eral awards a grant to an applicant under this sec25 tion, the Attorney General shall compare the posVerDate Sep 11 2014 04:23 Aug 13, 2015 Jkt 049200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S2002.IS S2002

emcdonald on DSK67QTVN1PROD with BILLS
23 

•S 2002 IS

1 sible grant with any other grants awarded to the ap2 plicant under this Act to determine whether the 

3 grants are for the same purpose. 

4 ‘‘(2) REPORT.—If the Attorney General awards 

5 multiple grants to the same applicant for the same 

6 purpose, the Attorney General shall submit to the 

7 Committee on the Judiciary of the Senate and the 

8 Committee on the Judiciary of the House of Rep9 resentatives a report that includes— 

10 ‘‘(A) a list of all duplicate grants awarded, 

11 including the total dollar amount of any such 

12 grants awarded; and 

13 ‘‘(B) the reason the Attorney General 

14 awarded the duplicate grants.’’. 

15 SEC. 105. FORENSIC ASSERTIVE COMMUNITY TREATMENT 

16 INITIATIVES. 

17 Section 2991 of the Omnibus Crime Control and Safe 

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

19 inserting after subsection (k), as added by section 205, 

20 the following: 

21 ‘‘(l) FORENSIC ASSERTIVE COMMUNITY TREATMENT

22 (FACT) INITIATIVE PROGRAM.— 

23 ‘‘(1) IN GENERAL.—The Attorney General may 

24 make grants to States, units of local government, 

25 territories, Indian Tribes, nonprofit agencies, or any 


emcdonald on DSK67QTVN1PROD with BILLS
24 

•S 2002 IS

1 combination thereof, to develop, implement, or ex2 pand Assertive Community Treatment initiatives to 

3 develop forensic assertive community treatment (re4 ferred to in this subsection as ‘FACT’) programs 

5 that provide high intensity services in the commu6 nity for individuals with mental illness with involve7 ment in the criminal justice system to prevent future 

8 incarcerations. 

9 ‘‘(2) ALLOWABLE USES.—Grant funds awarded 

10 under this subsection may be used for— 

11 ‘‘(A) multidisciplinary team initiatives for 

12 individuals with mental illnesses with criminal 

13 justice involvement that addresses criminal jus14 tice involvement as part of treatment protocols; 

15 ‘‘(B) FACT initiatives that involve mental 

16 health professionals, criminal justice agencies, 

17 chemical dependency specialists, nurses, psychi18 atrists, vocational specialists, forensic peer spe19 cialists, forensic specialists, and dedicated ad20 ministrative support staff who work together to 

21 provide recovery-oriented, 24/7 wraparound 

22 services; 

23 ‘‘(C) services such as integrated evidence24 based practices for the treatment of co-occur25 ring mental health and substance-related disVerDate Sep 11 2014 04:23 Aug 13, 2015 Jkt 049200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S2002.IS S2002

emcdonald on DSK67QTVN1PROD with BILLS
25 

•S 2002 IS

1 orders, assertive outreach and engagement, 

2 community-based service provision at partici3 pants’ residence or in the community, psy4 chiatric rehabilitation, recovery-oriented serv5 ices, services to address criminogenic risk fac6 tors, and community tenure; 

7 ‘‘(D) payments for treatment providers 

8 that are approved by the State or Indian Tribe 

9 and licensed, if necessary, to provide needed 

10 treatment to eligible offenders participating in 

11 the program, including behavioral health serv12 ices and aftercare supervision; and 

13 ‘‘(E) training for all FACT teams to pro14 mote high-fidelity practice principles and tech15 nical assistance to support effective and con16 tinuing integration with criminal justice agency 

17 partners. 

18 ‘‘(3) SUPPLEMENT AND NOT SUPPLANT.— 

19 Grants made under this subsection shall be used to 

20 supplement, and not supplant, non-Federal funds 

21 that would otherwise be available for programs de22 scribed in this subsection. 

23 ‘‘(4) APPLICATIONS.—To request a grant under 

24 this subsection, a State, unit of local government, 

25 territory, Indian Tribe, or nonprofit agency shall 


emcdonald on DSK67QTVN1PROD with BILLS
26 

•S 2002 IS

1 submit an application to the Attorney General in 

2 such form and containing such information as the 

3 Attorney General may reasonably require.’’. 

4 SEC. 106. ASSISTANCE FOR INDIVIDUALS TRANSITIONING 

5 OUT OF SYSTEMS. 

6 Section 2976(f) of title I of the Omnibus Crime Con7 trol and Safe Streets Act of 1968 (42 U.S.C. 3797w(f)) 

8 is amended— 

9 (1) in paragraph (5), by striking ‘‘and’’ at the 

10 end; and 

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

12 ‘‘(7) provide mental health treatment and tran13 sitional services for those with mental illnesses or 

14 with co-occurring disorders, including housing place15 ment or assistance; and’’. 

16 SEC. 107. CO-OCCURRING SUBSTANCE ABUSE AND MENTAL 

17 HEALTH CHALLENGES IN DRUG COURTS. 

18 Part EE of title I of Omnibus Crime Control and 

19 Safe Streets Act of 1968 (42 U.S.C. 3797u et seq.) is 

20 amended— 

21 (1) in section 2951(a)(1) (42 U.S.C. 

22 3797u(a)(1)), by inserting ‘‘, including co-occurring 

23 substance abuse and mental health problems,’’ after 

24 ‘‘problems’’; and 


emcdonald on DSK67QTVN1PROD with BILLS
27 

•S 2002 IS

1 (2) in section 2959(a) (42 U.S.C. 3797u–8(a)), 

2 by inserting ‘‘, including training for drug court per3 sonnel and officials on identifying and addressing co4 occurring substance abuse and mental health prob5 lems’’ after ‘‘part’’. 

6 SEC. 108. MENTAL HEALTH TRAINING FOR FEDERAL UNI7 FORMED SERVICES. 

8 (a) IN GENERAL.—Not later than 180 days after the 

9 date of enactment of this Act, the Secretary of Defense, 

10 the Secretary of Homeland Security, the Secretary of 

11 Health and Human Services, and the Secretary of Com12 merce shall provide the following to each of the uniformed 

13 services (as that term is defined in section 101 of title 

14 10, United States Code) under their direction: 

15 (1) TRAINING PROGRAMS.—Programs that offer 

16 specialized and comprehensive training in procedures 

17 to identify and respond appropriately to incidents in 

18 which the unique needs of individuals with mental 

19 illnesses are involved. 

20 (2) IMPROVED TECHNOLOGY.—Computerized 

21 information systems or technological improvements 

22 to provide timely information to Federal law enforce23 ment personnel, other branches of the uniformed 

24 services, and criminal justice system personnel to 


emcdonald on DSK67QTVN1PROD with BILLS
28 

•S 2002 IS

1 improve the Federal response to mentally ill individ2 uals. 

3 (3) COOPERATIVE PROGRAMS.—The establish4 ment and expansion of cooperative efforts to pro5 mote public safety through the use of effective inter6 vention with respect to mentally ill individuals en7 countered by members of the uniformed services. 

8 SEC. 109. ADVANCING MENTAL HEALTH AS PART OF OF9 FENDER REENTRY. 

10 (a) REENTRY DEMONSTRATION PROJECTS.—Section 

11 2976(f) of title I of the Omnibus Crime Control and Safe 

12 Streets Act of 1968 (42 U.S.C. 3797w(f)), as amended 

13 by section 106, is amended— 

14 (1) in paragraph (3)(C), by inserting ‘‘mental 

15 health services,’’ before ‘‘drug treatment’’; and 

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

17 ‘‘(8) target offenders with histories of homeless18 ness, substance abuse, or mental illness, including a 

19 prerelease assessment of the housing status of the 

20 offender and behavioral health needs of the offender 

21 with clear coordination with mental health, sub22 stance abuse, and homelessness services systems to 

23 achieve stable and permanent housing outcomes with 

24 appropriate support service.’’. 


emcdonald on DSK67QTVN1PROD with BILLS
29 

•S 2002 IS

1 (b) MENTORING GRANTS.—Section 211(b)(2) of the 

2 Second Chance Act of 2007 (42 U.S.C. 17531(b)(2)) is 

3 amended by inserting ‘‘, including mental health care’’ 

4 after ‘‘community’’. 

5 SEC. 110. SCHOOL MENTAL HEALTH CRISIS INTERVENTION 

6 TEAMS. 

7 Section 2701 of title I of Omnibus Crime Control and 

8 Safe Streets Act of 1968 (42 U.S.C. 3797a(b)) is amended 

9 by— 

10 (1) redesignating paragraphs (4) and (5) as 

11 paragraphs (5) and (6), respectively; and 

12 (2) inserting after paragraph (3) the following: 

13 ‘‘(4) the development and operation of crisis 

14 intervention teams that may include coordination 

15 with law enforcement agencies and specialized train16 ing for school officials in responding to mental 

17 health crises.’’. 

18 SEC. 111. ACTIVE-SHOOTER TRAINING FOR LAW ENFORCE19 MENT. 

20 The Attorney General, as part of the Preventing Vio21 lence Against Law Enforcement and Ensuring Officer Re22 silience and Survivability Initiative (VALOR) of the De23 partment of Justice, may provide safety training and tech24 nical assistance to local law enforcement agencies, includ25 ing active-shooter response training. 


emcdonald on DSK67QTVN1PROD with BILLS
30 

•S 2002 IS

1 SEC. 112. CO-OCCURRING SUBSTANCE ABUSE AND MENTAL 

2 HEALTH CHALLENGES IN RESIDENTIAL SUB3 STANCE ABUSE TREATMENT PROGRAMS. 

4 Section 1901(a) of title I of Omnibus Crime Control 

5 and Safe Streets Act of 1968 (42 U.S.C. 3796ff(a)) is 

6 amended— 

7 (1) in paragraph (1), by striking ‘‘and’’ at the 

8 end; 

9 (2) in paragraph (2), by striking the period at 

10 the end and inserting ‘‘; and’’; and 

11 (3) by adding at the end the following: 

12 ‘‘(3) developing and implementing specialized 

13 residential substance abuse treatment programs that 

14 identify and provide appropriate treatment to in15 mates with co-occurring mental health and sub16 stance abuse disorders or challenges.’’. 

17 SEC. 113. MENTAL HEALTH AND DRUG TREATMENT ALTER18 NATIVES TO INCARCERATION PROGRAMS. 

19 Title I of the Omnibus Crime Control and Safe 

20 Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended 

21 by striking part CC and inserting the following: 


emcdonald on DSK67QTVN1PROD with BILLS
31 

•S 2002 IS

1 ‘‘PART CC—MENTAL HEALTH AND DRUG TREAT2 MENT ALTERNATIVES TO INCARCERATION 

3 PROGRAMS 

4 ‘‘SEC. 2901. MENTAL HEALTH AND DRUG TREATMENT AL5 TERNATIVES TO INCARCERATION PRO6 GRAMS. 

7 ‘‘(a) DEFINITIONS.—In this section— 

8 ‘‘(1) the term ‘eligible entity’ means a State, 

9 unit of local government, Indian Tribe, or nonprofit 

10 organization; and 

11 ‘‘(2) the term ‘eligible participant’ means an in12 dividual who— 

13 ‘‘(A) comes into contact with the criminal 

14 justice system or is charged with an offense; 

15 ‘‘(B) has a history of or a current— 

16 ‘‘(i) substance use disorder; 

17 ‘‘(ii) mental illness; or 

18 ‘‘(iii) co-occurring mental illness and 

19 substance use disorders; and 

20 ‘‘(C) has been approved for participation in 

21 a program funded under this section by, the rel22 evant law enforcement agency, prosecuting at23 torney, defense attorney, probation official, cor24 rections official, judge, representative of a men25 tal health agency, or representative of a sub26 stance abuse agency. 


emcdonald on DSK67QTVN1PROD with BILLS
32 

•S 2002 IS

1 ‘‘(b) PROGRAM AUTHORIZED.—The Attorney General 

2 may make grants to eligible entities to develop, implement, 

3 or expand a treatment alternative to incarceration pro4 gram for eligible participants, including— 

5 ‘‘(1) pre-booking treatment alternative to incar6 ceration programs, including— 

7 ‘‘(A) law enforcement training on sub8 stance use disorders, mental illness, and co-oc9 curring mental illness and substance use dis10 orders; 

11 ‘‘(B) receiving centers as alternatives to in12 carceration of eligible participants; 

13 ‘‘(C) specialized response units for calls re14 lated to substance use disorders, mental illness, 

15 or co-occurring mental illness and substance 

16 use disorders; and 

17 ‘‘(D) other arrest and pre-booking treat18 ment alternatives to incarceration models; or 

19 ‘‘(2) post-booking treatment alternative to in20 carceration programs, including— 

21 ‘‘(A) specialized clinical case management; 

22 ‘‘(B) pretrial services related to substances 

23 use disorders, mental illness, and co-occurring 

24 mental illness and substance use disorders; 


emcdonald on DSK67QTVN1PROD with BILLS
33 

•S 2002 IS

1 ‘‘(C) prosecutor and defender based pro2 grams; 

3 ‘‘(D) specialized probation; 

4 ‘‘(E) treatment and rehabilitation pro5 grams; and 

6 ‘‘(F) problem-solving courts, including 

7 mental health courts, drug courts, co-occuring 

8 mental health and substance abuse courts, DWI 

9 courts, and veterans treatment courts. 

10 ‘‘(c) APPLICATION.— 

11 ‘‘(1) IN GENERAL.—An eligible entity desiring a 

12 grant under this section shall submit an application 

13 to the Attorney General— 

14 ‘‘(A) that meets the criteria under para15 graph (2); and 

16 ‘‘(B) at such time, in such manner, and 

17 accompanied by such information as the Attor18 ney General may require. 

19 ‘‘(2) CRITERIA.—An eligible entity, in submit20 ting an application under paragraph (1), shall— 

21 ‘‘(A) provide extensive evidence of collabo22 ration with State and local government agencies 

23 overseeing health, community corrections, 

24 courts, prosecution, substance abuse, mental 

25 health, victims services, and employment servVerDate Sep 11 2014 04:23 Aug 13, 2015 Jkt 049200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S2002.IS S2002

emcdonald on DSK67QTVN1PROD with BILLS
34 

•S 2002 IS

1 ices, and with local law enforcement agencies; 

2 and 

3 ‘‘(B) demonstrate consultation with the 

4 Single State Authority for Substance Abuse; 

5 ‘‘(C) demonstrate that evidence-based 

6 treatment practices will be utilized; and 

7 ‘‘(D) demonstrate that evidenced-based 

8 screening and assessment tools will be used to 

9 place participants in the treatment alternative 

10 to incarceration program. 

11 ‘‘(d) REQUIREMENTS.—Each eligible entity awarded 

12 a grant for a treatment alternative to incarceration pro13 gram under this section shall— 

14 ‘‘(1) determine the terms and conditions of par15 ticipation in the program by eligible participants, 

16 taking into consideration the collateral consequences 

17 of an arrest, prosecution or criminal conviction; 

18 ‘‘(2) ensure that each substance abuse and 

19 mental health treatment component is licensed and 

20 qualified by the relevant jurisdiction; 

21 ‘‘(3) for programs described in subsection 

22 (b)(2), organize an enforcement unit comprised of 

23 appropriately trained law enforcement professionals 

24 under the supervision of the State, Tribal, or local 


emcdonald on DSK67QTVN1PROD with BILLS
35 

•S 2002 IS

1 criminal justice agency involved, the duties of which 

2 shall include— 

3 ‘‘(A) the verification of addresses and 

4 other contacts of each eligible participant who 

5 participates or desires to participate in the pro6 gram; and 

7 ‘‘(B) if necessary, the location, apprehen8 sion, arrest, and return to court of an eligible 

9 participant in the program who has absconded 

10 from the facility of a treatment provider or has 

11 otherwise significantly violated the terms and 

12 conditions of the program, consistent with Fed13 eral and State confidentiality requirements; 

14 ‘‘(4) notify the relevant criminal justice entity if 

15 any eligible participant in the program absconds 

16 from the facility of the treatment provider or other17 wise violates the terms and conditions of the pro18 gram, consistent with Federal and State confiden19 tiality requirements; 

20 ‘‘(5) submit periodic reports on the progress of 

21 treatment or other measured outcomes from partici22 pation in the program of each eligible offender par23 ticipating in the program to the relevant State, Trib24 al, or local criminal justice agency, including mental 

25 health courts, drug courts, co-occurring mental 


emcdonald on DSK67QTVN1PROD with BILLS
36 

•S 2002 IS

1 health and substance abuse courts, DWI courts, and 

2 veterans treatment courts; 

3 ‘‘(6) describe the evidence-based methodology 

4 and outcome measurements that will be used to 

5 evaluate the program, and specifically explain how 

6 such measurements will provide valid measures of 

7 the impact of the program; and 

8 ‘‘(7) describe how the program could be broadly 

9 replicated if demonstrated to be effective. 

10 ‘‘(e) USE OF FUNDS.—An eligible entity shall use a 

11 grant received under this section for expenses of a treat12 ment alternative to incarceration program, including— 

13 ‘‘(1) salaries, personnel costs, equipment costs, 

14 and other costs directly related to the operation of 

15 the program, including the enforcement unit; 

16 ‘‘(2) payments for treatment providers that are 

17 approved by the relevant State or Tribal jurisdiction 

18 and licensed, if necessary, to provide needed treat19 ment to eligible offenders participating in the pro20 gram, including aftercare supervision, vocational 

21 training, education, and job placement; and 

22 ‘‘(3) payments to public and nonprofit private 

23 entities that are approved by the State or Tribal ju24 risdiction and licensed, if necessary, to provide alcoVerDate Sep 11 2014 04:23 Aug 13, 2015 Jkt 049200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S2002.IS S2002

emcdonald on DSK67QTVN1PROD with BILLS
37 

•S 2002 IS

1 hol and drug addiction treatment to eligible offend2 ers participating in the program. 

3 ‘‘(f) SUPPLEMENT NOT SUPPLANT.—An eligible enti4 ty shall use Federal funds received under this section only 

5 to supplement the funds that would, in the absence of 

6 those Federal funds, be made available from other Federal 

7 and non-Federal sources for the activities described in this 

8 section, and not to supplant those funds. The Federal 

9 share of a grant made under this section may not exceed 

10 50 percent of the total costs of the program described in 

11 an application under subsection (d). 

12 ‘‘(g) GEOGRAPHIC DISTRIBUTION.—The Attorney 

13 General shall ensure that, to the extent practicable, the 

14 geographical distribution of grants under this section is 

15 equitable and includes a grant to an eligible entity in— 

16 ‘‘(1) each State; 

17 ‘‘(2) rural, suburban, and urban areas; and 

18 ‘‘(3) Tribal jurisdictions. 

19 ‘‘(h) REPORTS AND EVALUATIONS.—Each fiscal 

20 year, each recipient of a grant under this section during 

21 that fiscal year shall submit to the Attorney General a 

22 report on the outcomes of activities carried out using that 

23 grant in such form, containing such information, and on 

24 such dates as the Attorney General shall specify. 


emcdonald on DSK67QTVN1PROD with BILLS
38 

•S 2002 IS

1 ‘‘(i) ACCOUNTABILITY.—All grants awarded by the 

2 Attorney General under this section shall be subject to the 

3 following accountability provisions: 

4 ‘‘(1) AUDIT REQUIREMENT.— 

5 ‘‘(A) DEFINITION.—In this paragraph, the 

6 term ‘unresolved audit finding’ means a finding 

7 in the final audit report of the Inspector Gen8 eral of the Department of Justice that the au9 dited grantee has utilized grant funds for an 

10 unauthorized expenditure or otherwise unallow11 able cost that is not closed or resolved within 

12 12 months from the date on which the final 

13 audit report is issued. 

14 ‘‘(B) AUDITS.—Beginning in the first fis15 cal year beginning after the date of enactment 

16 of this subsection, and in each fiscal year there17 after, the Inspector General of the Department 

18 of Justice shall conduct audits of recipients of 

19 grants under this section to prevent waste, 

20 fraud, and abuse of funds by grantees. The In21 spector General shall determine the appropriate 

22 number of grantees to be audited each year. 

23 ‘‘(C) MANDATORY EXCLUSION.—A recipi24 ent of grant funds under this section that is 

25 found to have an unresolved audit finding shall 


emcdonald on DSK67QTVN1PROD with BILLS
39 

•S 2002 IS

1 not be eligible to receive grant funds under this 

2 section during the first 2 fiscal years beginning 

3 after the end of the 12-month period described 

4 in subparagraph (A). 

5 ‘‘(D) PRIORITY.—In awarding grants 

6 under this section, the Attorney General shall 

7 give priority to eligible applicants that did not 

8 have an unresolved audit finding during the 3 

9 fiscal years before submitting an application for 

10 a grant under this section. 

11 ‘‘(E) REIMBURSEMENT.—If an entity is 

12 awarded grant funds under this section during 

13 the 2-fiscal-year period during which the entity 

14 is barred from receiving grants under subpara15 graph (C), the Attorney General shall— 

16 ‘‘(i) deposit an amount equal to the 

17 amount of the grant funds that were im18 properly awarded to the grantee into the 

19 General Fund of the Treasury; and 

20 ‘‘(ii) seek to recoup the costs of the 

21 repayment to the fund from the grant re22 cipient that was erroneously awarded grant 

23 funds. 

24 ‘‘(2) NONPROFIT ORGANIZATION REQUIRE25 MENTS.— 


emcdonald on DSK67QTVN1PROD with BILLS
40 

•S 2002 IS

1 ‘‘(A) DEFINITION.—For purposes of this 

2 paragraph and the grant programs under this 

3 part, the term ‘nonprofit organization’ means 

4 an organization that is described in section 

5 501(c)(3) of the Internal Revenue Code of 1986 

6 and is exempt from taxation under section 

7 501(a) of such Code. 

8 ‘‘(B) PROHIBITION.—The Attorney Gen9 eral may not award a grant under this part to 

10 a nonprofit organization that holds money in 

11 offshore accounts for the purpose of avoiding 

12 paying the tax described in section 511(a) of 

13 the Internal Revenue Code of 1986. 

14 ‘‘(C) DISCLOSURE.—Each nonprofit orga15 nization that is awarded a grant under this sec16 tion and uses the procedures prescribed in regu17 lations to create a rebuttable presumption of 

18 reasonableness for the compensation of its offi19 cers, directors, trustees, and key employees, 

20 shall disclose to the Attorney General, in the 

21 application for the grant, the process for deter22 mining such compensation, including the inde23 pendent persons involved in reviewing and ap24 proving such compensation, the comparability 

25 data used, and contemporaneous substantiation 


emcdonald on DSK67QTVN1PROD with BILLS
41 

•S 2002 IS

1 of the deliberation and decision. Upon request, 

2 the Attorney General shall make the informa3 tion disclosed under this subparagraph available 

4 for public inspection. 

5 ‘‘(3) CONFERENCE EXPENDITURES.— 

6 ‘‘(A) LIMITATION.—No amounts made 

7 available to the Department of Justice under 

8 this section may be used by the Attorney Gen9 eral, or by any individual or entity awarded dis10 cretionary funds through a cooperative agree11 ment under this section, to host or support any 

12 expenditure for conferences that uses more than 

13 $20,000 in funds made available by the Depart14 ment of Justice, unless the head of the relevant 

15 agency or department, provides prior written 

16 authorization that the funds may be expended 

17 to host the conference. 

18 ‘‘(B) WRITTEN APPROVAL.—Written ap19 proval under subparagraph (A) shall include a 

20 written estimate of all costs associated with the 

21 conference, including the cost of all food, bev22 erages, audio-visual equipment, honoraria for 

23 speakers, and entertainment. 

24 ‘‘(C) REPORT.—The Deputy Attorney Gen25 eral shall submit an annual report to the ComVerDate Sep 11 2014 04:23 Aug 13, 2015 Jkt 049200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S2002.IS S2002

emcdonald on DSK67QTVN1PROD with BILLS
42 

•S 2002 IS

1 mittee on the Judiciary of the Senate and the 

2 Committee on the Judiciary of the House of 

3 Representatives on all conference expenditures 

4 approved under this paragraph. 

5 ‘‘(4) ANNUAL CERTIFICATION.—Beginning in 

6 the first fiscal year beginning after the date of en7 actment of this subsection, the Attorney General 

8 shall submit, to the Committee on the Judiciary and 

9 the Committee on Appropriations of the Senate and 

10 the Committee on the Judiciary and the Committee 

11 on Appropriations of the House of Representatives, 

12 an annual certification— 

13 ‘‘(A) indicating whether— 

14 ‘‘(i) all audits issued by the Office of 

15 the Inspector General under paragraph (1) 

16 have been completed and reviewed by the 

17 appropriate Assistant Attorney General or 

18 Director; 

19 ‘‘(ii) all mandatory exclusions required 

20 under paragraph (1)(C) have been issued; 

21 and 

22 ‘‘(iii) all reimbursements required 

23 under paragraph (1)(E) have been made; 

24 and 


emcdonald on DSK67QTVN1PROD with BILLS
43 

•S 2002 IS

1 ‘‘(B) that includes a list of any grant re2 cipients excluded under paragraph (1) from the 

3 previous year. 

4 ‘‘(5) PREVENTING DUPLICATIVE GRANTS.— 

5 ‘‘(A) IN GENERAL.—Before the Attorney 

6 General awards a grant to an applicant under 

7 this section, the Attorney General shall compare 

8 potential grant awards with other grants 

9 awarded under this Act to determine if dupli10 cate grant awards are awarded for the same 

11 purpose. 

12 ‘‘(B) REPORT.—If the Attorney General 

13 awards duplicate grants to the same applicant 

14 for the same purpose the Attorney General shall 

15 submit to the Committee on the Judiciary of 

16 the Senate and the Committee on the Judiciary 

17 of the House of Representatives a report that 

18 includes— 

19 ‘‘(i) a list of all duplicate grants 

20 awarded, including the total dollar amount 

21 of any duplicate grants awarded; and 

22 ‘‘(ii) the reason the Attorney General 

23 awarded the duplicate grants.’’. 


emcdonald on DSK67QTVN1PROD with BILLS
44 

•S 2002 IS

1 SEC. 114. NATIONAL CRIMINAL JUSTICE AND MENTAL 

2 HEALTH TRAINING AND TECHNICAL ASSIST3 ANCE. 

4 Part HH of title I of the Omnibus Crime Control and 

5 Safe Streets Act of 1968 (42 U.S.C. 3797aa et seq.) is 

6 amended by adding at the end the following: 

7 ‘‘SEC. 2992. NATIONAL CRIMINAL JUSTICE AND MENTAL 

8 HEALTH TRAINING AND TECHNICAL ASSIST9 ANCE. 

10 ‘‘(a) AUTHORITY.—The Attorney General may make 

11 grants to eligible organizations to provide for the estab12 lishment of a National Criminal Justice and Mental 

13 Health Training and Technical Assistance Center. 

14 ‘‘(b) ELIGIBLE ORGANIZATION.—For purposes of 

15 subsection (a), the term ‘eligible organization’ means a na16 tional nonprofit organization that provides technical as17 sistance and training to, and has special expertise and 

18 broad, national-level experience in, mental health, crisis 

19 intervention, criminal justice systems, law enforcement, 

20 translating evidence into practice, training, and research, 

21 and education and support of people with mental illness 

22 and the families of such individuals. 

23 ‘‘(c) USE OF FUNDS.—Any organization that receives 

24 a grant under subsection (a) shall establish and operate 

25 a National Criminal Justice and Mental Health Training 

26 and Technical Assistance Center to— 


emcdonald on DSK67QTVN1PROD with BILLS
45 

•S 2002 IS

1 ‘‘(1) provide law enforcement officer training 

2 regarding mental health and working with individ3 uals with mental illnesses, with an emphasis on de4 escalation of encounters between law enforcement of5 ficers and those with mental disorders or in crisis, 

6 which shall include support of the development of in7 person and technical information exchanges between 

8 systems and the individuals working in those sys9 tems in support of the concepts identified in the 

10 training; 

11 ‘‘(2) provide education, training, and technical 

12 assistance for States, Indian Tribes, territories, 

13 units of local government, service providers, non14 profit organizations, probation or parole officers, 

15 prosecutors, defense attorneys, emergency response 

16 providers, and corrections institutions to advance 

17 practice and knowledge relating to mental health cri18 sis and approaches to mental health and criminal 

19 justice across systems; 

20 ‘‘(3) provide training and best practices around 

21 relating to diversion initiatives, jail and prison strat22 egies, reentry of individuals with mental illnesses in 

23 into the community, and dispatch protocols and 

24 triage capabilities, including the establishment of 

25 learning sites; 


emcdonald on DSK67QTVN1PROD with BILLS
46 

•S 2002 IS

1 ‘‘(4) develop suicide prevention and crisis inter2 vention training and technical assistance for criminal 

3 justice agencies; 

4 ‘‘(5) develop a receiving center system and pilot 

5 strategy that provides a single point of entry into 

6 the mental health and substance abuse system for 

7 assessments and appropriate placement of individ8 uals experiencing a crisis; 

9 ‘‘(6) collect data and best practices in mental 

10 health and criminal health and criminal justice ini11 tiatives and policies from grantees under this part, 

12 other recipients of grants under this section, Fed13 eral, State, and local agencies involved in the provi14 sion of mental health services, and non-governmental 

15 organizations involved in the provision of mental 

16 health services; 

17 ‘‘(7) develop and disseminate evaluation tools, 

18 mechanisms, and measures to better assess and doc19 ument performance measures and outcomes; 

20 ‘‘(8) disseminate information to States, units of 

21 local government, criminal justice agencies, law en22 forcement agencies, and other relevant entities about 

23 best practices, policy standards, and research find24 ings; and 


emcdonald on DSK67QTVN1PROD with BILLS
47 

•S 2002 IS

1 ‘‘(9) provide education and support to individ2 uals with mental illness involved with, or at risk of 

3 involvement with, the criminal justice system, includ4 ing the families of such individuals. 

5 ‘‘(d) ACCOUNTABILITY.—Grants awarded under this 

6 section shall be subject to the following accountability pro7 visions: 

8 ‘‘(1) AUDIT REQUIREMENT.— 

9 ‘‘(A) DEFINITION.—In this paragraph, the 

10 term ‘unresolved audit finding’ means a finding 

11 in the final audit report of the Inspector Gen12 eral of the Department of Justice under sub13 paragraph (C) that the audited grantee has 

14 used grant funds for an unauthorized expendi15 ture or otherwise unallowable cost that is not 

16 closed or resolved within 1 year after the date 

17 on which the final audit report is issued. 

18 ‘‘(B) AUDITS.—Beginning in the first fis19 cal year beginning after the date of enactment 

20 of this section, and in each fiscal year there21 after, the Inspector General of the Department 

22 of Justice shall conduct audits of grantees 

23 under this section to prevent waste, fraud, and 

24 abuse of funds by grantees. The Inspector GenVerDate Sep 11 2014 04:23 Aug 13, 2015 Jkt 049200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S2002.IS S2002

emcdonald on DSK67QTVN1PROD with BILLS
48 

•S 2002 IS

1 eral shall determine the appropriate number of 

2 grantees to be audited each year. 

3 ‘‘(C) FINAL AUDIT REPORT.—The Inspec4 tor General of the Department of Justice shall 

5 submit a final report on each audit conducted 

6 under subparagraph (B). 

7 ‘‘(D) MANDATORY EXCLUSION.—Grantees 

8 under this section about which there is an unre9 solved audit finding shall not be eligible to re10 ceive a grant under this section during the 2 

11 fiscal years beginning after the end of the 1- 

12 year period described in subparagraph (A). 

13 ‘‘(E) PRIORITY.—In making grants under 

14 this section, the Attorney General shall give pri15 ority to applicants that did not have an unre16 solved audit finding during the 3 fiscal years 

17 before submitting an application for a grant 

18 under this section. 

19 ‘‘(F) REIMBURSEMENT.—If an entity re20 ceives a grant under this section during the 2- 

21 fiscal-year period during which the entity is 

22 prohibited from receiving grants under subpara23 graph (D), the Attorney General shall— 

24 ‘‘(i) deposit an amount equal to the 

25 amount of the grant that was improperly 


emcdonald on DSK67QTVN1PROD with BILLS
49 

•S 2002 IS

1 awarded to the grantee into the General 

2 Fund of the Treasury; and 

3 ‘‘(ii) seek to recoup the costs of the 

4 repayment under clause (i) from the grant5 ee that was erroneously awarded grant 

6 funds. 

7 ‘‘(2) NONPROFIT AGENCY REQUIREMENTS.— 

8 ‘‘(A) DEFINITION.—For purposes of this 

9 paragraph and the grant program under this 

10 section, the term ‘nonprofit agency’ means an 

11 organization that is described in section 

12 501(c)(3) of the Internal Revenue Code of 1986 

13 (26 U.S.C. 501(c)(3)) and is exempt from tax14 ation under section 501(a) of the Internal Rev15 enue Code of 1986 (26 U.S.C. 501(a)). 

16 ‘‘(B) PROHIBITION.—The Attorney Gen17 eral may not award a grant under this section 

18 to a nonprofit agency that holds money in an 

19 offshore account for the purpose of avoiding 

20 paying the tax described in section 511(a) of 

21 the Internal Revenue Code of 1986 (26 U.S.C. 

22 511(a)). 

23 ‘‘(C) DISCLOSURE.—Each nonprofit agen24 cy that is awarded a grant under this section 

25 and uses the procedures prescribed in regulaVerDate Sep 11 2014 04:23 Aug 13, 2015 Jkt 049200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S2002.IS S2002

emcdonald on DSK67QTVN1PROD with BILLS
50 

•S 2002 IS

1 tions to create a rebuttable presumption of rea2 sonableness for the compensation of its officers, 

3 directors, trustees, and key employees, shall dis4 close to the Attorney General, in the application 

5 for the grant, the process for determining such 

6 compensation, including the independent per7 sons involved in reviewing and approving such 

8 compensation, the comparability data used, and 

9 contemporaneous substantiation of the delibera10 tion and decision. Upon request, the Attorney 

11 General shall make the information disclosed 

12 under this subparagraph available for public in13 spection. 

14 ‘‘(3) CONFERENCE EXPENDITURES.— 

15 ‘‘(A) LIMITATION.—No amounts made 

16 available to the Department of Justice under 

17 this section may be used by the Attorney Gen18 eral, or by any individual or entity awarded dis19 cretionary funds through a cooperative agree20 ment under this section, to host or support any 

21 expenditure for conferences that use more than 

22 $20,000 in funds made available by the Depart23 ment of Justice, unless the head of the relevant 

24 agency or department, provides prior written 


emcdonald on DSK67QTVN1PROD with BILLS
51 

•S 2002 IS

1 authorization that the funds may be expended 

2 to host the conference. 

3 ‘‘(B) WRITTEN APPROVAL.—Written ap4 proval under subparagraph (A) shall include a 

5 written estimate of all costs associated with the 

6 conference, including the cost of all food, bev7 erages, audio-visual equipment, honoraria for 

8 speakers, and entertainment. 

9 ‘‘(C) REPORT.—The Deputy Attorney Gen10 eral shall submit an annual report to the Com11 mittee on the Judiciary of the Senate and the 

12 Committee on the Judiciary of the House of 

13 Representatives on all conference expenditures 

14 approved under this paragraph. 

15 ‘‘(4) ANNUAL CERTIFICATION.—Beginning in 

16 the first fiscal year beginning after the date of en17 actment of this subsection, the Attorney General 

18 shall submit to the Committee on the Judiciary and 

19 the Committee on Appropriations of the Senate and 

20 the Committee on the Judiciary and the Committee 

21 on Appropriations of the House of Representatives 

22 an annual certification— 

23 ‘‘(A) indicating whether— 

24 ‘‘(i) all final audit reports issued by 

25 the Office of the Inspector General under 


emcdonald on DSK67QTVN1PROD with BILLS
52 

•S 2002 IS

1 paragraph (1) have been completed and re2 viewed by the appropriate Assistant Attor3 ney General or Director; 

4 ‘‘(ii) all mandatory exclusions required 

5 under paragraph (1)(D) have been issued; 

6 and 

7 ‘‘(iii) any reimbursements required 

8 under paragraph (1)(F) have been made; 

9 and 

10 ‘‘(B) that includes a list of any grantees 

11 excluded under paragraph (1)(D) from the pre12 vious year. 

13 ‘‘(5) PREVENTING DUPLICATIVE GRANTS.— 

14 ‘‘(A) IN GENERAL.—Before the Attorney 

15 General awards a grant to an applicant under 

16 this section, the Attorney General shall compare 

17 potential grant awards with other grants 

18 awarded under this Act to determine if dupli19 cate grant awards are awarded for the same 

20 purpose. 

21 ‘‘(B) REPORT.—If the Attorney General 

22 awards duplicate grants to the same applicant 

23 for the same purpose the Attorney General shall 

24 submit to the Committee on the Judiciary of 

25 the Senate and the Committee on the Judiciary 


emcdonald on DSK67QTVN1PROD with BILLS
53 

•S 2002 IS

1 of the House of Representatives a report that 

2 includes— 

3 ‘‘(i) a list of all duplicate grants 

4 awarded, including the total dollar amount 

5 of any duplicate grants awarded; and 

6 ‘‘(ii) the reason the Attorney General 

7 awarded the duplicate grants.’’. 

8 SEC. 115. IMPROVING DEPARTMENT OF JUSTICE DATA COL9 LECTION ON MENTAL ILLNESS INVOLVED IN 

10 CRIME. 

11 (a) IN GENERAL.—Notwithstanding any other provi12 sion of law, on or after the date that is 90 days after the 

13 date on which the Attorney General promulgates regula14 tions under subsection (b), any data prepared by, or sub15 mitted to, the Attorney General or the Director of the 

16 Federal Bureau of Investigation with respect to the 

17 incidences of homicides, law enforcement officers killed, 

18 seriously injured, and assaulted, or individuals killed or 

19 seriously injured by law enforcement officers shall include 

20 data with respect to the involvement of mental illness in 

21 such incidences, if any. 

22 (b) REGULATIONS.—Not later than 90 days after the 

23 date of the enactment of this Act, the Attorney General 

24 shall promulgate or revise regulations as necessary to 

25 carry out subsection (a). 


emcdonald on DSK67QTVN1PROD with BILLS
54 

•S 2002 IS

1 SEC. 116. REPORTS ON THE NUMBER OF MENTALLY ILL OF2 FENDERS IN PRISON. 

3 (a) REPORT ON THE COST OF TREATING THE MEN4 TALLY ILL IN THE CRIMINAL JUSTICE SYSTEM.—Not 

5 later than 12 months after the date of enactment of this 

6 Act, the Comptroller General of the United States shall 

7 submit to Congress a report detailing the cost of imprison8 ment for individuals who have serious mental illness by 

9 the Federal Government or a State or unit of local govern10 ment, which shall include— 

11 (1) the number and type of crimes committed 

12 by individuals with serious mental illness each year; 

13 and 

14 (2) detailed strategies or ideas for preventing 

15 crimes by those individuals with serious mental ill16 ness from occurring. 

17 (b) DEFINITION.—For purposes of this section, the 

18 Attorney General, in consultation with the Assistant Sec19 retary of Mental Health and Substance Use Disorders 

20 shall defined ‘‘serious mental illness’’ based on the 

21 ‘‘Health Care Reform for Americans with Severe Mental 

22 Illnesses: Report’’ of the National Advisory Mental Health 

23 Council, American Journal of Psychiatry 1993; 150:1447– 

24 1465. 


emcdonald on DSK67QTVN1PROD with BILLS
55 

•S 2002 IS

1 TITLE II—COMPREHENSIVE JUS2 TICE AND MENTAL HEALTH 

3 ACT 

4 SEC. 201. SHORT TITLE. 

5 This title may be cited as the ‘‘Comprehensive Justice 

6 and Mental Health Act of 2015’’. 

7 SEC. 202. FINDINGS. 

8 Congress finds the following: 

9 (1) An estimated 2,000,000 individuals with se10 rious mental illnesses are booked into jails each 

11 year, resulting in prevalence rates of serious mental 

12 illness in jails that are 3 to 6 times higher than in 

13 the general population. An even greater number of 

14 individuals who are detained in jails each year have 

15 mental health problems that do not rise to the level 

16 of a serious mental illness but may still require a re17 source-intensive response. 

18 (2) Adults with mental illnesses cycle through 

19 jails more often than individuals without mental ill20 nesses, and tend to stay longer (including before 

21 trial, during trial, and after sentencing). 

(3) According to estimates, almost 3 22 ⁄4 of jail de23 tainees with serious mental illnesses have co-occur24 ring substance use disorders, and individuals with 


emcdonald on DSK67QTVN1PROD with BILLS
56 

•S 2002 IS

1 mental illnesses are also much more likely to have 

2 serious physical health needs. 

3 (4) Among individuals under probation super4 vision, individuals with mental disorders are nearly 

5 twice as likely as other individuals to have their 

6 community sentence revoked, furthering their in7 volvement in the criminal justice system. Reasons 

8 for revocation may be directly or indirectly related to 

9 an individual’s mental disorder. 

10 SEC. 203. SEQUENTIAL INTERCEPT MODEL. 

11 (a) REDESIGNATION.—Section 2991 of the Omnibus 

12 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

13 3797aa) is amended by redesignating subsection (i) as 

14 subsection (o). 

15 (b) SEQUENTIAL INTERCEPT MODEL.—Section 2991 

16 of the Omnibus Crime Control and Safe Streets Act of 

17 1968 (42 U.S.C. 3797aa) is amended by inserting after 

18 subsection (h) the following: 

19 ‘‘(i) SEQUENTIAL INTERCEPT GRANTS.— 

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

21 ‘eligible entity’ means a State, unit of local govern22 ment, Indian Tribe, or Tribal organization. 

23 ‘‘(2) AUTHORIZATION.—The Attorney General 

24 may make grants under this subsection to an eligible 


emcdonald on DSK67QTVN1PROD with BILLS
57 

•S 2002 IS

1 entity for sequential intercept mapping and imple2 mentation in accordance with paragraph (3). 

3 ‘‘(3) SEQUENTIAL INTERCEPT MAPPING; IMPLE4 MENTATION.—An eligible entity that receives a 

5 grant under this subsection may use funds for— 

6 ‘‘(A) sequential intercept mapping, 

7 which— 

8 ‘‘(i) shall consist of— 

9 ‘‘(I) convening mental health and 

10 criminal justice stakeholders to— 

11 ‘‘(aa) develop a shared un12 derstanding of the flow of justice13 involved individuals with mental 

14 illnesses through the criminal 

15 justice system; and 

16 ‘‘(bb) identify opportunities 

17 for improved collaborative re18 sponses to the risks and needs of 

19 individuals described in item 

20 (aa); and 

21 ‘‘(II) developing strategies to ad22 dress gaps in services and bring inno23 vative and effective programs to scale 

24 along multiple intercepts, including— 


emcdonald on DSK67QTVN1PROD with BILLS
58 

•S 2002 IS

1 ‘‘(aa) emergency and crisis 

2 services; 

3 ‘‘(bb) specialized police4 based responses; 

5 ‘‘(cc) court hearings and dis6 position alternatives; 

7 ‘‘(dd) reentry from jails and 

8 prisons; and 

9 ‘‘(ee) community super10 vision, treatment and support 

11 services; and 

12 ‘‘(ii) may serve as a starting point for 

13 the development of strategic plans to 

14 achieve positive public health and safety 

15 outcomes; and 

16 ‘‘(B) implementation, which shall— 

17 ‘‘(i) be derived from the strategic 

18 plans described in subparagraph (A)(ii); 

19 and 

20 ‘‘(ii) consist of— 

21 ‘‘(I) hiring and training per22 sonnel; 

23 ‘‘(II) identifying the eligible enti24 ty’s target population; 


emcdonald on DSK67QTVN1PROD with BILLS
59 

•S 2002 IS

1 ‘‘(III) providing services and sup2 ports to reduce unnecessary penetra3 tion into the criminal justice system; 

4 ‘‘(IV) reducing recidivism; 

5 ‘‘(V) evaluating the impact of the 

6 eligible entity’s approach; and 

7 ‘‘(VI) planning for the sustain8 ability of effective interventions.’’. 

9 SEC. 204. VETERANS TREATMENT COURTS. 

10 Section 2991 of the Omnibus Crime Control and Safe 

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

12 inserting after subsection (i), as added by section 203, the 

13 following: 

14 ‘‘(j) 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. 


emcdonald on DSK67QTVN1PROD with BILLS
60 

•S 2002 IS

1 ‘‘(B) QUALIFIED VETERAN.—The term 

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

4 ‘‘(i) served on active duty in any 

5 branch of the Armed Forces, including the 

6 National Guard or Reserves; and 

7 ‘‘(ii) was discharged or released from 

8 such service under conditions other than 

9 dishonorable. 

10 ‘‘(C) VETERANS TREATMENT COURT PRO11 GRAM.—The term ‘veterans treatment court 

12 program’ means a court program involving col13 laboration among criminal justice, veterans, and 

14 mental health and substance abuse agencies 

15 that provides qualified veterans with— 

16 ‘‘(i) intensive judicial supervision and 

17 case management, which may include ran18 dom and frequent drug testing where ap19 propriate; 

20 ‘‘(ii) a full continuum of treatment 

21 services, including mental health services, 

22 substance abuse services, medical services, 

23 and services to address trauma; 

24 ‘‘(iii) alternatives to incarceration; 

25 and 


emcdonald on DSK67QTVN1PROD with BILLS
61 

•S 2002 IS

1 ‘‘(iv) other appropriate services, in2 cluding housing, transportation, mentoring, 

3 employment, job training, education, and 

4 assistance in applying for and obtaining 

5 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. 


emcdonald on DSK67QTVN1PROD with BILLS
62 

•S 2002 IS

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 SEC. 205. PRISON AND JAILS. 

15 Section 2991 of the Omnibus Crime Control and Safe 

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

17 inserting after subsection (j), as added by section 204, the 

18 following: 

19 ‘‘(k) CORRECTIONAL FACILITIES.— 

20 ‘‘(1) DEFINITIONS.— 

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

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

23 other detention facility used to house people 

24 who have been arrested, detained, held, or con25 victed by a criminal justice agency or a court. 


emcdonald on DSK67QTVN1PROD with BILLS
63 

•S 2002 IS

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 

24 manner, coordinate health, housing, medVerDate Sep 11 2014 04:23 Aug 13, 2015 Jkt 049200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\S2002.IS S2002

emcdonald on DSK67QTVN1PROD with BILLS
64 

•S 2002 IS

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 SEC. 206. ALLOWABLE USES. 

17 Section 2991(b)(5)(I) of the Omnibus Crime Control 

18 and Safe Streets Act of 1968 (42 U.S.C. 3797aa(b)(5)(I)) 

19 is amended by adding at the end the following: 

20 ‘‘(v) TEAMS ADDRESSING FREQUENT

21 USERS OF CRISIS SERVICES.—Multidisci22 plinary teams that— 

23 ‘‘(I) coordinate, implement, and 

24 administer community-based crisis reVerDate Sep 11 2014 04:23 Aug 13, 2015 Jkt 049200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\S2002.IS S2002

emcdonald on DSK67QTVN1PROD with BILLS
65 

•S 2002 IS

1 sponses and long-term plans for fre2 quent users of crisis services; 

3 ‘‘(II) provide training on how to 

4 respond appropriately to the unique 

5 issues involving frequent users of cri6 sis services for public service per7 sonnel, including criminal justice, 

8 mental health, substance abuse, emer9 gency room, healthcare, law enforce10 ment, corrections, and housing per11 sonnel; 

12 ‘‘(III) develop or support alter13 natives to hospital and jail admissions 

14 for frequent users of crisis services 

15 that provide treatment, stabilization, 

16 and other appropriate supports in the 

17 least restrictive, yet appropriate, envi18 ronment; and 

19 ‘‘(IV) develop protocols and sys20 tems among law enforcement, mental 

21 health, substance abuse, housing, cor22 rections, and emergency medical serv23 ice operations to provide coordinated 

24 assistance to frequent users of crisis 

25 services.’’. 


emcdonald on DSK67QTVN1PROD with BILLS
66 

•S 2002 IS

1 SEC. 207. LAW ENFORCEMENT TRAINING. 

2 Section 2991(h) of the Omnibus Crime Control and 

3 Safe Streets Act of 1968 (42 U.S.C. 3797aa(h)) is amend4 ed— 

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

6 following: 

7 ‘‘(F) ACADEMY TRAINING.—To provide 

8 support for academy curricula, law enforcement 

9 officer orientation programs, continuing edu10 cation training, and other programs that teach 

11 law enforcement personnel how to identify and 

12 respond to incidents involving persons with 

13 mental health disorders or co-occurring mental 

14 health and substance abuse disorders.’’; and 

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

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

17 General, in awarding grants under this subsection, 

18 shall give priority to programs that law enforcement 

19 personnel and members of the mental health and 

20 substance abuse professions develop and administer 

21 cooperatively.’’. 

22 SEC. 208. FEDERAL LAW ENFORCEMENT TRAINING. 

23 Not later than 1 year after the date of enactment 

24 of this Act, the Attorney General shall provide direction 

25 and guidance for the following: 


emcdonald on DSK67QTVN1PROD with BILLS
67 

•S 2002 IS

1 (1) TRAINING PROGRAMS.—Programs that offer 

2 specialized and comprehensive training, in proce3 dures to identify and appropriately respond to inci4 dents in which the unique needs of individuals who 

5 have a mental illness are involved, to first respond6 ers and tactical units of— 

7 (A) Federal law enforcement agencies; and 

8 (B) other Federal criminal justice agencies 

9 such as the Bureau of Prisons, the Administra10 tive Office of the United States Courts, and 

11 other agencies that the Attorney General deter12 mines appropriate. 

13 (2) IMPROVED TECHNOLOGY.—The establish14 ment of, or improvement of existing, computerized 

15 information systems to provide timely information to 

16 employees of Federal law enforcement agencies, and 

17 Federal criminal justice agencies to improve the re18 sponse of such employees to situations involving in19 dividuals who have a mental illness. 

20 SEC. 209. GAO REPORT. 

21 Not later than 1 year after the date of enactment 

22 of this Act, the Comptroller General of the United States, 

23 in coordination with the Attorney General, shall submit 

24 to Congress a report on— 


emcdonald on DSK67QTVN1PROD with BILLS
68 

•S 2002 IS

1 (1) the practices that Federal first responders, 

2 tactical units, and corrections officers are trained to 

3 use in responding to individuals with mental illness; 

4 (2) procedures to identify and appropriately re5 spond to incidents in which the unique needs of indi6 viduals who have a mental illness are involved, to 

7 Federal first responders and tactical units; 

8 (3) the application of evidence-based practices 

9 in criminal justice settings to better address individ10 uals with mental illnesses; and 

11 (4) recommendations on how the Department of 

12 Justice can expand and improve information sharing 

13 and dissemination of best practices. 

14 SEC. 210. EVIDENCE-BASED PRACTICES. 

15 Section 2991(c) of the Omnibus Crime Control and 

16 Safe Streets Act of 1968 (42 U.S.C. 3797aa(c)) is amend17 ed— 

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

19 end; 

20 (2) by redesignating paragraph (4) as para21 graph (6); and 

22 (3) by inserting after paragraph (3), the fol23 lowing: 

24 ‘‘(4) propose interventions that have been 

25 shown by empirical evidence to reduce recidivism; 


emcdonald on DSK67QTVN1PROD with BILLS
69 

•S 2002 IS

1 ‘‘(5) when appropriate, use validated assess2 ment tools to target preliminarily qualified offenders 

3 with a moderate or high risk of recidivism and a 

4 need for treatment and services; or’’. 

5 SEC. 211. TRANSPARENCY, PROGRAM ACCOUNTABILITY, 

6 AND ENHANCEMENT OF LOCAL AUTHORITY. 

7 (a) IN GENERAL.—Section 2991(a) of the Omnibus 

8 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

9 3797aa(a)) is amended— 

10 (1) in paragraph (7)— 

11 (A) in the heading, by striking ‘‘MENTAL

12 ILLNESS’’ and inserting ‘‘MENTAL ILLNESS; 

13 MENTAL HEALTH DISORDER’’; and 

14 (B) by striking ‘‘term ‘mental illness’ 

15 means’’ and inserting ‘‘terms ‘mental illness’ 

16 and ‘mental health disorder’ mean’’; and 

17 (2) by striking paragraph (9) and inserting the 

18 following: 

19 ‘‘(9) PRELIMINARILY QUALIFIED OFFENDER.— 

20 ‘‘(A) IN GENERAL.—The term ‘prelimi21 narily qualified offender’ means an adult or ju22 venile accused of an offense who— 

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

24 been diagnosed by a qualified mental 

25 health professional as having a mental illVerDate Sep 11 2014 04:23 Aug 13, 2015 Jkt 049200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\S2002.IS S2002

emcdonald on DSK67QTVN1PROD with BILLS
70 

•S 2002 IS

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 ‘‘(ii) has been unanimously approved 

14 for participation in a program funded 

15 under this section by, when appropriate— 

16 ‘‘(I) the relevant— 

17 ‘‘(aa) prosecuting attorney; 

18 ‘‘(bb) defense attorney; 

19 ‘‘(cc) probation or correc20 tions official; and 

21 ‘‘(dd) judge; and 

22 ‘‘(II) a representative from the 

23 relevant mental health agency de24 scribed in subsection (b)(5)(B)(i); 


emcdonald on DSK67QTVN1PROD with BILLS
71 

•S 2002 IS

1 ‘‘(iii) has been determined, by each 

2 person described in clause (ii) who is in3 volved in approving the adult or juvenile 

4 for participation in a program funded 

5 under this section, to not pose a risk of vi6 olence to any person in the program, or 

7 the public, if selected to participate in the 

8 program; and 

9 ‘‘(iv) has not been charged with or 

10 convicted of— 

11 ‘‘(I) any sex offense (as defined 

12 in section 111 of the Sex Offender 

13 Registration and Notification Act (42 

14 U.S.C. 16911)) or any offense relat15 ing to the sexual exploitation of chil16 dren; or 

17 ‘‘(II) murder or assault with in18 tent to commit murder. 

19 ‘‘(B) DETERMINATION.—In determining 

20 whether to designate a defendant as a prelimi21 narily qualified offender, the relevant pros22 ecuting attorney, defense attorney, probation or 

23 corrections official, judge, and mental health or 

24 substance abuse agency representative shall 

25 take into account— 


emcdonald on DSK67QTVN1PROD with BILLS
72 

•S 2002 IS

1 ‘‘(i) whether the participation of the 

2 defendant in the program would pose a 

3 substantial risk of violence to the commu4 nity; 

5 ‘‘(ii) the criminal history of the de6 fendant and the nature and severity of the 

7 offense for which the defendant is charged; 

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

9 to the offense; 

10 ‘‘(iv) the extent to which the defend11 ant would benefit from participation in the 

12 program; 

13 ‘‘(v) the extent to which the commu14 nity would realize cost savings because of 

15 the defendant’s participation in the pro16 gram; and 

17 ‘‘(vi) whether the defendant satisfies 

18 the eligibility criteria for program partici19 pation unanimously established by the rel20 evant prosecuting attorney, defense attor21 ney, probation or corrections official, judge 

22 and mental health or substance abuse 

23 agency representative.’’. 

24 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

25 Section 2927(2) of the Omnibus Crime Control and Safe 


emcdonald on DSK67QTVN1PROD with BILLS
73 

•S 2002 IS

1 Streets Act of 1968 (42 U.S.C. 3797s–6(2)) is amended 

2 by striking ‘‘has the meaning given that term in section 

3 2991(a).’’ and inserting ‘‘means an offense that— 

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

5 attempted use, or threatened use of physical 

6 force against the person or property of another; 

7 or 

8 ‘‘(B) is not a felony that by its nature in9 volves a substantial risk that physical force 

10 against the person or property of another may 

11 be used in the course of committing the of12 fense.’’. 

13 SEC. 212. GRANT ACCOUNTABILITY. 

14 Section 2991 of the Omnibus Crime Control and Safe 

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

16 inserting after subsection (k), as added by section 205, 

17 the following: 

18 ‘‘(m) ACCOUNTABILITY.—All grants awarded by the 

19 Attorney General under this section shall be subject to the 

20 following accountability provisions: 

21 ‘‘(1) AUDIT REQUIREMENT.— 

22 ‘‘(A) DEFINITION.—In this paragraph, the 

23 term ‘unresolved audit finding’ means a finding 

24 in the final audit report of the Inspector Gen25 eral of the Department of Justice that the auVerDate Sep 11 2014 04:23 Aug 13, 2015 Jkt 049200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\S2002.IS S2002

emcdonald on DSK67QTVN1PROD with BILLS
74 

•S 2002 IS

1 dited grantee has utilized grant funds for an 

2 unauthorized expenditure or otherwise unallow3 able cost that is not closed or resolved within 

4 12 months from the date when the final audit 

5 report is issued. 

6 ‘‘(B) AUDITS.—Beginning in the first fis7 cal year beginning after the date of enactment 

8 of this subsection, and in each fiscal year there9 after, the Inspector General of the Department 

10 of Justice shall conduct audits of recipients of 

11 grants under this section to prevent waste, 

12 fraud, and abuse of funds by grantees. The In13 spector General shall determine the appropriate 

14 number of grantees to be audited each year. 

15 ‘‘(C) MANDATORY EXCLUSION.—A recipi16 ent of grant funds under this section that is 

17 found to have an unresolved audit finding shall 

18 not be eligible to receive grant funds under this 

19 section during the first 2 fiscal years beginning 

20 after the end of the 12-month period described 

21 in subparagraph (A). 

22 ‘‘(D) PRIORITY.—In awarding grants 

23 under this section, the Attorney General shall 

24 give priority to eligible applicants that did not 

25 have an unresolved audit finding during the 3 


emcdonald on DSK67QTVN1PROD with BILLS
75 

•S 2002 IS

1 fiscal years before submitting an application for 

2 a grant under this section. 

3 ‘‘(E) REIMBURSEMENT.—If an entity is 

4 awarded grant funds under this section during 

5 the 2-fiscal-year period during which the entity 

6 is barred from receiving grants under subpara7 graph (C), the Attorney General shall— 

8 ‘‘(i) deposit an amount equal to the 

9 amount of the grant funds that were im10 properly awarded to the grantee into the 

11 General Fund of the Treasury; and 

12 ‘‘(ii) seek to recoup the costs of the 

13 repayment to the fund from the grant re14 cipient that was erroneously awarded grant 

15 funds. 

16 ‘‘(2) NONPROFIT ORGANIZATION REQUIRE17 MENTS.— 

18 ‘‘(A) DEFINITION.—For purposes of this 

19 paragraph and the grant programs under this 

20 part, the term ‘nonprofit organization’ means 

21 an organization that is described in section 

22 501(c)(3) of the Internal Revenue Code of 1986 

23 and is exempt from taxation under section 

24 501(a) of such Code. 


emcdonald on DSK67QTVN1PROD with BILLS
76 

•S 2002 IS

1 ‘‘(B) PROHIBITION.—The Attorney Gen2 eral may not award a grant under this part to 

3 a nonprofit organization that holds money in 

4 offshore accounts for the purpose of avoiding 

5 paying the tax described in section 511(a) of 

6 the Internal Revenue Code of 1986. 

7 ‘‘(C) DISCLOSURE.—Each nonprofit orga8 nization that is awarded a grant under this sec9 tion and uses the procedures prescribed in regu10 lations to create a rebuttable presumption of 

11 reasonableness for the compensation of its offi12 cers, directors, trustees, and key employees, 

13 shall disclose to the Attorney General, in the 

14 application for the grant, the process for deter15 mining such compensation, including the inde16 pendent persons involved in reviewing and ap17 proving such compensation, the comparability 

18 data used, and contemporaneous substantiation 

19 of the deliberation and decision. Upon request, 

20 the Attorney General shall make the informa21 tion disclosed under this subparagraph available 

22 for public inspection. 

23 ‘‘(3) CONFERENCE EXPENDITURES.— 

24 ‘‘(A) LIMITATION.—No amounts made 

25 available to the Department of Justice under 


emcdonald on DSK67QTVN1PROD with BILLS
77 

•S 2002 IS

1 this section may be used by the Attorney Gen2 eral, or by any individual or entity awarded dis3 cretionary funds through a cooperative agree4 ment under this section, to host or support any 

5 expenditure for conferences that use more than 

6 $20,000 in funds made available by the Depart7 ment of Justice, unless the head of the relevant 

8 agency or department, provides prior written 

9 authorization that the funds may be expended 

10 to host the conference. 

11 ‘‘(B) WRITTEN APPROVAL.—Written ap12 proval under subparagraph (A) shall include a 

13 written estimate of all costs associated with the 

14 conference, including the cost of all food, bev15 erages, audio-visual equipment, honoraria for 

16 speakers, and entertainment. 

17 ‘‘(C) REPORT.—The Deputy Attorney Gen18 eral shall submit an annual report to the Com19 mittee on the Judiciary of the Senate and the 

20 Committee on the Judiciary of the House of 

21 Representatives on all conference expenditures 

22 approved under this paragraph. 

23 ‘‘(4) ANNUAL CERTIFICATION.—Beginning in 

24 the first fiscal year beginning after the date of en25 actment of this subsection, the Attorney General 


emcdonald on DSK67QTVN1PROD with BILLS
78 

•S 2002 IS

1 shall submit, to the Committee on the Judiciary and 

2 the Committee on Appropriations of the Senate and 

3 the Committee on the Judiciary and the Committee 

4 on Appropriations of the House of Representatives, 

5 an annual certification— 

6 ‘‘(A) indicating whether— 

7 ‘‘(i) all audits issued by the Office of 

8 the Inspector General under paragraph (1) 

9 have been completed and reviewed by the 

10 appropriate Assistant Attorney General or 

11 Director; 

12 ‘‘(ii) all mandatory exclusions required 

13 under paragraph (1)(C) have been issued; 

14 and 

15 ‘‘(iii) all reimbursements required 

16 under paragraph (1)(E) have been made; 

17 and 

18 ‘‘(B) that includes a list of any grant re19 cipients excluded under paragraph (1) from the 

20 previous year. 

21 ‘‘(n) PREVENTING DUPLICATIVE GRANTS.— 

22 ‘‘(1) IN GENERAL.—Before the Attorney Gen23 eral awards a grant to an applicant under this sec24 tion, the Attorney General shall compare potential 

25 grant awards with other grants awarded under this 


emcdonald on DSK67QTVN1PROD with BILLS
79 

•S 2002 IS

1 Act to determine if duplicate grant awards are 

2 awarded for the same purpose. 

3 ‘‘(2) REPORT.—If the Attorney General awards 

4 duplicate grants to the same applicant for the same 

5 purpose the Attorney General shall submit to the 

6 Committee on the Judiciary of the Senate and the 

7 Committee on the Judiciary of the House of Rep8 resentatives a report that includes— 

9 ‘‘(A) a list of all duplicate grants awarded, 

10 including the total dollar amount of any dupli11 cate grants awarded; and 

12 ‘‘(B) the reason the Attorney General 

13 awarded the duplicate grants.’’. 

14 TITLE III—NICS REAUTHORIZA15 TION AND NICS IMPROVE16 MENT 

17 SEC. 301. REAUTHORIZATION OF NICS. 

18 (a) IN GENERAL.—Section 103(e) of the NICS Im19 provement Amendments Act of 2007 (18 U.S.C. 922 note) 

20 is amended by striking ‘‘fiscal year 2013’’ and inserting 

21 ‘‘each of fiscal years 2016 through 2020’’. 

22 SEC. 302. DEFINITIONS RELATING TO MENTAL HEALTH. 

23 (a) TITLE 18 DEFINITIONS.—Chapter 44 of title 18, 

24 United States Code, is amended— 


emcdonald on DSK67QTVN1PROD with BILLS
80 

•S 2002 IS

1 (1) in section 921(a), by adding at the end the 

2 following: 

3 ‘‘(36)(A) Subject to subparagraph (B), the 

4 term ‘has been adjudicated mentally incompetent or 

5 has been committed to a psychiatric hospital’, with 

6 respect to a person— 

7 ‘‘(i) means the person is the subject of 

8 an order or finding by a judicial officer, 

9 court, board, commission, or other adju10 dicative body— 

11 ‘‘(I) that was issued after— 

12 ‘‘(aa) a hearing— 

13 ‘‘(AA) of which the per14 son received actual notice; 

15 and 

16 ‘‘(BB) at which the 

17 person had an opportunity 

18 to participate with counsel; 

19 or 

20 ‘‘(bb) the person knowingly 

21 and intelligently waived the op22 portunity for a hearing— 

23 ‘‘(AA) of which the per24 son received actual notice; 

25 and 


emcdonald on DSK67QTVN1PROD with BILLS
81 

•S 2002 IS

1 ‘‘(BB) at which the 

2 person would have had an 

3 opportunity to participate 

4 with counsel; and 

5 ‘‘(II) that found that the person, 

6 as a result of marked subnormal intel7 ligence, mental impairment, mental 

8 illness, incompetency, condition, or 

9 disease— 

10 ‘‘(aa) was a danger to him11 self or herself or to others; 

12 ‘‘(bb) was guilty but men13 tally ill in a criminal case, in a 

14 jurisdiction that provides for 

15 such a verdict; 

16 ‘‘(cc) was not guilty in a 

17 criminal case by reason of insan18 ity or mental disease or defect; 

19 ‘‘(dd) was incompetent to 

20 stand trial in a criminal case; 

21 ‘‘(ee) was not guilty by rea22 son of lack of mental responsi23 bility under section 850a of title 

24 10 (article 50a of the Uniform 

25 Code of Military Justice); 


emcdonald on DSK67QTVN1PROD with BILLS
82 

•S 2002 IS

1 ‘‘(ff) required involuntary 

2 inpatient treatment by a psy3 chiatric hospital for any reason, 

4 including substance abuse; or 

5 ‘‘(gg) required involuntary 

6 outpatient treatment by a psy7 chiatric hospital based on a find8 ing that the person is a danger to 

9 himself or herself or to others; 

10 and 

11 ‘‘(ii) does not include— 

12 ‘‘(I) an admission to a psy13 chiatric hospital for observation; or 

14 ‘‘(II) a voluntary admission to a 

15 psychiatric hospital. 

16 ‘‘(B) In this paragraph, the term ‘order or 

17 finding’ does not include— 

18 ‘‘(i) an order or finding that has ex19 pired or has been set aside or expunged; 

20 ‘‘(ii) an order or finding that is no 

21 longer applicable because a judicial officer, 

22 court, board, commission, or other adju23 dicative body has found that the person 

24 who is the subject of the order or find25 ing— 


emcdonald on DSK67QTVN1PROD with BILLS
83 

•S 2002 IS

1 ‘‘(I) does not present a danger to 

2 himself or herself or to others; 

3 ‘‘(II) has been restored to sanity 

4 or cured of mental disease or defect; 

5 ‘‘(III) has been restored to com6 petency; or 

7 ‘‘(IV) no longer requires involun8 tary inpatient or outpatient treatment 

9 by a psychiatric hospital; or 

10 ‘‘(iii) an order or finding with respect 

11 to which the person who is subject to the 

12 order or finding has been granted relief 

13 from disabilities under section 925(c), 

14 under a program described in section 

15 101(c)(2)(A) or 105 of the NICS Improve16 ment Amendments Act of 2007 (18 U.S.C. 

17 922 note), or under any other State-au18 thorized relief from disabilities program of 

19 the State in which the original commit20 ment or adjudication occurred. 

21 ‘‘(37) The term ‘psychiatric hospital’ includes a 

22 mental health facility, a mental hospital, a sani23 tarium, a psychiatric facility, and any other facility 

24 that provides diagnoses or treatment by licensed pro25 fessionals of mental retardation or mental illness, inVerDate Sep 11 2014 04:23 Aug 13, 2015 Jkt 049200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\S2002.IS S2002

emcdonald on DSK67QTVN1PROD with BILLS
84 

•S 2002 IS

1 cluding a psychiatric ward in a general hospital.’’; 

2 and 

3 (2) in section 922— 

4 (A) in subsection (d)(4)— 

5 (i) by striking ‘‘as a mental defective’’ 

6 and inserting ‘‘mentally incompetent’’; and 

7 (ii) by striking ‘‘any mental institu8 tion’’ and inserting ‘‘a psychiatric hos9 pital’’; and 

10 (B) in subsection (g)(4)— 

11 (i) by striking ‘‘as a mental defective 

12 or who has’’ and inserting ‘‘mentally in13 competent or has’’; and 

14 (ii) by striking ‘‘mental institution’’ 

15 and inserting ‘‘psychiatric hospital’’. 

16 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

17 The NICS Improvement Amendments Act of 2007 (18 

18 U.S.C. 922 note) is amended— 

19 (1) by striking ‘‘as a mental defective’’ each 

20 place that term appears and inserting ‘‘mentally in21 competent’’; 

22 (2) by striking ‘‘mental institution’’ each place 

23 that term appears and inserting ‘‘psychiatric hos24 pital’’; 

25 (3) in section 101(c)— 


emcdonald on DSK67QTVN1PROD with BILLS
85 

•S 2002 IS

1 (A) in paragraph (1), in the matter pre2 ceding subparagraph (A), by striking ‘‘to the 

3 mental health of a person’’ and inserting ‘‘to 

4 whether a person is mentally incompetent’’; and 

5 (B) in paragraph (2)— 

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

7 ‘‘to the mental health of a person’’ and in8 serting ‘‘to whether a person is mentally 

9 incompetent’’; and 

10 (ii) in subparagraph (B), by striking 

11 ‘‘to the mental health of a person’’ and in12 serting ‘‘to whether a person is mentally 

13 incompetent’’; and 

14 (4) in section 102(c)(3)— 

15 (A) in the paragraph heading, by striking 

16 ‘‘AS A MENTAL DEFECTIVE OR COMMITTED TO

17 A MENTAL INSTITUTION’’ and inserting ‘‘MEN18 TALLY INCOMPETENT OR COMMITTED TO A PSY19 CHIATRIC HOSPITAL’’; and 

20 (B) by striking ‘‘mental institutions’’ and 

21 inserting ‘‘psychiatric hospitals’’. 

22 SEC. 303. INCENTIVES FOR STATE COMPLIANCE WITH NICS 

23 MENTAL HEALTH RECORD REQUIREMENTS. 

24 Section 104(b) of the NICS Improvement Amend25 ments Act of 2007 (18 U.S.C. 922 note) is amended— 


emcdonald on DSK67QTVN1PROD with BILLS
86 

•S 2002 IS

1 (1) by striking paragraphs (1) and (2); 

2 (2) by redesignating paragraph (3) as para3 graph (2); 

4 (3) in paragraph (2), as redesignated, by strik5 ing ‘‘of paragraph (2)’’ and inserting ‘‘of paragraph 

6 (1)’’; and 

7 (4) by inserting before paragraph (2), as redes8 ignated, the following: 

9 ‘‘(1) INCENTIVES FOR PROVIDING MENTAL

10 HEALTH RECORDS AND FIXING THE BACKGROUND

11 CHECK SYSTEM.— 

12 ‘‘(A) DEFINITION OF COMPLIANT STATE.— 

13 In this paragraph, the term ‘compliant State’ 

14 means a State that has— 

15 ‘‘(i) provided not less than 90 percent 

16 of the records required to be provided 

17 under sections 102 and 103; or 

18 ‘‘(ii) in effect a statute that— 

19 ‘‘(I) requires the State to provide 

20 the records required to be provided 

21 under sections 102 and 103; and 

22 ‘‘(II) implements a relief from 

23 disabilities program in accordance 

24 with section 105. 


emcdonald on DSK67QTVN1PROD with BILLS
87 

•S 2002 IS

1 ‘‘(B) INCENTIVES FOR COMPLIANCE.— 

2 During the period beginning on the date that is 

3 18 months after the enactment of the Mental 

4 Health and Safe Communities Act of 2015 and 

5 ending on the date that is 5 years after the 

6 date of enactment of such Act, the Attorney 

7 General— 

8 ‘‘(i) shall use funds appropriated to 

9 carry out section 103 of this Act, the ex10 cess unobligated balances of the Depart11 ment of Justice and funds withheld under 

12 clause (ii), or any combination thereof, to 

13 increase the amounts available under sec14 tion 505 of title I of the Omnibus Crime 

15 Control and Safe Streets Act of 1968 (42 

16 U.S.C. 3755) for each compliant State in 

17 an amount that is not less than 2 percent 

18 nor more than 5 percent of the amount 

19 that was allocated to such State under 

20 such section 505 in the previous fiscal 

21 year; and 

22 ‘‘(ii) may withhold an amount not to 

23 exceed the amount described in clause (i) 

24 that would otherwise be allocated to a 

25 State under any section of the Omnibus 


emcdonald on DSK67QTVN1PROD with BILLS
88 

•S 2002 IS

1 Crime Control and Safe Streets Act of 

2 1968 (42 U.S.C. 3711 et seq.) if the 

3 State— 

4 ‘‘(I) is not a compliant State; 

5 and 

6 ‘‘(II) does not submit an assur7 ance to the Attorney General that— 

8 ‘‘(aa) an amount that is not 

9 less than the amount described in 

10 clause (i) will be used solely for 

11 the purpose of enabling the State 

12 to become a compliant State; or 

13 ‘‘(bb) the State will hold in 

14 abeyance an amount that is not 

15 less than the amount described in 

16 clause (i) until such State has be17 come a compliant State. 

18 ‘‘(C) REGULATIONS.—Not later than 180 

19 days after the enactment of the Mental Health 

20 and Safe Communities Act of 2015, the Attor21 ney General shall issue regulations imple22 menting this paragraph.’’. 


emcdonald on DSK67QTVN1PROD with BILLS
89 

•S 2002 IS

1 SEC. 304. PROTECTING THE SECOND AMENDMENT RIGHTS 

2 OF VETERANS. 

3 (a) IN GENERAL.—Chapter 55 of title 38, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 5511. Conditions for treatment of certain persons 

7 as adjudicated mentally incompetent for 

8 certain purposes 

9 ‘‘(a) PROTECTING RIGHTS OF VETERANS WITH EX10 ISTING RECORDS.—Not later than 90 days after the date 

11 of enactment of the Mental Health and Safe Communities 

12 Act of 2015, the Secretary shall provide written notice in 

13 accordance with subsection (b) of the opportunity for ad14 ministrative review under subsection (c) to all persons 

15 who, on the date of enactment of the Mental Health and 

16 Safe Communities Act of 2015, are considered to have 

17 been adjudicated mentally incompetent or committed to a 

18 psychiatric hospital under subsection (d)(4) or (g)(4) of 

19 section 922 of title 18 as a result of having been found 

20 by the Department to be mentally incompetent. 

21 ‘‘(b) NOTICE.—The Secretary shall provide notice 

22 under this section to a person described in subsection (a) 

23 that notifies the person of— 

24 ‘‘(1) the determination made by the Secretary; 

25 ‘‘(2) a description of the implications of being 

26 considered to have been adjudicated mentally incomVerDate Sep 11 2014 04:23 Aug 13, 2015 Jkt 049200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\S2002.IS S2002

emcdonald on DSK67QTVN1PROD with BILLS
90 

•S 2002 IS

1 petent or committed to a psychiatric hospital under 

2 subsection (d)(4) or (g)(4) of section 922 of title 18; 

3 and 

4 ‘‘(3) the right of the person to request a review 

5 under subsection (c)(1). 

6 ‘‘(c) ADMINISTRATIVE REVIEW.— 

7 ‘‘(1) REQUEST.—Not later than 30 days after 

8 the date on which a person described in subsection 

9 (a) receives notice in accordance with subsection (b), 

10 such person may request a review by the board de11 signed or established under paragraph (2) or by a 

12 court of competent jurisdiction to assess whether the 

13 person is a danger to himself or herself or to others. 

14 In such assessment, the board may consider the per15 son’s honorable discharge or decorations. 

16 ‘‘(2) BOARD.—Not later than 180 days after 

17 the date of enactment of the Mental Health and 

18 Safe Communities Act of 2015, the Secretary shall 

19 designate or establish a board that shall, upon re20 quest of a person under paragraph (1), assess 

21 whether the person is a danger to himself or herself 

22 or to others. 

23 ‘‘(d) JUDICIAL REVIEW.—A person may file a peti24 tion with a Federal court of competent jurisdiction for ju25 dicial review of an assessment of the person under subVerDate Sep 11 2014 04:23 Aug 13, 2015 Jkt 049200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\S2002.IS S2002

emcdonald on DSK67QTVN1PROD with BILLS
91 

•S 2002 IS

1 section (c) by the board designated or established under 

2 subsection (c)(2).’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 for chapter 55 of title 38, United States Code, is amended 

5 by adding at the end the following: 

‘‘5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes.’’. 

6 SEC. 305. APPLICABILITY OF AMENDMENTS. 

7 With respect to any record of a person prohibited 

8 from possessing or receiving a firearm under subsection 

9 (d)(4) or (g)(4) of section 922 of title 18, United States 

10 Code, before the date of enactment of this Act, the Attor11 ney General shall remove such a record from the National 

12 Instant Criminal Background Check System— 

13 (1) upon being made aware that the person is 

14 no longer considered as adjudicated mentally incom15 petent or committed to a psychiatric hospital accord16 ing to the criteria under paragraph (36)(A)(i)(II) of 

17 section 921(a) of title 18, United States Code (as 

18 added by this title), and is therefore no longer pro19 hibited from possessing or receiving a firearm; 

20 (2) upon being made aware that any order or 

21 finding that the record is based on is an order or 

22 finding described in paragraph (36)(B) of section 

23 921(a) of title 18, United State Code (as added by 

24 this title); or 


emcdonald on DSK67QTVN1PROD with BILLS
92 

•S 2002 IS

1 (3) upon being made aware that the person has 

2 been found competent to possess a firearm after an 

3 administrative or judicial review under subsection (c) 

4 or (d) of section 5511 of title 38, United States 

5 Code (as added by this title). 

6 SEC. 306. CLARIFICATION THAT FEDERAL COURT INFOR7 MATION IS TO BE MADE AVAILABLE TO THE 

8 NATIONAL INSTANT CRIMINAL BACKGROUND 

9 CHECK SYSTEM. 

10 Section 103(e)(1) of the Brady Handgun Violence 

11 Prevention Act (18 U.S.C. 922 note) is amended by add12 ing at the end the following: 

13 ‘‘(F) APPLICATION TO FEDERAL

14 COURTS.—In this paragraph— 

15 ‘‘(i) the terms ‘department or agency 

16 of the United States’ and ‘Federal depart17 ment or agency’ include a Federal court; 

18 and 

19 ‘‘(ii) for purposes of any request, sub20 mission, or notification, the Director of the 

21 Administrative Office of the United States 

22 Courts shall perform the functions of the 

23 head of the department or agency.’’. 


emcdonald on DSK67QTVN1PROD with BILLS
93 

•S 2002 IS

1 TITLE IV—REAUTHORIZATIONS 

2 AND OFFSET 

3 SEC. 401. REAUTHORIZATION OF APPROPRIATIONS. 

4 (a) ADULT AND JUVENILE COLLABORATION PRO5 GRAMS.—Subsection (o) of section 2991 of the Omnibus 

6 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

7 3797aa), as redesignated by section 203, is amended— 

8 (1) in paragraph (1)(C), by striking ‘‘2009 

9 through 2014’’ and inserting ‘‘2016 through 2020’’; 

10 and 

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

12 ‘‘(3) LIMITATION.—Not more than 20 percent of the 

13 funds authorized to be appropriated under this section 

14 may be used for purposes described in subsection (j) (re15 lating to veterans).’’. 

16 (b) MENTAL HEALTH COURTS AND QUALIFIED

17 DRUG TREATMENT PROGRAMS.—Section 1001(a) of the 

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

19 U.S.C. 3793(a)) is amended— 

20 (1) in paragraph (20), by striking ‘‘2001 

21 through 2004’’ and inserting ‘‘2016 through 2020’’; 

22 and 

23 (2) in paragraph (26), by striking ‘‘2009 and 

24 2010’’ and inserting ‘‘2016 through 2020’’. 


emcdonald on DSK67QTVN1PROD with BILLS
94 

•S 2002 IS

1 SEC. 402. OFFSET. 

2 (a) DEFINITION.—In this subsection, the term ‘‘cov3 ered amounts’’ means the unobligated balances of discre4 tionary appropriations accounts, except for the discre5 tionary appropriations accounts of the Department of De6 fense, the Department of Veterans Affairs, and the De7 partment of Homeland Security. 

8 (b) RESCISSION.— 

9 (1) IN GENERAL.—Effective on the first day of 

10 each of fiscal years 2016 through 2020, there are re11 scinded from covered amounts, on a pro rata basis, 

12 the amount described in paragraph (2). 

13 (2) AMOUNT OF RESCISSION.—The amount de14 scribed in this subparagraph is the sum of the 

15 amounts authorized to be appropriated under para16 graphs (20) and (26) of section 1001(a) of title I of 

17 the Omnibus Crime Control and Safe Streets Act of 

18 1968 (42 U.S.C. 3793(a)). 

19 (3) REPORT.—Not later 60 days after the first 

20 day of each of fiscal years 2016 through 2020, the 

21 Director of the Office of Management and Budget 

22 shall submit to Congress and the Secretary of the 

23 Treasury a report specifying the account and 

24 amount of each rescission under this subsection. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS