harm to himself or herself or another indi-
vidual, has a history of substance abuse, or 
lacks impulse control; and 
‘‘(ii) provide that not later than 14 days 
after such a seizure, an individual from whom 
a firearm or ammunition was so seized shall be 
given an opportunity to contest such seizure in 
court, and any firearm or ammunition so seized 
shall be returned to the individual, unless a 
State or local law enforcement officer dem-
onstrates in court by a preponderance of the 
evidence that the individual from whom a fire-
arm or ammunition was seized poses an ele-
vated risk of harm to himself or herself or to 
another individual; or 
‘‘(B) temporarily prohibit an individual 
who has been involuntarily hospitalized for a 
period of not less than 48 hours for mental ill-
ness on an emergency basis, from possessing a 
firearm or ammunition;’’. 
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SEC. 403. NOTIFICATION OF STATE AND LOCAL LAW EN-
FORCEMENT AUTHORITIES OF ATTEMPT TO 
PURCHASE FIREARM BY INELIGIBLE PER-
SON. 
(a) IN GENERAL.—The Attorney General shall estab-
lish a system for the prompt notification of the relevant 
State and local enforcement agencies when the National 
Instant Criminal Background Check System established 
under section 103 of the Brady Handgun Violence Preven-
tion Act notifies a licensed dealer that the information 
available to the system indicates that the possession of a 
firearm by an individual attempting to obtain a firearm 
from the licensed dealer would violate subsection (g) or 
(n) of section 922 of title 18, United States Code, or State 
law, except when it is determined, on a case-by-case basis, 
that law enforcement purposes would best be served by 
not providing such a notice. 
(b) DEFINITIONS.—In this section, the terms ‘‘fire-
arm’’ and ‘‘licensed dealer’’ shall have the meanings given 
such terms in section 921(a) of title 18, United States 
Code. 
TITLE V—RESTORATION 
SEC. 501. FEDERAL AGENCY RELIEF PROGRAM. 
Section 101(c) of the NICS Improvement Amend-
ments Act of 2007 (34 U.S.C. 40911) is amended— 
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(1) in paragraph (2)(A)(i), by inserting after 
‘‘imposed by such subsections’’ the following: ‘‘if 
such person is a person described in subparagraph 
(C) and submits the opinion (and records and infor-
mation supporting the opinion) of a psychiatrist, a 
clinical psychologist, or a licensed or qualified men-
tal health professional who can provide adequate in-
formation who has personally evaluated the person’’; 
and 
(2) by adding at the end of paragraph (2) the 
following: 
‘‘(C) PERSON
DESCRIBED.—A person is 
described in this subparagraph if, beginning not 
earlier than 1 year after the person is subject 
to the disabilities imposed by subsection (d)(4) 
or (g)(4) of section 922 of title 18, United 
States Code, and after affording the Federal 
department or agency the opportunity to re-
quest an additional evaluation, by a psychia-
trist, a clinical psychologist, or a licensed or 
qualified mental health professional who can 
provide adequate information appointed by the 
department or agency, the department or agen-
cy determines by a preponderance of the evi-
dence received that— 
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‘‘(i) the person no longer manifests 
the symptoms of mental disorder that re-
sulted in that person’s adjudication as in-
eligible due to disqualifying mental status 
or involuntary commitment or that other-
wise significantly elevate the risk of harm 
to self or others; 
‘‘(ii) the person has adhered consist-
ently to any prescribed treatment for a 
substantial period of time preceding the 
date of the application and has expressed 
a willingness to continue treatment under 
an appropriate mental health professional; 
‘‘(iii) if ongoing treatment is required, 
that adherence to that treatment is likely 
to minimize the risk that the person will 
revert to a mental state that would present 
a danger to self or others; and 
‘‘(iv) the granting of the relief would 
not be contrary to the public interest.’’. 
SEC. 502. STATE RELIEF PROGRAMS. 
(a) IN GENERAL.—Section 105 of the NICS Im-
provement Amendments Act of 2007 (34 U.S.C. 40915) 
is amended— 
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(1) in subsection (a)(2), by striking ‘‘if the cir-
cumstances regarding the disabilities referred to in 
paragraph (1), and the person’s record and reputa-
tion, are such that the person will not be likely to 
act in a manner dangerous to public safety and that 
the granting of the relief would not be contrary to 
the public interest; and’’ and inserting the following: 
‘‘beginning not earlier than 1 year after the person 
is first adjudicated as described in subsection (g)(4) 
of section 922 of title 18, United States Code, if the 
person submits the opinion (and records and infor-
mation supporting the opinion) of a psychiatrist, a 
clinical psychologist, or a licensed or qualified men-
tal health professional who can provide adequate in-
formation who has personally evaluated the person, 
and after affording the State the opportunity to re-
quest an additional evaluation, by a psychiatrist, 
clinical psychologist, or other licensed or qualified 
mental health professional who can provide adequate 
information appointed by the court, board, commis-
sion, or other lawful authority, only if the court, 
board, commission, or other lawful authority deter-
mines by a preponderance of the evidence received 
that the person is a person described in subsection 
(c); and’’; and 
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(2) by adding at the end the following: 
‘‘(c) ELIGIBLE PERSON DESCRIBED.—A person de-
scribed in this subsection is any person who submits with 
the application for relief under subsection (a)(1), the opin-
ion (and records and information supporting the opinion) 
of a psychiatrist, a clinical psychologist, or a licensed or 
qualified mental health professional who can provide ade-
quate information who has personally evaluated the peti-
tioner and which attests that— 
‘‘(1) the person no longer manifests the symp-
toms of disqualifying mental status that resulted in 
that person’s adjudication as ineligible due to dis-
qualifying mental status or involuntary commitment; 
‘‘(2) the person appears to have adhered con-
sistently to any prescribed treatment for a substan-
tial period of time preceding the date of the applica-
tion and has expressed a willingness to continue 
treatment under an appropriate mental health pro-
fessional; 
‘‘(3) if ongoing treatment is required, that ad-
herence to that treatment is likely to minimize the 
risk that the person will revert to a mental state 
that would present a danger to self or others; and 
‘‘(4) the granting of the relief would not be con-
trary to the public interest. 
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‘‘(d) DEFINITIONS.—The Attorney General may, by 
rule, define terms used in this section to ensure conformity 
with Federal programs providing relief from disabilities 
imposed under subsections (d) and (g) of section 922 of 
title 18, United States Code.’’. 
(b) TRANSITION RULE.—The amendment made by 
subsection (a) shall apply only beginning on the date that 
is 5 years after the date of enactment of this Act, in the 
case of any State that has a program described in section 
105 of the NICS Improvement Amendments Act of 2007 
(34 U.S.C. 40915) in effect on the date of enactment of 
this Act. 
SEC. 503. INELIGIBILITY DUE TO DISQUALIFYING MENTAL 
STATUS. 
(a) Section 922(d)(4) of title 18, United States Code, 
is amended by striking ‘‘adjudicated as a mental defec-
tive’’ and inserting ‘‘adjudicated as ineligible due to dis-
qualifying mental status’’. 
(b) Section 922(g)(4) of title 18, United States Code, 
is amended by striking ‘‘adjudicated as a mental defec-
tive’’ and inserting ‘‘adjudicated as ineligible due to dis-
qualifying mental status’’. 
(c) Section 922(s)(3)(B)(iv) of title 18, United States 
Code, is amended by striking ‘‘adjudicated as a mental 
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defective’’ and inserting ‘‘adjudicated as ineligible due to 
disqualifying mental status’’. 
(d) Section 175b(d)(2)(F) of title 18, United States 
Code, is amended by striking ‘‘adjudicated as a mental 
defective’’ and inserting ‘‘adjudicated as ineligible due to 
disqualifying mental status’’. 
(e) Section 842(d)(6) of title 18, United States Code, 
is amended by striking ‘‘adjudicated as a mental defec-
tive’’ and inserting ‘‘adjudicated as ineligible due to dis-
qualifying mental status’’. 
(f) Section 842(i)(4) of title 18, United States Code, 
is amended by striking ‘‘adjudicated as a mental defec-
tive’’ and inserting ‘‘adjudicated as ineligible due to dis-
qualifying mental status’’. 
(g) Section 3(2) of the NICS Improvement Amend-
ments Act of 2007 (34 U.S.C. 40903) is amended by 
striking ‘‘adjudicated as a mental defective’’ and inserting 
‘‘adjudicated as ineligible due to disqualifying mental sta-
tus’’. 
(h) Section 101(b)(2)(C)(ii) of the NICS Improve-
ment Amendments Act of 2007 (34 U.S.C. 40911) is 
amended by striking ‘‘adjudicated as a mental defective’’ 
and inserting ‘‘adjudicated as ineligible due to disquali-
fying mental status’’. 
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(i) Section 101(c)(1)(C) of the NICS Improvement 
Amendments Act of 2007 (34 U.S.C. 40911) is amended 
by striking ‘‘adjudicated as a mental defective’’ and insert-
ing ‘‘adjudicated as ineligible due to disqualifying mental 
status’’. 
(j) Section 101(c)(3) of the NICS Improvement 
Amendments Act of 2007 (34 U.S.C. 40911) is amended 
in the matter preceding subparagraph (A), by striking 
‘‘adjudicate a person as a mental defective,’’ and inserting 
‘‘adjudicate a person as ineligible due to disqualifying 
mental status’’. 
(k) Section 101(c)(3)(A) of the NICS Improvement 
Amendments Act of 2007 (34 U.S.C. 40911) is amended 
by striking ‘‘adjudicate the person as a mental defective,’’ 
and inserting ‘‘adjudicate the person as ineligible due to 
disqualifying mental status’’. 
(l) Section 102(b)(1)(C)(iv) of the NICS Improve-
ment Amendments Act of 2007 (34 U.S.C. 40912) is 
amended by striking ‘‘adjudicated as a mental defective’’ 
and inserting ‘‘adjudicated as ineligible due to disquali-
fying mental status’’. 
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TITLE 
VI—SUBMISSION 
OF 
RECORDS TO NATIONAL IN-
STANT 
CRIMINAL 
BACK-
GROUND CHECK SYSTEM 
SEC. 601. REPORTS RELATING TO SUBMISSION OF INFOR-
MATION TO NICS. 
Section 201 of the NICS Improvement Amendments 
Act of 2007 (34 U.S.C. 40931) is amended— 
(1) by amending subsection (b) to read as fol-
lows: 
‘‘(b) REPORT ON PERSONS PROHIBITED FROM OB-
TAINING FIREARMS AS A RESULT OF A CONVICTION OF 
A MISDEMEANOR CRIME OF DOMESTIC VIOLENCE.—Not 
later than January 31 of each year, the Director shall sub-
mit to Congress a report containing the number of persons 
reported by each State to the National Instant Criminal 
Background Check System who are prohibited from pos-
sessing or receiving a firearm under section 922(g)(9) of 
title 18, United States Code.’’; 
(2) by redesignating subsection (d) as (e); and 
(3) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) REPORT ON PROMISING PRACTICES.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of the Safer Commu-
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nities Act of 2017, and annually thereafter, the Di-
rector shall submit to Congress and to each State 
participating in the National Criminal History Im-
provement Program, a report of the practices of the 
States that the Director considers to be promising 
practices. 
‘‘(2) PROMISING
PRACTICE
DEFINED.—For 
purposes of this subsection, the term ‘promising 
practice’ means a program, activity, or strategy of a 
State regarding the collection, maintenance, automa-
tion, and transmittal of information relevant to de-
termining whether a person is prohibited from pos-
sessing or receiving a firearm by Federal or State 
law, by the State or any other agency, or any other 
records relevant to the National Instant Criminal 
Background Check System, that the Director deter-
mines— 
‘‘(A) has been used by a State or other 
agency to successfully increase or expand its 
ability to collect, maintain, automate, and 
transmit the information described in the mat-
ter preceding this subparagraph; 
‘‘(B) shows promise in its early stages of 
becoming a best practice under subsection (c), 
with long-term sustainable impact; and 
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‘‘(C) may be replicated by other States or 
agencies.’’. 
SEC. 602. REAUTHORIZATION OF THE NATIONAL CRIMINAL 
HISTORY 
RECORDS 
IMPROVEMENT 
PRO-
GRAM. 
Section 106(b) of Public Law 103–159 (34 U.S.C. 
40302) is amended— 
(1) in paragraph (1), in the matter preceding 
subparagraph (A), by striking ‘‘of this Act’’ and in-
serting ‘‘of the Safer Communities Act of 2017’’; 
and 
(2) by striking paragraph (2) and inserting the 
following: 
‘‘(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated for grants 
under this subsection $100,000,000 for each of fis-
cal years 2019 through 2023.’’. 
SEC. 603. IMPROVEMENT OF METRICS AND INCENTIVES. 
Section 102(b) of the NICS Improvement Amend-
ments Act of 2007 (34 U.S.C. 40912) is amended to read 
as follows: 
‘‘(b) IMPLEMENTATION PLAN.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of the Safer Communities Act 
of 2017, the Attorney General, in coordination with 
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the States, shall establish for each State or Indian 
tribal government applying for a grant under section 
103 a 4-year implementation plan to ensure max-
imum coordination and automation of the reporting 
of records or making records available to the Na-
tional Instant Criminal Background Check System. 
‘‘(2) BENCHMARK
REQUIREMENTS.—Each 4- 
year plan established under paragraph (1) shall in-
clude annual benchmarks, including both qualitative 
goals and quantitative measures, to assess imple-
mentation of the 4-year plan. 
‘‘(3) PENALTIES FOR NON-COMPLIANCE.— 
‘‘(A) IN GENERAL.—During the 4-year pe-
riod covered by a 4-year plan established under 
paragraph (1), the Attorney General shall with-
hold— 
‘‘(i) 10 percent of the amount that 
would otherwise be allocated to a State 
under section 505 of the Omnibus Crime 
Control and Safe Streets Act of 1968 (34 
U.S.C. 10156) if the State does not meet 
the benchmark established under para-
graph (2) for the first year in the 4-year 
period; 
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‘‘(ii) 11 percent of the amount that 
would otherwise be allocated to a State 
under section 505 of the Omnibus Crime 
Control and Safe Streets Act of 1968 (34 
U.S.C. 10156) if the State does not meet 
the benchmark established under para-
graph (2) for the second year in the 4-year 
period; 
‘‘(iii) 13 percent of the amount that 
would otherwise be allocated to a State 
under section 505 of the Omnibus Crime 
Control and Safe Streets Act of 1968 (34 
U.S.C. 10156) if the State does not meet 
the benchmark established under para-
graph (2) for the third year in the 4-year 
period; and 
‘‘(iv) 15 percent of the amount that 
would otherwise be allocated to a State 
under section 505 of the Omnibus Crime 
Control and Safe Streets Act of 1968 (34 
U.S.C. 10156) if the State does not meet 
the benchmark established under para-
graph (2) for the fourth year in the 4-year 
period. 
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‘‘(B) FAILURE TO ESTABLISH A PLAN.—A 
State that fails to establish a plan under para-
graph (1) shall be treated as having not met 
any benchmark established under paragraph 
(2).’’. 
SEC. 604. GRANTS TO STATES TO IMPROVE COORDINATION 
AND AUTOMATION OF NICS RECORD REPORT-
ING. 
(a) IN GENERAL.—The NICS Improvement Amend-
ments Act of 2007 (34 U.S.C. 40901 et seq.) is amend-
ed— 
(1) by striking section 103 and inserting the 
following: 
‘‘SEC. 103. GRANTS TO STATES FOR IMPROVEMENT OF CO-
ORDINATION AND AUTOMATION OF NICS 
RECORD REPORTING. 
‘‘(a) AUTHORIZATION.—From amounts made avail-
able to carry out this section, the Attorney General shall 
make grants to States, Indian Tribal governments, and 
State court systems, in a manner consistent with the Na-
tional Criminal History Improvement Program and con-
sistent with State plans for integration, automation, and 
accessibility of criminal history records, for use by the 
State, or units of local government of the State, Indian 
Tribal government, or State court system to improve the 
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automation and transmittal of mental health records and 
criminal history dispositions, records relevant to deter-
mining whether a person has been convicted of a mis-
demeanor crime of domestic violence, court orders, and 
mental health adjudications or commitments to Federal 
and State record repositories in accordance with section 
102 and the National Criminal History Improvement Pro-
gram. 
‘‘(b) USE OF GRANT AMOUNTS.—Grants awarded to 
States, Indian Tribal governments, or State court systems 
under this section may only be used to— 
‘‘(1) carry out, as necessary, assessments of the 
capabilities of the courts of the State or Indian Trib-
al government for the automation and transmission 
of arrest and conviction records, court orders, and 
mental health adjudications or commitments to Fed-
eral and State record repositories; 
‘‘(2) implement policies, systems, and proce-
dures for the automation and transmission of arrest 
and conviction records, court orders, and mental 
health adjudications or commitments to Federal and 
State record repositories; 
‘‘(3) create electronic systems that provide ac-
curate and up-to-date information which is directly 
related to checks under the National Instant Crimi-
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nal Background Check System, including court dis-
position and corrections records; 
‘‘(4) assist States or Indian Tribal governments 
in establishing or enhancing their own capacities to 
perform background checks using the National In-
stant Criminal Background Check System; and 
‘‘(5) develop and maintain the relief from dis-
abilities program in accordance with section 105. 
‘‘(c) ELIGIBILITY.— 
‘‘(1) IN GENERAL.—To be eligible for a grant 
under this section, a State, Indian Tribal govern-
ment, or State court system shall certify, to the sat-
isfaction of the Attorney General, that the State, In-
dian Tribal government, or State court system— 
‘‘(A) is not prohibited by State law or 
court order from submitting mental health 
records to the National Instant Criminal Back-
ground Check System; and 
‘‘(B) subject to paragraph (2), has imple-
mented a relief from disabilities program in ac-
cordance with section 105. 
‘‘(2) RELIEF FROM DISABILITIES PROGRAM.— 
For purposes of obtaining a grant under this sec-
tion, a State, Indian Tribal government, or State 
court system shall not be required to meet the eligi-
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bility requirement described in paragraph (1)(B) 
until the date that is 2 years after the date of enact-
ment of the Safer Communities Act of 2017. 
‘‘(d) FEDERAL SHARE.— 
‘‘(1) STUDIES, ASSESSMENTS, NON-MATERIAL 
ACTIVITIES.—The Federal share of a study, assess-
ment, creation of a task force, or other non-material 
activity, as determined by the Attorney General, car-
ried out with a grant under this section shall be not 
more than 25 percent. 
‘‘(2) INFRASTRUCTURE OR SYSTEM DEVELOP-
MENT.—The Federal share of an activity involving 
infrastructure or system development, including 
labor-related costs, for the purpose of improving 
State or Indian Tribal government record reporting 
to the National Instant Criminal Background Check 
System carried out with a grant under this section 
may amount to 100 percent of the cost of the activ-
ity. 
‘‘(e) GRANTS TO INDIAN TRIBES.—Up to 5 percent 
of the grant funding available under this section may be 
reserved for Indian tribal governments for use by Indian 
tribal judicial systems. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
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$100,000,000 for each of fiscal years 2018 through 
2021.’’; 
(2) by striking title III; and 
(3) in section 401(b), by inserting after ‘‘of this 
Act’’ the following: ‘‘and 18 months after the date 
of enactment of the Safer Communities Act of 
2017’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections in section 1(b) of the NICS Improve-
ment Amendments Act of 2007 is amended by striking 
the item relating to section 103 and inserting the fol-
lowing: 
‘‘Sec. 103. Grants to States for improvement of coordination and automation 
of NICS record reporting.’’. 
SEC. 605. SHARING OF RECORDS BY FEDERAL DEPART-
MENTS AND AGENCIES WITH NICS. 
Section 101(b) of the NICS Improvement Act of 
2007 (34 U.S.C. 40911) is amended— 
(1) in paragraph (2)— 
(A) in subparagraph (B), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (C), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by inserting at the end the following: 
‘‘(D) not later than 180 days after the 
date of the enactment of the Safer Communities 
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Act of 2017, and annually thereafter, submit a 
report to Congress on the compliance of the 
heads of Federal departments and agencies 
with the requirements of paragraphs (1) and 
(3).’’; and 
(2) by adding at the end the following: 
‘‘(3) OTHER
FEDERAL
DEPARTMENTS
AND 
AGENCIES.—The head of each Federal department 
or agency in possession of records which are relevant 
to a determination of whether a person is disquali-
fied from possessing or receiving a firearm under 
subsection (g) or (n) of section 922 of title 18, 
United States Code, shall make available to the At-
torney General, such records, updated not less than 
quarterly, for use in the background checks per-
formed by the National Instant Criminal Back-
ground Check System.’’. 
Æ 
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