Title: RESPONSE Act
Policy area: Crime and Law Enforcement

Summary:
Restoring, Enhancing, Securing, and Promoting Our Nation's Safety Efforts Act of 2019 or the RESPONSE Act
This bill expands resources for mental health treatment and behavioral intervention, establishes task forces to investigate and prosecute individuals for certain offenses involving firearms, and limits the scope of federal appeals for individuals who commit murder involving acts of terrorism or hate crimes.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2690 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 2690

  To reduce mass violence, strengthen mental health collaboration in 
      communities, improve school safety, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 23, 2019

   Mr. Cornyn (for himself, Ms. McSally, Ms. Ernst, Mr. Tillis, Mrs. 
Capito, and Mr. Scott of South Carolina) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To reduce mass violence, strengthen mental health collaboration in 
      communities, improve school safety, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Restoring, Enhancing, Securing, and 
Promoting Our Nation's Safety Efforts Act of 2019'' or the ``RESPONSE 
Act''.

SEC. 2. MENTAL HEALTH CRISIS STABILIZATION.

    (a) Planning and Implementation Grants.--Title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.) is 
amended by inserting after part NN the following:

     ``PART OO--CRISIS STABILIZATION AND COMMUNITY REENTRY PROGRAM.

``SEC. 3101. GRANT AUTHORIZATION.

    ``(a) In General.--The Attorney General may make grants under this 
part to States, for use by State and local correctional facilities, for 
the purpose of providing clinical services for people with serious 
mental illness that establish treatment, suicide prevention, and 
continuity of recovery in the community upon release from the 
correctional facility.
    ``(b) Use of Funds.--A grant awarded under this part shall be used 
to support--
            ``(1) programs involving criminal and juvenile justice 
        agencies, mental health agencies, and community-based 
        behavioral health providers that improve clinical stabilization 
        during incarceration and continuity of care leading to recovery 
        in the community by providing services and supports that may 
        include peer support services, enrollment in health care, and 
        introduction to long-acting injectable medications or, as 
        clinically indicated, other medications, by--
                    ``(A) providing training and education for criminal 
                and juvenile justice agencies, mental health agencies, 
                and community-based behavioral health providers on 
                interventions that support--
                            ``(i) engagement in recovery supports and 
                        services;
                            ``(ii) access to medication while in an 
                        incarcerated setting; and
                            ``(iii) continuity of care during reentry 
                        into the community;
                    ``(B) ensuring that offenders with serious mental 
                illness are provided appropriate access to evidence-
                based recovery supports that may include peer support 
                services, medication (including long-acting injectable 
                medications where clinically appropriate), and psycho-
                social therapies;
                    ``(C) offering technical assistance to criminal 
                justice agencies on how to modify their administrative 
                and clinical processes to accommodate evidence-based 
                interventions, such as long-acting injectable 
                medications and other recovery supports; and
                    ``(D) participating in data collection activities 
                specified by the Attorney General, in consultation with 
                the Secretary of Health and Human Services;
            ``(2) programs that support cooperative efforts between 
        criminal and juvenile justice agencies, mental health agencies, 
        and community-based behavioral health providers to establish or 
        enhance serious mental illness recovery support by--
                    ``(A) strengthening or establishing crisis response 
                services delivered by hotlines, mobile crisis teams, 
                crisis stabilization and triage centers, peer support 
                specialists, public safety officers, community-based 
                behavioral health providers, and other stakeholders, 
                including by providing technical support for 
                interventions that promote long-term recovery;
                    ``(B) engaging criminal and juvenile justice 
                agencies, mental health agencies and community-based 
                behavioral health providers, preliminary qualified 
                offenders, and family and community members in program 
                design, program implementation, and training on crisis 
                response services, including connection to recovery 
                services and supports;
                    ``(C) examining health care reimbursement issues 
                that may pose a barrier to ensuring the long-term 
                financial sustainability of crisis response services 
                and interventions that promote long-term engagement 
                with recovery services and supports; and
                    ``(D) participating in data collection activities 
                specified by the Attorney General, in consultation with 
                the Secretary of Health and Human Services; and
            ``(3) programs that provide training and additional 
        resources to criminal and juvenile justice agencies, mental 
        health agencies, and community-based behavioral health 
        providers on serious mental illness, suicide prevention 
        strategies, recovery engagement strategies, and the special 
        health and social needs of justice-involved individuals who are 
        living with serious mental illness.
    ``(c) Consultation.--The Attorney General shall consult with the 
Secretary of Health and Human Services to ensure that serious mental 
illness treatment and recovery support services provided under this 
grant program incorporate evidence-based approaches that facilitate 
long-term engagement in recovery services and supports.

``SEC. 3102. STATE APPLICATIONS.

    ``(a) In General.--To request a grant under this part, the chief 
executive of a State shall submit an application to the Attorney 
General--
            ``(1) in such form and containing such information as the 
        Attorney General may reasonably require;
            ``(2) that includes assurances that Federal funds received 
        under this part shall be used to supplement, not supplant, non-
        Federal funds that would otherwise be available for activities 
        funded under this part; and
            ``(3) that describes the coordination between State 
        criminal and juvenile justice agencies, mental health agencies 
        and community-based behavioral health providers, preliminary 
        qualified offenders, and family and community members in--
                    ``(A) program design;
                    ``(B) program implementation; and
                    ``(C) training on crisis response, medication 
                adherence, and continuity of recovery in the community.
    ``(b) Eligibility for Preference With Community Care Component.--
            ``(1) In general.--In awarding grants under this part, the 
        Attorney General shall give preference to a State that ensures 
        that individuals who participate in a program, funded by a 
        grant under this part will be provided with continuity of care, 
        in accordance with paragraph (2), in a community care provider 
        program upon release from a correctional facility.
            ``(2) Requirements.--For purposes of paragraph (1), the 
        continuity of care shall involve the coordination of the 
        correctional facility treatment program with qualified 
        community behavioral health providers and other recovery 
        supports, parole supervision programs, half-way house programs, 
        and participation in peer recovery group programs, which may 
        aid in ongoing recovery after the individual is released from 
        the correctional facility.
            ``(3) Community care provider program defined.--For 
        purposes of this subsection, the term `community care provider 
        program' means a community mental health center or certified 
        community behavioral health clinic that directly provides to an 
        individual, or assists in connecting an individual to the 
        provision of, appropriate community-based treatment, medication 
        management, and other recovery supports, when the individual 
        leaves a correctional facility at the end of a sentence or on 
        parole.
    ``(c) Coordination of Federal Assistance.--Each application 
submitted for a grant under this part shall include a description of 
how the funds made available under this part will be coordinated with 
Federal assistance for behavioral health services currently provided by 
the Department of Health and Human Services' Substance Abuse and Mental 
Health Services Administration.

``SEC. 3103. REVIEW OF STATE APPLICATIONS.

    ``(a) In General.--The Attorney General shall make a grant under 
section 3101 to carry out the projects described in the application 
submitted under section 3102 upon determining that--
            ``(1) the application is consistent with the requirements 
        of this part; and
            ``(2) before the approval of the application, the Attorney 
        General has made an affirmative finding in writing that the 
        proposed project has been reviewed in accordance with this 
        part.
    ``(b) Approval.--Each application submitted under section 3102 
shall be considered approved, in whole or in part, by the Attorney 
General not later than 90 days after first received, unless the 
Attorney General informs the applicant of specific reasons for 
disapproval.
    ``(c) Restriction.--Grant funds received under this part shall not 
be used for land acquisition or construction projects.
    ``(d) Disapproval Notice and Reconsideration.--The Attorney General 
may not disapprove any application without first affording the 
applicant reasonable notice and an opportunity for reconsideration.

``SEC. 3104. EVALUATION.

    ``Each State that receives a grant under this part shall submit to 
the Attorney General an evaluation not later than March 1 of each year 
in such form and containing such information as the Attorney General, 
in consultation with the Secretary of Health and Human Services, may 
reasonably require.

``SEC. 3105. AUTHORIZATION OF FUNDING.

    ``For purposes of carrying out this part, the Attorney General is 
authorized to award not more than $10,000,000 of funds appropriated to 
the Department of Justice for State and local law enforcement 
activities for each of fiscal years 2020 through 2025.''.
    (b) National Criminal Justice and Mental Health Training and 
Technical Assistance.--Section 2992(c)(3) of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10652(c)(3)) is 
amended by inserting before the semicolon at the end the following: ``, 
which may include interventions designed to enhance access to 
medication.''.

SEC. 3. MENTAL HEALTH CRISIS INTERVENTION TEAMS.

    Section 1701(b)(19) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (34 U.S.C. 10381(b)(19)) is amended--
            (1) by inserting ``respond to and'' before ``address''; and
            (2) by inserting ``, including partnerships with health 
        care providers to create and operate mental health crisis 
        intervention teams'' before the semicolon at the end.

SEC. 4. BEST PRACTICES FOR BEHAVIORAL INTERVENTION TEAMS.

    The Public Health Service Act is amended by inserting after section 
520G of such Act (42 U.S.C. 290bb-38) the following new section:

``SEC. 520H. BEST PRACTICES FOR BEHAVIORAL INTERVENTION TEAMS.

    ``(a) In General.--The Secretary shall identify and facilitate the 
development of best practices to assist elementary schools, secondary 
schools, and institutions of higher education in establishing and using 
behavioral intervention teams.
    ``(b) Elements.--The best practices under subsection (a) shall 
address the following:
            ``(1) How behavioral intervention teams can operate 
        effectively from an evidence-based, objective perspective while 
        protecting the constitutional and civil rights of individuals.
            ``(2) The use of behavioral intervention teams to identify 
        concerning behaviors, implement interventions, and manage risk 
        through the framework of the school's or institution's rules or 
        code of conduct, as applicable.
            ``(3) How behavioral intervention teams can, when assessing 
        an individual of concern--
                    ``(A) access training on evidence-based, threat-
                assessment strategies;
                    ``(B) ensure that such teams--
                            ``(i) have trained, diverse stakeholders 
                        with varied expertise; and
                            ``(ii) use cross-validation by a wide-range 
                        of individual perspectives on the team; and
                    ``(C) use violence threat assessment.
            ``(4) How behavioral intervention teams can help mitigate--
                    ``(A) the inappropriate use of mental health 
                assessments;
                    ``(B) inappropriate limitations or restrictions on 
                law enforcement's jurisdiction over criminal matters;
                    ``(C) attempts to substitute the behavioral 
                intervention process in place of a criminal process, or 
                impede a criminal process, when an individual's 
                behavior has potential criminal implications; or
                    ``(D) endangerment of an individual's privacy by 
                failing to ensure that all applicable Federal and State 
                privacy laws are fully complied with.
    ``(c) Consultation.--In carrying out subsection (a)(1), the 
Secretary shall consult with--
            ``(1) the Secretary of Education;
            ``(2) the Director of the National Threat Assessment Center 
        of the Department of Homeland Security;
            ``(3) the Attorney General of the United States, including 
        the Director of the Bureau of Justice Assistance;
            ``(4) teachers and other educators, principals, school 
        administrators, school board members, school psychologists, 
        mental health professionals, and parents of students;
            ``(5) local law enforcement agencies and campus law 
        enforcement administrators;
            ``(6) privacy experts; and
            ``(7) other education and mental health professionals as 
        the Secretary deems appropriate.
    ``(d) Publication.--Not later than 1 year after the date of 
enactment of this section, the Secretary shall publish the best 
practices under subsection (a)(1) and the list under subsection (a)(2) 
on the internet website of the Department of Health and Human Services.
    ``(e) Technical Assistance.--The Secretary shall provide technical 
assistance to institutions of higher education, elementary schools, and 
secondary schools to assist such institutions and schools in 
implementing the best practices under subsection (a).
    ``(f) Definitions.--In this section:
            ``(1) The term `behavioral intervention team' means a team 
        of qualified individuals who--
                    ``(A) are responsible for identifying and assessing 
                individuals whose behavior indicates violence or 
                physical bodily harm to self or others;
                    ``(B) develop and facilitate implementation of 
                evidence-based interventions to mitigate the threat of 
                harm to self or others posed by an individual and 
                address the mental and behavioral health needs of such 
                individuals to reduce such threat; and
                    ``(C) provide information to students and school 
                employees on recognizing harmful, threatening, or 
                violent behavior that may pose a threat to the 
                community, the school, or an individual.
            ``(2) The terms `elementary school', `parent', and 
        `secondary school' have the meanings given to such terms in 
        section 8101 of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 7801).
            ``(3) The term `institution of higher education' has the 
        meaning given to such term in section 101 of the Higher 
        Education Act of 1965 (20 U.S.C. 1002).
            ``(4) The term `mental health assessment' means an 
        evaluation, primarily focused on diagnosis, determining the 
        need for involuntary commitment, medication management, and on-
        going treatment recommendations.
            ``(5) The term `violence risk assessment' means a broad 
        determination of the potential risk of violence based on 
        evidence-based literature.''.

SEC. 5. CHILDREN'S INTERNET PROTECTION ACT AMENDMENT.

    (a) In General.--Section 254(h)(5)(B) of the Communications Act of 
1934 (47 U.S.C. 254(h)(5)(B)) is amended--
            (1) by redesignating clauses (ii) and (iii) as clauses 
        (iii) and (iv), respectively;
            (2) by inserting after clause (i) the following:
                            ``(ii) as part of its Internet safety 
                        policy is operating a technology protection 
                        measure that detects online activities of 
                        minors who are at risk of committing self-harm 
                        or extreme violence against others;''; and
            (3) in clause (iii), as so designated, by striking ``such 
        technology protection measure'' and inserting ``the technology 
        protection measures described in clauses (i) and (ii)''.
    (b) Regulations; Effective Date.--
            (1) Regulations.--Not later than 1 year after the date of 
        enactment of this Act, the Federal Communications Commission 
        shall amend section 54.520 of title 47, Code of Federal 
        Regulations, to implement the amendments made by subsection 
        (a).
            (2) Effective date.--
                    (A) In general.--The amendments made by subsection 
                (a) shall take effect on the date that is 120 days 
                after the date on which the Federal Communications 
                Commission amends the regulations under paragraph (1) 
                of this subsection.
                    (B) Submission of modified certification.--Not 
                later than 120 days after the first day of the first 
                program funding year under section 254(h) of the 
                Communications Act of 1934 (47 U.S.C. 254(h)) following 
                the effective date under subparagraph (A) of this 
                paragraph, in the case of a school that is covered 
                under paragraph (5) of such section 254(h) as of that 
                effective date, the school (or school board, local 
                educational agency, or other authority with 
                responsibility for administration of the school, as 
                applicable) shall submit to the Federal Communications 
                Commission a modified certification of the compliance 
                of the school with subparagraph (B) of such paragraph 
                (5), as amended by subsection (a) of this section.

SEC. 6. ASSISTED OUTPATIENT TREATMENT FOR PERSONS WITH MENTAL ILLNESS.

    Section 1920 of the Public Health Service Act (42 U.S.C. 300x-9) is 
amended by adding at the end the following:
    ``(d) Assisted Out-Patient Treatment.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        State shall expend not less than 10 percent of the amount the 
        State receives under this section for each fiscal year to 
        support the development and implementation of court-ordered 
        assisted outpatient treatment programs (as defined in section 
        2202(3) of title I of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (34 U.S.C. 10472(3))).
            ``(2) State flexibility.--In lieu of expending 10 percent 
        of the amount the State receives under this section for a 
        fiscal year as required under paragraph (1), a State may elect 
        to--
                    ``(A) expend not less than 20 percent of such 
                amount by the end of such succeeding fiscal year; or
                    ``(B) otherwise support evidence-based programs 
                that address the needs of eligible patients, as defined 
                in section 2202(4) of title I of the Omnibus Crime 
                Control and Safe Streets Act of 1968 (34 U.S.C. 
                10472(4)).''.

SEC. 7. TARGETED STRATEGIES TO ADDRESS THE MENTAL HEALTH CARE NEEDS AND 
              RISK AMONG INDIVIDUALS WITH MENTAL ILLNESS INVOLVED WITH 
              THE CRIMINAL JUSTICE SYSTEM.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Health and Human Services 
(referred to in this section as the ``Secretary'') shall submit to the 
Committee on Finance of the Senate, the Committee on Health, Education, 
Labor, and Pensions of the Senate, and the Committee on Energy and 
Commerce of the House of Representatives, a report on the current State 
strategies under the Medicaid program under title XIX of the Social 
Security Act (42 U.S.C. 1396 et seq.) to address the mental health 
needs and criminogenic risk among individuals with mental illnesses 
involved in the criminal justice system.
    (b) Content of Report.--The report required under subsection (a) 
shall include--
            (1) examples of States that have existing targeted 
        strategies to address the mental health needs and criminogenic 
        risk among individuals with mental illnesses involved in the 
        criminal justice system;
            (2) a toolkit for replicating successful model programs; 
        and
            (3) an assessment of the current landscape and gaps in 
        treatment for individuals with mental illnesses involved in the 
        criminal justice system.

SEC. 8. DEVELOPING GUIDANCE ON BUILDING CAPACITY FOR ADDRESSING THE 
              MENTAL HEALTH CARE NEEDS OF INDIVIDUALS IN OR AT RISK OF 
              INVOLVEMENT WITH THE CRIMINAL JUSTICE SYSTEM UNDER THE 
              MEDICAID PROGRAM.

    (a) In General.--Not later than 2 years after enactment of this 
Act, the Secretary of Health and Human Services (referred to in this 
section as the ``Secretary''), acting through the Administrator of the 
Centers for Medicare & Medicaid Services, shall--
            (1) issue a State Medicaid Director letter, based on best 
        practices developed under subsection (b), regarding existing 
        flexibility in the Medicaid program to expand the capacity to 
        provide targeted mental health services for individuals at high 
        risk of criminal justice involvement;
            (2) disseminate such letter to providers; and
            (3) publish such letter on the public internet websites of 
        the Centers for Medicare & Medicaid Services and the Substance 
        Abuse and Mental Health Services Administration.
    (b) Consultation.--In developing the letter under subsection (a), 
the Secretary shall consult with relevant stakeholders, including--
            (1) State Medicaid directors;
            (2) providers and suppliers of services;
            (3) Medicaid managed care organizations;
            (4) health care consumers or groups representing such 
        consumers; and
            (5) other entities, as the Secretary determines 
        appropriate, that can help to develop best practices for States 
        with respect to the issues described in subsection (c).
    (c) Content.--The letter described in subsection (a) shall include, 
with respect to hospitals, community health centers, and individuals 
described in such subsection--
            (1) suggestions for increasing capacity for community 
        mental health care and social supports, such as housing;
            (2) suggestions for delivering mental health care in a 
        coordinated way;
            (3) suggestions for financing and providing targeted mental 
        health and crisis intervention services; and
            (4) incentives for models (such as managed care) that 
        target and coordinate care to reach individuals who most need 
        such care.

SEC. 9. INCREASING ACCESS TO COMMUNITY MENTAL HEALTH CARE AND EXPANDING 
              THE PROVIDER WORKFORCE.

    Not later than 1 year after the date of the enactment of this Act, 
the Secretary of Health and Human Services (referred to in this section 
as the ``Secretary'') shall submit to the Committee on Finance of the 
Senate, the Committee on Health, Education, Labor, and Pensions of the 
Senate, and the Committee on Energy and Commerce of the House of 
Representatives a report on strategies to expand the mental health 
workforce, including the following:
            (1) An analysis of the increasing demand for mental health 
        services and any delays in treatment, reduced quality of care, 
        low patient satisfaction, and poor patient outcomes, and other 
        negative consequences as a result of workforce shortages in the 
        mental health profession, including the shortage of 
        psychiatrists, psychologists, social workers, and other mental 
        health workers.
            (2) The feasibility of increasing the number of States that 
        can be funded to develop certified community behavioral health 
        clinics for purposes of section 223 of the Protecting Access to 
        Medicare Act of 2014 (42 U.S.C. 1396a note), to provide 
        targeted responses for individuals in or at risk of involvement 
        with the criminal justice system.
            (3) The feasibility of expanding coverage of telemedicine 
        to improve access to care, with a particular emphasis on remote 
        or rural areas and removing regulatory barriers that currently 
        exist for expanding such services.
            (4) The feasibility of expanding loan forgiveness options 
        for mental health professionals, including expanding 
        scholarship and loan forgiveness programs and including 
        incentives to encourage such professionals to work in 
        underserved areas.
            (5) The feasibility of expanding and enhancing psychosocial 
        and behavioral health training for primary care providers.
            (6) The feasibility of requiring all States to pay for 
        mental health services at federally qualified health centers, 
        including mental health services that are provided on the same 
        day as primary care services.
            (7) The feasibility of expanding peer community health 
        workers and others with lived experience for support recovery.

SEC. 10. FACILITATING STRONGER PARTNERSHIPS AND BETTER COOPERATION 
              BETWEEN LAW ENFORCEMENT AND ONLINE EDGE SERVICE 
              PROVIDERS.

    Section 2702 of title 18, United States Code, is amended--
            (1) in subsection (b)(8)--
                    (A) by striking ``to a governmental entity, if the 
                provider'' and inserting the following: ``to a 
                governmental entity, if--
                    ``(A) the provider''; and
                    (B) by adding at the end the following:
                    ``(B) the provider, based on a reasonable belief 
                and in good faith reliance on actual knowledge of facts 
                and circumstances, believes that an individual or group 
                of individuals may be--
                            ``(i) a danger to themselves or others; or
                            ``(ii) involved in the planning of--
                                    ``(I) an offense described in 
                                section 249(a) (relating to hate 
                                crimes); or
                                    ``(II) an act of domestic terrorism 
                                or international terrorism (as those 
                                terms are defined in section 2331); 
                                or'';
            (2) in subsection (c)(4)--
                    (A) by striking ``to a governmental entity, if the 
                provider'' and inserting the following: ``to a 
                governmental entity, if--
                    ``(A) the provider''; and
                    (B) by adding at the end the following: ``or
                    ``(B) the provider, based on a reasonable belief 
                and in good faith reliance on actual knowledge of facts 
                and circumstances, believes that an individual or group 
                of individuals may be--
                            ``(i) a danger to themselves or others; or
                            ``(ii) involved in the planning of--
                                    ``(I) an offense described in 
                                section 249(a) (relating to hate 
                                crimes); or
                                    ``(II) an act of domestic terrorism 
                                or international terrorism (as those 
                                terms are defined in section 2331);''; 
                                and
            (3) in subsection (d)--
                    (A) in paragraph (1), by inserting ``(A)'' after 
                ``(b)(8)'';
                    (B) in paragraph (2)(A), by inserting ``(A)'' after 
                ``(b)(8)''; and
                    (C) in paragraph (3), by inserting ``(A)'' after 
                ``(c)(4)''.

SEC. 11. EXILE ILLEGAL FIREARMS DEALER TASK FORCES.

    (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Attorney General, acting through the 
Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, 
shall establish an Exile Illegal Firearms Dealer Task Force (referred 
to in this section as the ``Task Force'') within each Field Division of 
the Bureau of Alcohol, Tobacco, Firearms and Explosives.
    (b) Purposes.--Each Task Force established under subsection (a) 
shall investigate and assist in the prosecution of individuals who are 
involved in--
            (1) the unlicensed and unlawful manufacture or sale of 
        firearms under section 923 of title 18, United States Code; or
            (2) the illegal purchase of firearms through false or 
        fictitious means under section 922(a)(6) of title 18, United 
        States Code.
    (c) Participants.--Each Task Force established under subsection (a) 
shall--
            (1) be directed by the Special Agent in Charge of the 
        relevant Field Division of the Bureau of Alcohol, Tobacco, 
        Firearms and Explosives, in coordination with the United States 
        Attorney of the judicial district in which the Task Force is 
        located; and
            (2) include officials from Federal, State, and local law 
        enforcement agencies involved in the investigation or 
        prosecution of firearms offenses.
    (d) Requirement.--Each United States Attorney who is a participant 
in a Task Force created under subsection (a) shall designate one 
Assistant United States Attorney who, in addition to any other 
responsibilities, shall be responsible for overseeing the prosecution 
of case referrals arising from the Task Force.
    (e) Accountability.--Not later than the beginning of each fiscal 
year after the date of enactment of this Act, each Task Force 
established under subsection (a) shall submit a report to the Attorney 
General, the Committee on the Judiciary of the Senate, and the 
Committee on the Judiciary of the House of Representatives that details 
the enforcement goals and results of the Task Force, including, with 
respect to the previous fiscal year--
            (1) the number of individuals investigated for crimes 
        arising from violations of section 922(a)(6) or 923 of title 
        18, United States Code;
            (2) the number of individuals charged with violations of 
        section 922(a)(6) or 923 of title 18, United States Code; and
            (3) the number of individuals convicted of crimes arising 
        from violations of section 922(a)(6) or 923 of title 18, United 
        States Code.
    (f) Authorization for Use of Funds.--
            (1) In general.--The Attorney General shall fund Federal 
        agency participation in each Task Force established under 
        subsection (a) through the use of funds otherwise appropriated 
        for the necessary expenses of--
                    (A) the Bureau of Alcohol, Tobacco, Firearms and 
                Explosives;
                    (B) the Office of the United States Attorneys; and
                    (C) the Federal Bureau of Investigation.
            (2) Grants for state and local law enforcement agencies.--
        Using funds available under section 524(c) of title 28, United 
        States Code, the Attorney General may make grants or other 
        payments to State and local law enforcement agencies related to 
        participation in a Task Force established under subsection (a).

SEC. 12. RESPONDING TO TERRORIST ACTIVE SHOOTERS.

    (a) Limitation on Federal Habeas Relief for Murders Involving Acts 
of Terrorism or Hate Crimes.--
            (1) Justice for victims of terrorism and hate crimes.--
                    (A) In general.--Section 2254 of title 28, United 
                States Code, is amended by adding at the end the 
                following:
    ``(j)(1) For an application for a writ of habeas corpus on behalf 
of a person in custody pursuant to the judgment of a State court for a 
crime that involved an act of domestic or international terrorism (as 
those terms are defined in section 2331 of title 18) or a hate crime 
(as described in section 249 of title 18)--
                    ``(A) the application shall be subject to the time 
                limitations and other requirements under sections 2263, 
                2264, and 2266; and
                    ``(B) the court shall not consider claims relating 
                to sentencing that were adjudicated in a State court.
    ``(2) Sections 2251, 2262, and 2101 are the exclusive sources of 
authority for Federal courts to stay a sentence of death entered by a 
State court in a case described in paragraph (1).''.
            (2) Rules.--Rule 11 of the Rules Governing Section 2254 
        Cases in the United States District Courts is amended by adding 
        at the end the following: ``Rule 60(b)(6) of the Federal Rules 
        of Civil Procedure shall not apply to a proceeding under these 
        rules in a case that is described in section 2254(j) of title 
        28, United States Code.''.
            (3) Finality of determination.--Section 2244(b)(3)(E) of 
        title 28, United States Code, is amended by striking ``the 
        subject of a petition'' and all that follows and inserting: 
        ``reheard in the court of appeals or reviewed by writ of 
        certiorari.''.
            (4) Effective date and applicability.--
                    (A) In general.--This paragraph and the amendments 
                made by this paragraph shall apply to any case pending 
                on or after the date of enactment of this Act.
                    (B) Time limits.--In a case pending on the date of 
                enactment of this Act, if the amendments made by this 
                paragraph impose a time limit for taking certain 
                action, the period of which began before the date of 
                enactment of this Act, the period of such time limit 
                shall begin on the date of enactment of this Act.
                    (C) Exception.--The amendments made by this 
                paragraph shall not bar consideration under section 
                2266(b)(3)(B) of title 28, United States Code, of an 
                amendment to an application for a writ of habeas corpus 
                that is pending on the date of enactment of this Act, 
                if the amendment to the petition was adjudicated by the 
                court prior to the date of enactment of this Act.
    (b) Terrorism Prevention.--Section 2006(a)(2) of the Homeland 
Security Act of 2002 (6 U.S.C. 607(a)(2)) is amended--
            (1) by redesignating subparagraphs (I) and (J) as 
        subparagraphs (J) and (K), respectively; and
            (2) by inserting after subparagraph (H) the following:
                    ``(I) nationally recognized active shooter training 
                programs that offer scenario-based, integrated response 
                courses designed to counter active shooter threats or 
                acts of terrorism against individuals or facilities by 
                including emergency medical services and other first 
                responders;''.
    (c) Acts of Terrorism.--Section 2001 of the Homeland Security Act 
of 2002 (6 U.S.C. 601) is amended by--
            (1) redesignating paragraphs (1) through (14) as paragraphs 
        (2) through (15), respectively; and
            (2) by inserting before paragraph (2), as so redesignated, 
        the following:
            ``(1) Act of terrorism.--The term `act of terrorism' 
        includes an act of international terrorism and an act of 
        domestic terrorism, as those terms are defined in section 2331 
        of title 18, United States Code.''.
                                 <all>