,i #aafth ,,congress #ast ,session ,h4 ,r4 #daii ,,in ,,the ,,house ,,of ,,representatives ,august #bj1 #bjai,mr4 ,thompson of ,california 7for himself and ,mr4 ,perlmutter7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,energy and ,commerce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to protect individuals by strengthening the ,nation's mental health infrastructure1 improving the understanding of violence1 strengthening firearm prohibitions and protections for at-risk individuals1 and improving and expanding the reporting of mental health records to the ,national ,instant ,criminal ,background ,check ,system4 #a4 ,short title ,this ,act may be cited as the ,safer ,communities ,act of #bjai4 #b4 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,sec4 #c4 ,statement of purpose4 ,title ,i--,strengthening and improving intervention efforts ,sec4 #aja4 ,mental health crisis assessment1 prevention1 and education grant program4 ,sec4 #ajb4 ,school-based mental health programs4 ,sec4 #ajc4 ,high utilizers4 ,title ,,ii--,improving research on violence ,sec4 #bja4 ,research with respect to violence4 ,title ,,iii--,understanding the epidemic of gun violence ,sec4 #cja4 ,national violent death reporting system4 ,sec4 #cjb4 ,reaffirming ,centers for ,disease ,control and ,prevention's authority4 ,sec4 #cjc4 ,protecting confidential doctor-patient relationship4 ,title ,,iv--,ensuring safe communities ,sec4 #dja4 ,ban on firearm possession by person committed involuntarily to mental institution on an outpatient basis4 ,sec4 #djb4 ,grant program regarding firearms4 ,sec4 #djc4 ,notification of ,state and local law enforcement authorities of attempt to purchase firearm by ineligible person4 ,title ,v--,restoration ,sec4 #eja4 ,federal agency relief program4 ,sec4 #ejb4 ,state relief programs4 ,sec4 #ejc4 ,ineligibility due to disqualifying mental status4 ,title ,,vi--,submission of ,records to ,national ,instant ,criminal ,background ,check ,system ,sec4 #fja4 ,reports relating to submission of information to ,,nics4 ,sec4 #fjb4 ,reauthorization of the ,national ,criminal ,history ,records ,improvement ,program4 ,sec4 #fjc4 ,improvement of metrics and incentives4 ,sec4 #fjd4 ,grants to ,states to improve coordination and automation of ,,nics record reporting4 ,sec4 #fje4 ,sharing of records by ,federal departments and agencies with ,,nics4 #c4 ,statement of purpose ,the purpose of this ,act is to ensure the public safety and welfare of communities by promoting evidence-based approaches that will prevent the tragic toll of gun violence on families and communities4 ,this purpose can be accomplished by-- 7#a7 strengthening and improving intervention efforts by increasing investments in programs designed to appropriately identify1 respond to1 treat1 and mitigate future behavioral health crises2 7#b7 prioritizing research on reducing the threat of gun violence to self or others and identifying further risk factors for violence1 including gender1 culture1 substance abuse1 and history of violence2 and 7#c7 restricting gun access by individuals found to be at an elevated risk of committing future acts of violence against self or others4 ,i ,strengthening and improving intervention efforts #aja4 ,mental health crisis assessment1 prevention1 and education grant program 7a7 ,definitions ,for purposes of this section1 the following definitions shall apply3 7#a7 ,eligible ,entity ,the term eligible entity means a ,state1 political subdivision of a ,state1 or nonprofit private entity4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7#c7 ,state ,the term ,state means each ,state of the ,united ,states1 the ,district of ,columbia1 each commonwealth1 territory1 or possession of the ,united ,states1 and each federally recognized ,indian tribe4 7b7 ,establishment of ,grant ,program 7#a7 ,establishment ,the ,secretary shall establish a program to award grants to eligible entities to carry out the activities described in paragraph 7#b74 7#b7 ,use of ,funds 7,a7 ,in general ,grants under this section may be used to carry out programs that-- 7i7 expand early invention and treatment services to improve access to mental health crisis assistance and address unmet mental health care needs2 7ii7 expand the continuum of services to address crisis intervention and crisis stabilization2 7iii7 reduce recidivism due to mental health crises and mitigate unnecessary expenditures by local law enforcement2 and 7iv7 reduce unnecessary hospitalizations by appropriately utilizing community-based services and improving access to timely mental health crisis assistance4 7,b7 ,authorized activities ,the programs described in subparagraph 7,a7 may include any or all of the following activities3 7i7 ,mental health crisis intervention and response training for law enforcement 7to increase officers' understanding and recognition of mental illnesses74 7ii7 ,mobile support that provides field-based behavioral health assistance to law enforcement and members of the community and links individuals in crisis to appropriate services4 7iii7 ,school and community-based early intervention and prevention programs that provide mobile response1 screening and assessment1 training and education1 and peer-based and family services4 7#c7 ,application ,to be considered for a grant under this section1 an eligible entity shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 ,at minimum1 such application shall include a description of-- 7,a7 the activities to be funded with the grant2 7,b7 community needs2 7,c7 the population to be served2 and 7,d7 the interaction between the activities described in subparagraph 7,a7 and public systems of health and mental health care1 law enforcement1 social services1 and related assistance programs4 7#d7 ,selecting among applicants 7,a7 ,in ,general ,grants shall be awarded to eligible entities on a competitive basis4 7,b7 ,selection ,criteria ,the ,secretary shall evaluate applicants based on such criteria as the ,secretary determines to be appropriate1 including the ability of an applicant to carry out the activities described in paragraph 7#b74 7#e7 ,reports 7,a7 ,annual ,reports 7i7 ,eligible ,entities ,as a condition of receiving a grant under this section1 an eligible entity shall agree to submit a report to the ,secretary1 on an annual basis1 describing the activities carried out with the grant and assessing the effectiveness of such activities4 7ii7 ,secretary ,the ,secretary shall1 on an annual basis1 and using the reports received under clause 7i71 report to ,congress on the overall impact and effectiveness of the grant program under this section4 7,b7 ,final ,report ,not later than ,january #ae1 #bjbd1 the ,secretary shall submit to ,congress a final report that includes recommendations with respect to the feasibility and advisability of extending or expanding the grant program4 7#f7 ,collection of ,data 7,a7 ,in ,general ,the ,secretary shall collect data on the grant program to determine its effectiveness in reducing the social impact of mental health crises and the feasibility and advisability of extending the grant program4 7,b7 ,manner of ,collection ,data described in subparagraph 7,a7 shall be collected and analyzed using a scientific peer-reviewed system and valid and reliable results-based research methodologies4 7c7 ,funding 7#a7 ,grant ,amount ,a grant under this section shall be in an amount that is not more than #ajj1jjj for each of fiscal years #bjbj through #bjbd4 ,subject to the preceding sentence1 the ,secretary shall determine the amount of each grant4 7#b7 ,authorization of ,appropriations ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj for each of fiscal years #bjbj though #bjbd4 #ajb4 ,school-based mental health programs 7a7 ,technical amendments ,the second part ,g 7relating to services provided through religious organizations7 of title ,v of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bijkk et seq47 is amended-- 7#a7 by redesignating such part as part ,j2 and 7#b7 by redesignating sections #eha through #ehd as sections #eif through #eif;,c1 respectively4 7b7 ,school-,based mental health and children and violence ,section #eha of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;hh7 is amended to read as follows3 #eha4 ,school-based mental health and children and violence 7a7 ,in general ,the ,secretary1 in collaboration with the ,secretary of ,education and in consultation with the ,attorney ,general1 shall1 directly or through grants1 contracts1 or cooperative agreements awarded to public entities and local education agencies1 assist local communities and schools in applying a public health approach to mental health services both in schools and in the community4 ,such approach should provide comprehensive age-appropriate services and supports1 be linguistically and culturally appropriate1 be trauma-informed1 and incorporate age-appropriate strategies of positive behavioral interventions and supports4 ,a comprehensive school mental health program funded under this section shall assist children in dealing with trauma and violence4 7b7 ,activities ,under the program under subsection 7a71 the ,secretary may-- 7#a7 provide financial support to enable local communities to implement a comprehensive culturally and linguistically appropriate1 trauma-informed1 and age-appropriate1 school mental health program that incorporates positive behavioral interventions1 client treatment1 and supports to foster the health and development of children2 7#b7 provide technical assistance to local communities with respect to the development of programs described in paragraph 7#a72 7#c7 provide assistance to local communities in the development of policies to address child and adolescent trauma and mental health issues and violence when and if it occurs2 7#d7 facilitate community partnerships among families1 students1 law enforcement agencies1 education systems1 mental health and substance use disorder service systems1 family-based mental health service systems1 welfare agencies1 health care service systems 7including physicians71 faith-based programs1 trauma networks1 and other community-based systems2 and 7#e7 establish mechanisms for children and adolescents to report incidents of violence or plans by other children1 adolescents1 or adults to commit violence4 7c7 ,requirements 7#a7 ,in general ,to be eligible for a grant1 contract1 or cooperative agreement under subsection 7a71 an entity shall-- 7,a7 be a partnership between a local education agency and at least one community program or agency that is involved in mental health2 and 7,b7 submit an application1 that is endorsed by all members of the partnership1 that contains the assurances described in paragraph 7#b74 7#b7 ,required assurances ,an application under paragraph 7#a7 shall contain assurances as follows3 7,a7 ,that the applicant will ensure that1 in carrying out activities under this section1 the local educational agency involved will enter into a memorandum of understanding-- 7i7 with at least one public or private mental health entity1 health care entity1 law enforcement or juvenile justice entity1 child welfare agency1 family-based mental health entity1 family or family organization1 trauma network1 or other community-based entity2 and 7ii7 that clearly states-- 7,i7 how school-employed mental health professionals 7such as school psychologists1 school counselors1 and school social workers7 will be utilized in the comprehensive school mental health program2 7,,ii7 the responsibilities of each partner with respect to the activities to be carried out2 7,,iii7 how each such partner will be accountable for carrying out such responsibilities2 and 7,,iv7 the amount of non-,federal funding or in-kind contributions that each such partner will contribute in order to sustain the program4 7,b7 ,that the comprehensive school-based mental health program carried out under this section supports the flexible use of funds to address-- 7i7 the promotion of the social1 emotional1 mental1 and behavioral health and wellness of all students in an environment that is conducive to learning2 7ii7 the reduction in the likelihood of at-risk students developing social1 emotional1 mental1 and behavioral health problems1 or substance use disorders2 7iii7 the early identification of social1 emotional1 mental1 and behavioral problems1 or substance use disorders and the provision of early intervention services2 7iv7 the treatment or referral for treatment of students with existing social1 emotional1 mental1 and behavioral health problems1 or substance use disorders2 and 7v7 the development and implementation of programs to assist children in dealing with trauma and violence4 7,c7 ,that the comprehensive school-based mental health program carried out under this section will provide for in-service training of all school personnel1 including ancillary staff and volunteers1 in-- 7i7 the techniques and supports needed to identify early children with trauma histories and children with1 or at risk of1 mental illness2 7ii7 the use of referral mechanisms that effectively link such children to appropriate treatment and intervention services in the school and in the community and to follow-up when services are not available2 7iii7 strategies for promoting the social1 emotional1 mental1 and behavioral health of all students2 and 7iv7 strategies to increase the knowledge and skills of school and community leaders about the impact of trauma and violence and on the application of a public health approach to comprehensive school-based mental health programs4 7,d7 ,that the comprehensive school-based mental health program carried out under this section will include comprehensive training for parents1 siblings1 and other family members of children with mental health disorders1 and for concerned members of the community in-- 7i7 the techniques and supports needed to identify early children with trauma histories1 and children with1 or at risk of1 mental illness2 7ii7 the use of referral mechanisms that effectively link such children to appropriate treatment and intervention services in the school and in the community and follow-up when such services are not available2 and 7iii7 strategies that promote a school-wide positive environment4 7,e7 ,that the comprehensive school-based mental health program carried out under this section will demonstrate the measures to be taken to sustain the program after funding under this section terminates4 7,f7 ,that the local education agency partnership involved is supported by the ,state educational and mental health system to ensure that the sustainability of the programs is established after funding under this section terminates4 7,g7 ,that the comprehensive school-based mental health program carried out under this section will be based on trauma-informed and evidence-based practices4 7,h7 ,that the comprehensive school-based mental health program carried out under this section will be coordinated with early intervening activities carried out under the ,individuals with ,disabilities ,education ,act4 7,i7 ,that the comprehensive school-based mental health program carried out under this section will be trauma-informed and culturally and linguistically appropriate4 7,j7 ,that the comprehensive school-based mental health program carried out under this section will include a broad needs assessment of youth who drop out of school due to policies of zero tolerance with respect to drugs1 alcohol1 or weapons and an inability to obtain appropriate services4 7,k7 ,that the mental health services provided through the comprehensive school-based mental health program carried out under this section will be provided by qualified mental and behavioral health professionals who are certified or licensed by the ,state involved and practicing within their area of expertise4 7#c7 ,coordinator ,any entity that is a member of a partnership described in paragraph 7#a77;,a7 may serve as the coordinator of funding and activities under the grant if all members of the partnership agree4 7#d7 ,compliance with ,,hipaa ,a grantee under this section shall be deemed to be a covered entity for purposes of compliance with the regulations promulgated under section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif with respect to any patient records developed through activities under the grant4 7d7 ,geographical distribution ,the ,secretary shall ensure that grants1 contracts1 or cooperative agreements under subsection 7a7 will be distributed equitably among the regions of the country and among urban and rural areas4 7e7 ,duration of awards ,with respect to a grant1 contract1 or cooperative agreement under subsection 7a71 the period during which payments under such an award will be made to the recipient shall be #f years4 ,an entity may receive only one award under this section1 except that an entity that is providing services and supports on a regional basis may receive additional funding after the expiration of the preceding grant period4 7f7 ,evaluation and measures of outcomes 7#a7 ,development of process ,the ,administrator shall develop a fiscally appropriate process for evaluating activities carried out under this section4 ,such process shall include-- 7,a7 the development of guidelines for the submission of program data by grant1 contract1 or cooperative agreement recipients2 7,b7 the development of measures of outcomes 7in accordance with paragraph 7#b77 to be applied by such recipients in evaluating programs carried out under this section2 and 7,c7 the submission of annual reports by such recipients concerning the effectiveness of programs carried out under this section4 7#b7 ,measures of outcomes 7,a7 ,in general ,the ,administrator shall develop measures of outcomes to be applied by recipients of assistance under this section1 and the ,administrator1 in evaluating the effectiveness of programs carried out under this section4 ,such measures shall include student and family measures as provided for in subparagraph 7,b7 and local educational measures as provided for under subparagraph 7,c74 7,b7 ,student and family measures of outcomes ,the measures of outcomes developed under paragraph 7#a77;,b7 relating to students and families shall1 with respect to activities carried out under a program under this section1 at a minimum include provisions to evaluate whether the program is effective in-- 7i7 improving social1 emotional1 mental1 and behavioral health and wellness2 7ii7 increasing academic competency 7as defined by the ,secretary72 7iii7 reducing disruptive and aggressive behaviors2 7iv7 improving child functioning2 7v7 reducing substance use disorders2 7vi7 reducing suspensions1 truancy1 expulsions1 and violence2 7vii7 increasing graduation rates 7defined as the percentage of students who graduate from secondary school with a regular diploma in the standard number of years72 and 7viii7 improving access to care for mental health disorders4 7,c7 ,local educational outcomes ,the outcome measures developed under paragraph 7#a77;,b7 relating to local educational systems shall1 with respect to activities carried out under a program under this section1 at a minimum include provisions to evaluate-- 7i7 the effectiveness of comprehensive school mental health programs established under this section2 7ii7 the effectiveness of formal partnership linkages among child and family serving institutions1 community support systems1 and the educational system2 7iii7 the progress made in sustaining the program once funding under the grant has expired2 7iv7 the effectiveness of training and professional development programs for all school personnel that incorporate indicators that measure cultural and linguistic competencies under the program in a manner that incorporates appropriate cultural and linguistic training2 7v7 the improvement in perception of a safe and supportive learning environment among school staff1 students1 and parents2 7vi7 the improvement in case-finding of students in need of more intensive services and referral of identified students to early intervention and clinical services2 7vii7 the improvement in the immediate availability of clinical assessment and treatment services within the context of the local community to students posing a danger to themselves or others2 7viii7 the increased successful matriculation to postsecondary school2 and 7ix7 reduced referrals to juvenile justice4 7#c7 ,submission of annual data ,an entity that receives a grant1 contract1 or cooperative agreement under this section shall annually submit to the ,administrator a report that includes data to evaluate the success of the program carried out by the entity based on whether such program is achieving the purposes of the program4 ,such reports shall utilize the measures of outcomes under paragraph 7#b7 in a reasonable manner to demonstrate the progress of the program in achieving such purposes4 7#d7 ,evaluation by ,administrator ,based on the data submitted under paragraph 7#c71 the ,administrator shall annually submit to ,congress a report concerning the results and effectiveness of the programs carried out with assistance received under this section4 7#e7 ,limitation ,a grantee shall use not to exceed #aj percent of amounts received under a grant under this section to carry out evaluation activities under this subsection4 7g7 ,information and education ,the ,secretary shall establish comprehensive information and education programs to disseminate the findings of the knowledge development and application under this section to the general public and to health care professionals4 7h7 ,amount of grants and authorization of appropriations 7#a7 ,amount of grants ,a grant under this section shall be in an amount that is not more than #a1jjj1jjj for each of grant years #bjbj though #bjbd4 ,the ,secretary shall determine the amount of each such grant based on the population of children up to age #ba of the area to be served under the grant4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section1 #bjj1jjj1jjj for each of fiscal years #bjbj though #bjbd4 4 7c7 ,conforming amendment ,part ,g of title ,v of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;hh et seq471 as amended by this section1 is further amended by striking the part heading and inserting the following3 ,g ,school-based mental health 4 #ajc4 ,high utilizers ,section #biia of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajfea7 is amended-- 7#a7 by redesignating subsections 7m7 through 7o7 as subsections 7n7 through 7p71 respectively2 and 7#b7 by inserting after subsection 7l7 the following3 7m7 ,demonstration ,grants ,responding to ,high ,utilizers 7#a7 ,definition ,in this subsection1 the term #8high utilizer' means an individual who-- 7,a7 manifests obvious signs of mental illness or has been diagnosed by a qualified mental health professional as having a mental illness2 and 7,b7 consumes a significantly disproportionate quantity of public resources1 such as emergency1 housing1 judicial1 corrections1 and law enforcement services4 7#b7 ,demonstration grants responding to high utilizers 7,a7 ,in general ,the ,attorney ,general may award not more than #f grants per year under this subsection to applicants for the purpose of reducing the use of public services by high utilizers4 7,b7 ,use of grants ,a recipient of a grant awarded under this subsection may use the grant-- 7i7 to develop or support multidisciplinary teams that coordinate1 implement1 and administer community-based crisis responses and long-term plans for high utilizers2 7ii7 to provide training on how to respond appropriately to the unique issues involving high utilizers for public service personnel1 including criminal justice1 mental health1 substance abuse1 emergency room1 healthcare1 law enforcement1 corrections1 and housing personnel2 7iii7 to develop or support alternatives to hospital and jail admissions for high utilizers that provide treatment1 stabilization1 and other appropriate supports in the least restrictive1 yet appropriate1 environment2 or 7iv7 to develop protocols and systems among law enforcement1 mental health1 substance abuse1 housing1 corrections1 and emergency medical service operations to provide coordinated assistance to high utilizers4 7,c7 ,report ,not later than the last day of the first year following the fiscal year in which a grant is awarded under this subsection1 the recipient of the grant shall submit to the ,attorney ,general a report that-- 7i7 measures the performance of the grant recipient in reducing the use of public services by high utilizers2 and 7ii7 provides a model set of practices1 systems1 or procedures that other jurisdictions can adopt to reduce the use of public services by high utilizers4 4 ,,ii ,improving research on violence #bja4 ,research with respect to violence 7a7 ,in general ,the ,secretary of ,health and ,human ,services1 in consultation with the ,director of the ,national ,institutes of ,health1 shall expand and intensify research on self-directed and other-directed violence associated with mental illness and substance abuse disorders4 7b7 ,limitations on authorization of appropriations ,to carry out subsection 7a71 there are authorized to be appropriated #ajj1jjj1jjj without fiscal year limitation1 which is authorized to remain available until expended4 ,,iii ,understanding the epidemic of gun violence #cja4 ,national violent death reporting system ,the ,secretary of ,health and ,human ,services1 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 shall improve the ,national ,violent ,death ,reporting ,system1 as authorized by title ,,iii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bda et seq471 particularly through the expansion of the application of such system to include the #ej ,states4 ,participation in the system by the ,states shall be voluntary4 #cjb4 ,reaffirming ,centers for ,disease ,control and ,prevention's authority 7a7 ,in general ,section #cia of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bhj;b7 is amended-- 7#a7 in subsection 7a77#a71 by striking research relating to the causes1 mechanisms1 prevention1 diagnosis1 treatment of injuries1 and rehabilitation from injuries2 and inserting research1 including data collection1 relating to-- 7,a7 the causes1 mechanisms1 prevention1 diagnosis1 and treatment of injuries1 including with respect to gun violence2 and 7,b7 rehabilitation from such injuries2 2 and 7#b7 by adding at the end the following new subsection3 7c7 ,no advocacy or promotion of gun control ,nothing in this section shall be construed to-- 7#a7 authorize the ,secretary to give assistance1 make grants1 or enter into cooperative agreements or contracts for the purpose of advocating or promoting gun control2 or 7#b7 permit a recipient of any assistance1 grant1 cooperative agreement1 or contract under this section to use such assistance1 grant1 agreement1 or contract for the purpose of advocating or promoting gun control4 4 7b7 ,authorization of appropriations ,section #cid;,a of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bhj;b-#c7 is amended by striking authorized to be appropriated and all that follows through the end and inserting the following3 authorized to be appropriated such sums as may be necessary for each of fiscal years #bjbj though #bjbd44 #cjc4 ,protecting confidential doctor-patient relationship ,section #bgag7;c7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#ag7;c77 is amended by adding at the end the following new paragraph3 7#f7 ,rule of construction ,notwithstanding the previous provisions of this subsection1 none of the authorities provided to the ,secretary under this subsection1 ,public ,law #aaa-adh1 or an amendment made by such ,public ,law shall be construed to prohibit a physician or other health care provider from-- 7,a7 asking a patient about the ownership1 possession1 use1 or storage of a firearm or ammunition in the home of such patient2 7,b7 speaking to a patient about gun safety2 or 7,c7 reporting to the authorities a patient's threat of violence4 4 ,,iv ,ensuring safe communities #dja4 ,ban on firearm possession by person committed involuntarily to mental institution on an outpatient basis ,subsections 7d77#d7 and 7g77#d7 of section #ibb of title #ah1 ,united ,states ,code1 are each amended by inserting on an involuntary inpatient or involuntary outpatient basis before the semicolon4 #djb4 ,grant program regarding firearms ,section #ejf7;b7 of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaeg7;b77 is amended-- 7#a7 by striking #a or more ,states or units of local government1 for #a or more of the purposes specified in section #eja1 pursuant to his determination that the same is necessary2 7#b7 by inserting before paragraph 7#a7 the following3 7#a7 one or more ,states or units of local government1 for one or more of the purposes specified in section #eja1 pursuant to his determination that the same is necessary-- 2 7#c7 by redesignating the second paragraph 7#a7 as subparagraph 7,a72 7#d7 in paragraph 7#b7-- 7,a7 by striking the period at the end and inserting 2 or2 and 7,b7 by redesignating paragraph 7#b7 as subparagraph 7,b72 and 7#e7 by adding at the end the following3 7#b7 one or more ,states1 if that ,state has demonstrated1 in the determination of the ,attorney ,general1 that the ,state has adopted policies1 procedures1 protocols1 laws or regulations pertaining to the possession or transfer of firearms or ammunition that-- 7,a7 7i7 give ,state and local law enforcement the authority1 to the extent allowable under ,federal laws and the ,united ,states ,constitution1 to seize firearms or ammunition from an individual pursuant to a warrant1 where there is probable cause to believe that the individual in possession of such firearms or ammunition poses an elevated risk of harm to himself or herself or to another individual1 which may be determined by considering whether the individual has caused harm to himself or herself or another individual1 has detailed plans to cause harm to himself or herself or another individual1 has a history of substance abuse1 or lacks impulse control2 and 7ii7 provide that not later than #ad days after such a seizure1 an individual from whom a firearm or ammunition was so seized shall be given an opportunity to contest such seizure in court1 and any firearm or ammunition so seized shall be returned to the individual1 unless a ,state or local law enforcement officer demonstrates in court by a preponderance of the evidence that the individual from whom a firearm or ammunition was seized poses an elevated risk of harm to himself or herself or to another individual2 or 7,b7 temporarily prohibit an individual who has been involuntarily hospitalized for a period of not less than #dh hours for mental illness on an emergency basis1 from possessing a firearm or ammunition2 4 #djc4 ,notification of ,state and local law enforcement authorities of attempt to purchase firearm by ineligible person 7a7 ,in general ,the ,attorney ,general shall establish 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 #ajc of the ,brady ,handgun ,violence ,prevention ,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 7g7 or 7n7 of section #ibb of title #ah1 ,united ,states ,code1 or ,state law1 except when it is determined1 on a case-by-case basis1 that law enforcement purposes would best be served by not providing such a notice4 7b7 ,definitions ,in this section1 the terms firearm and licensed dealer shall have the meanings given such terms in section #iba7;a7 of title #ah1 ,united ,states ,code4 ,v ,restoration #eja4 ,federal agency relief program ,section #aja7;c7 of the ,,nics ,improvement ,amendments ,act of #bjjg 7#cd ,u4,s4,c4 #djiaa7 is amended-- 7#a7 in paragraph 7#b77;,a77i71 by inserting after imposed by such subsections the following3 if such person is a person described in subparagraph 7,c7 and submits the opinion 7and records and information supporting the opinion7 of a psychiatrist1 a clinical psychologist1 or a licensed or qualified mental health professional who can provide adequate information who has personally evaluated the person2 and 7#b7 by adding at the end of paragraph 7#b7 the following3 7,c7 ,person described ,a person is described in this subparagraph if1 beginning not earlier than #a year after the person is subject to the disabilities imposed by subsection 7d77#d7 or 7g77#d7 of section #ibb of title #ah1 ,united ,states ,code1 and after affording the ,federal department or agency the opportunity to request an additional evaluation1 by a psychiatrist1 a clinical psychologist1 or a licensed or qualified mental health professional who can provide adequate information appointed by the department or agency1 the department or agency determines by a preponderance of the evidence received that-- 7i7 the person no longer manifests the symptoms of mental disorder that resulted in that person's adjudication as ineligible due to disqualifying mental status or involuntary commitment or that otherwise significantly elevate the risk of harm to self or others2 7ii7 the person has adhered consistently 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 professional2 7iii7 if ongoing treatment is required1 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 others2 and 7iv7 the granting of the relief would not be contrary to the public interest4 4 #ejb4 ,state relief programs 7a7 ,in general ,section #aje of the ,,nics ,improvement ,amendments ,act of #bjjg 7#cd ,u4,s4,c4 #djiae7 is amended-- 7#a7 in subsection 7a77#b71 by striking if the circumstances and all that follows through public interest and inserting beginning not earlier than #a year after the person is first adjudicated as described in subsection 7g77#d7 of section #ibb of title #ah1 ,united ,states ,code1 if the person submits the opinion 7and records and information supporting the opinion7 of a psychiatrist1 a clinical psychologist1 or a licensed or qualified mental health professional who can provide adequate information who has personally evaluated the person1 and after affording the ,state the opportunity to request an additional evaluation1 by a psychiatrist1 clinical psychologist1 or other licensed or qualified mental health professional who can provide adequate information appointed by the court1 board1 commission1 or other lawful authority1 only if the court1 board1 commission1 or other lawful authority determines by a preponderance of the evidence received that the person is a person described in subsection 7c72 and 7#b7 by adding at the end the following3 7c7 ,eligible person described ,a person described in this subsection is any person who submits with the application for relief under subsection 7a77#a71 the opinion 7and records and information supporting the opinion7 of a psychiatrist1 a clinical psychologist1 or a licensed or qualified mental health professional who can provide adequate information who has personally evaluated the petitioner and which attests that-- 7#a7 the person no longer manifests the symptoms of disqualifying mental status that resulted in that person's adjudication as ineligible due to disqualifying mental status or involuntary commitment2 7#b7 the person appears to have adhered consistently 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 professional2 7#c7 if ongoing treatment is required1 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 others2 and 7#d7 the granting of the relief would not be contrary to the public interest4 7d7 ,definitions ,the ,attorney ,general may1 by rule1 define terms used in this section to ensure conformity with ,federal programs providing relief from disabilities imposed under subsections 7d7 and 7g7 of section #ibb of title #ah1 ,united ,states ,code4 4 7b7 ,transition rule ,the amendment made by subsection 7a7 shall apply only beginning on the date that is #e years after the date of enactment of this ,act1 in the case of any ,state that has a program described in section #aje of the ,,nics ,improvement ,amendments ,act of #bjjg 7#cd ,u4,s4,c4 #djiae7 in effect on the date of enactment of this ,act4 #ejc4 ,ineligibility due to disqualifying mental status 7a7 ,section #ibb7;d77#d7 of title #ah1 ,united ,states ,code1 is amended by striking adjudicated as a mental defective and inserting adjudicated as ineligible due to disqualifying mental status4 7b7 ,section #ibb7;g77#d7 of title #ah1 ,united ,states ,code1 is amended by striking adjudicated as a mental defective and inserting adjudicated as ineligible due to disqualifying mental status4 7c7 ,section #ibb7s77#c77;,b77iv7 of title #ah1 ,united ,states ,code1 is amended by striking adjudicated as a mental defective and inserting adjudicated as ineligible due to disqualifying mental status4 7d7 ,section #age;b7d77#b77;,f7 of title #ah1 ,united ,states ,code1 is amended by striking adjudicated as a mental defective and inserting adjudicated as ineligible due to disqualifying mental status4 7e7 ,section #hdb7;d77#f7 of title #ah1 ,united ,states ,code1 is amended by striking adjudicated a mental defective and inserting adjudicated as ineligible due to disqualifying mental status4 7f7 ,section #hdb7;i77#d7 of title #ah1 ,united ,states ,code1 is amended by striking adjudicated as a mental defective and inserting adjudicated as ineligible due to disqualifying mental status4 7g7 ,section #c7b7 of the ,,nics ,improvement ,amendments ,act of #bjjg 7#cd ,u4,s4,c4 #djijc7 is amended by striking adjudicated as a mental defective and inserting adjudicated as ineligible due to disqualifying mental status4 7h7 ,section #aja7;b77#b77;,c77ii7 of the ,,nics ,improvement ,amendments ,act of #bjjg 7#cd ,u4,s4,c4 #djiaa7 is amended by striking adjudicated as a mental defective and inserting adjudicated as ineligible due to disqualifying mental status4 7i7 ,section #aja7;c77#a77;,c7 of the ,,nics ,improvement ,amendments ,act of #bjjg 7#cd ,u4,s4,c4 #djiaa7 is amended by striking adjudicated as a mental defective and inserting adjudicated as ineligible due to disqualifying mental status4 7j7 ,section #aja7;c77#c7 of the ,,nics ,improvement ,amendments ,act of #bjjg 7#cd ,u4,s4,c4 #djiaa7 is amended in the matter preceding subparagraph 7,a71 by striking adjudicate a person as a mental defective and inserting adjudicate a person as ineligible due to disqualifying mental status4 7k7 ,section #aja7;c77#c77;,a7 of the ,,nics ,improvement ,amendments ,act of #bjjg 7#cd ,u4,s4,c4 #djiaa7 is amended by striking adjudicate the person as a mental defective1 and inserting adjudicate the person as ineligible due to disqualifying mental status4 7l7 ,section #ajb7;b77#a77;,c77iv7 of the ,,nics ,improvement ,amendments ,act of #bjjg 7#cd ,u4,s4,c4 #djiab7 is amended by striking adjudicated as a mental defective and inserting adjudicated as ineligible due to disqualifying mental status4 ,,vi ,submission of ,records to ,national ,instant ,criminal ,background ,check ,system #fja4 ,reports relating to submission of information to ,,nics ,section #bja of the ,,nics ,improvement ,amendments ,act of #bjjg 7#cd ,u4,s4,c4 #djica7 is amended-- 7#a7 by amending subsection 7b7 to read as follows3 7b7 ,report on persons prohibited from obtaining firearms as a result of a conviction of a misdemeanor crime of domestic violence ,not later than ,january #ca of each year1 the ,director shall submit 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 possessing or receiving a firearm under section #ibb7;g77#i7 of title #ah1 ,united ,states ,code4 2 7#b7 by redesignating subsection 7d7 as 7e72 and 7#c7 by inserting after subsection 7c7 the following3 7d7 ,report on promising practices 7#a7 ,in general ,not later than #ahj days after the date of enactment of the ,safer ,communities ,act of #bjai1 and annually thereafter1 the ,director shall submit to ,congress and to each ,state participating in the ,national ,criminal ,history ,improvement ,program1 a report of the practices of the ,states that the ,director considers to be promising practices4 7#b7 ,promising practice defined ,for purposes of this subsection1 the term promising practice means a program1 activity1 or strategy of a ,state regarding the collection1 maintenance1 automation1 and transmittal of information relevant to determining whether a person is prohibited from possessing or receiving a firearm by ,federal or ,state law1 by the ,state or any other agency1 or any other records relevant to the ,national ,instant ,criminal ,background ,check ,system1 that the ,director determines-- 7,a7 has been used by a ,state or other agency to successfully increase or expand its ability to collect1 maintain1 automate1 and transmit the information described in the matter preceding this subparagraph2 7,b7 shows promise in its early stages of becoming a best practice under subsection 7c71 with long-term sustainable impact2 and 7,c7 may be replicated by other ,states or agencies4 4 #fjb4 ,reauthorization of the ,national ,criminal ,history ,records ,improvement ,program ,section #ajf7;b7 of ,public ,law #ajc-aei 7#cd ,u4,s4,c4 #djcjb7 is amended-- 7#a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking ,fix ,,nics ,act of #bjah and inserting ,safer ,communities ,act of #bjai2 and 7#b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,authorization of appropriations ,there are authorized to be appropriated for grants under this subsection #ajj1jjj1jjj for each of fiscal years #bjbj though #bjbd4 4 #fjc4 ,improvement of metrics and incentives ,section #ajb7;b7 of the ,,nics ,improvement ,amendments ,act of #bjjg 7#cd ,u4,s4,c4 #djiab7 is amended to read as follows3 7b7 ,implementation plan 7#a7 ,in general ,not later than #a year after the date of enactment of the ,safer ,communities ,act of #bjai1 the ,attorney ,general1 in coordination with the ,states1 shall establish for each ,state or ,indian ,tribal government applying for a grant under section #ajc a #d-year implementation plan to ensure maximum coordination and automation of the reporting of records or making records available to the ,national ,instant ,criminal ,background ,check ,system4 7#b7 ,benchmark requirements ,each #d-year plan established under paragraph 7#a7 shall include annual benchmarks1 including both qualitative goals and quantitative measures1 to assess implementation of the #d-year plan4 7#c7 ,penalties for non-compliance 7,a7 ,in general ,during the #d-year period covered by a #d-year plan established under paragraph 7#a71 the ,attorney ,general shall withhold-- 7i7 #aj percent of the amount that would otherwise be allocated to a ,state under section #eje of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaef7 if the ,state does not meet the benchmark established under paragraph 7#b7 for the first year in the #d-year period2 7ii7 #aa percent of the amount that would otherwise be allocated to a ,state under section #eje of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaef7 if the ,state does not meet the benchmark established under paragraph 7#b7 for the second year in the #d-year period2 7iii7 #ac percent of the amount that would otherwise be allocated to a ,state under section #eje of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaef7 if the ,state does not meet the benchmark established under paragraph 7#b7 for the third year in the #d-year period2 and 7iv7 #ae percent of the amount that would otherwise be allocated to a ,state under section #eje of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaef7 if the ,state does not meet the benchmark established under paragraph 7#b7 for the fourth year in the #d-year period4 7,b7 ,failure to establish a plan ,a ,state that fails to establish a plan under paragraph 7#a7 shall be treated as having not met any benchmark established under paragraph 7#b74 4 #fjd4 ,grants to ,states to improve coordination and automation of ,,nics record reporting 7a7 ,in general ,the ,,nics ,improvement ,amendments ,act of #bjjg 7#cd ,u4,s4,c4 #djija et seq47 is amended-- 7#a7 by striking section #ajc and inserting the following3 #ajc4 ,grants to ,states for improvement of coordination and automation of ,,nics record reporting 7a7 ,authorization ,from amounts made available to carry out this section1 the ,attorney ,general shall make grants to ,states1 ,indian ,tribal governments1 and ,state court systems1 in a manner consistent with the ,national ,criminal ,history ,improvement ,program and consistent with ,state plans for integration1 automation1 and accessibility of criminal history records1 for use by the ,state1 or units of local government of the ,state1 ,indian ,tribal government1 or ,state court system to improve the automation and transmittal of mental health records and criminal history dispositions1 records relevant to determining whether a person has been convicted of a misdemeanor crime of domestic violence1 court orders1 and mental health adjudications or commitments to ,federal and ,state record repositories in accordance with section #ajb and the ,national ,criminal ,history ,improvement ,program4 7b7 ,use of grant amounts ,grants awarded to ,states1 ,indian ,tribal governments1 or ,state court systems under this section may only be used to-- 7#a7 carry out1 as necessary1 assessments of the capabilities of the courts of the ,state or ,indian ,tribal government for the automation and transmission of arrest and conviction records1 court orders1 and mental health adjudications or commitments to ,federal and ,state record repositories2 7#b7 implement policies1 systems1 and procedures for the automation and transmission of arrest and conviction records1 court orders1 and mental health adjudications or commitments to ,federal and ,state record repositories2 7#c7 create electronic systems that provide accurate and up-to-date information which is directly related to checks under the ,national ,instant ,criminal ,background ,check ,system1 including court disposition and corrections records2 7#d7 assist ,states or ,indian ,tribal governments in establishing or enhancing their own capacities to perform background checks using the ,national ,instant ,criminal ,background ,check ,system2 and 7#e7 develop and maintain the relief from disabilities program in accordance with section #aje4 7c7 ,eligibility 7#a7 ,in general ,to be eligible for a grant under this section1 a ,state1 ,indian ,tribal government1 or ,state court system shall certify1 to the satisfaction of the ,attorney ,general1 that the ,state1 ,indian ,tribal government1 or ,state court system-- 7,a7 is not prohibited by ,state law or court order from submitting mental health records to the ,national ,instant ,criminal ,background ,check ,system2 and 7,b7 subject to paragraph 7#b71 has implemented a relief from disabilities program in accordance with section #aje4 7#b7 ,relief from disabilities program ,for purposes of obtaining a grant under this section1 a ,state1 ,indian ,tribal government1 or ,state court system shall not be required to meet the eligibility requirement described in paragraph 7#a77;,b7 until the date that is #b years after the date of enactment of the ,safer ,communities ,act of #bjai4 7d7 ,federal share 7#a7 ,studies1 assessments1 non-material activities ,the ,federal share of a study1 assessment1 creation of a task force1 or other non-material activity1 as determined by the ,attorney ,general1 carried out with a grant under this section shall be not more than #be percent4 7#b7 ,infrastructure or system development ,the ,federal share of an activity involving infrastructure or system development1 including labor-related costs1 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 #ajj percent of the cost of the activity4 7e7 ,grants to indian tribes ,up to #e percent of the grant funding available under this section may be reserved for ,indian ,tribal governments for use by ,indian ,tribal judicial systems4 7f7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #ajj1jjj1jjj for each of fiscal years #bjbj though #bjbc4 2 7#b7 by striking title ,,iii2 and 7#c7 in section #dja7;b71 by inserting after of this ,act the following3 and #ah months after the date of enactment of the ,safer ,communities ,act of #bjai4 7b7 ,technical and conforming amendment ,the table of sections in section #a7;b7 of the ,,nics ,improvement ,amendments ,act of #bjjg is amended by striking the item relating to section #ajc and inserting the following3 ,sec4 #ajc4 ,grants to ,states for improvement of coordination and automation of ,,nics record reporting4 4 #fje4 ,sharing of records by ,federal departments and agencies with ,,nics ,section #aja7;b7 of the ,,nics ,improvement ,amendments ,act of #bjjg 7#cd ,u4,s4,c4 #djiaa7 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in subparagraph 7,b71 by striking and at the end2 7,b7 in subparagraph 7,c71 by striking the period at the end and inserting 2 and2 and 7,c7 by inserting at the end the following3 7,d7 not later than #ahj days after the date of the enactment of the ,safer ,communities ,act of #bjai1 and annually thereafter1 submit a report to ,congress on the compliance of the heads of ,federal departments and agencies with the requirements of paragraphs 7#a7 and 7#c74 2 and 7#b7 by adding at the end the following3 7#c7 ,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 disqualified from possessing or receiving a firearm under subsection 7g7 or 7n7 of section #ibb of title #ah1 ,united ,states ,code1 shall make available to the ,attorney ,general1 such records1 updated not less than quarterly1 for use in the background checks performed by the ,national ,instant ,criminal ,background ,check ,system4 4