[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2002 Introduced in Senate (IS)]
114th CONGRESS
1st Session
S. 2002
To strengthen our mental health system and improve public safety.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 5, 2015
Mr. Cornyn introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To strengthen our mental health system and improve public safety.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Mental Health and
Safe Communities Act of 2015''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--MENTAL HEALTH AND SAFE COMMUNITIES
Sec. 101. Law enforcement grants for crisis intervention teams, mental
health purposes, and fixing the background
check system.
Sec. 102. Assisted outpatient treatment programs.
Sec. 103. Federal drug and mental health courts.
Sec. 104. Mental health in the judicial system.
Sec. 105. Forensic assertive community treatment initiatives.
Sec. 106. Assistance for individuals transitioning out of systems.
Sec. 107. Co-occurring substance abuse and mental health challenges in
drug courts.
Sec. 108. Mental health training for Federal uniformed services.
Sec. 109. Advancing mental health as part of offender reentry.
Sec. 110. School mental health crisis intervention teams.
Sec. 111. Active-shooter training for law enforcement.
Sec. 112. Co-occurring substance abuse and mental health challenges in
residential substance abuse treatment
programs.
Sec. 113. Mental health and drug treatment alternatives to
incarceration programs.
Sec. 114. National criminal justice and mental health training and
technical assistance.
Sec. 115. Improving Department of Justice data collection on mental
illness involved in crime.
Sec. 116. Reports on the number of mentally ill offenders in prison.
TITLE II--COMPREHENSIVE JUSTICE AND MENTAL HEALTH ACT
Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Sequential intercept model.
Sec. 204. Veterans treatment courts.
Sec. 205. Prison and jails.
Sec. 206. Allowable uses.
Sec. 207. Law enforcement training.
Sec. 208. Federal law enforcement training.
Sec. 209. GAO report.
Sec. 210. Evidence-based practices.
Sec. 211. Transparency, program accountability, and enhancement of
local authority.
Sec. 212. Grant accountability.
TITLE III--NICS REAUTHORIZATION AND NICS IMPROVEMENT
Sec. 301. Reauthorization of NICS.
Sec. 302. Definitions relating to mental health.
Sec. 303. Incentives for State compliance with NICS mental health
record requirements.
Sec. 304. Protecting the second amendment rights of veterans.
Sec. 305. Applicability of amendments.
Sec. 306. Clarification that Federal court information is to be made
available to the national instant criminal
background check system.
TITLE IV--REAUTHORIZATIONS AND OFFSET
Sec. 401. Reauthorization of appropriations.
Sec. 402. Offset.
TITLE I--MENTAL HEALTH AND SAFE COMMUNITIES
SEC. 101. LAW ENFORCEMENT GRANTS FOR CRISIS INTERVENTION TEAMS, MENTAL
HEALTH PURPOSES, AND FIXING THE BACKGROUND CHECK SYSTEM.
(a) Edward Byrne Memorial Justice Assistance Grant Program.--
Section 501(a)(1) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3751(a)(1)) is amended by adding at the
end the following:
``(H) Mental health programs and related law
enforcement and corrections programs, including
behavioral programs and crisis intervention teams.
``(I) Achieving compliance with the mental health
records requirements of the NICS Improvement Amendments
Act of 2007 (Public Law 110-180; 121 Stat. 2259).''.
(b) Community Oriented Policing Services Program.--Section 1701(b)
of title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796dd(b)) is amended--
(1) in paragraph (16), by striking ``and'' at the end;
(2) by redesignating paragraph (17) as paragraph (21);
(3) by inserting after paragraph (16) the following:
``(17) to provide specialized training to law enforcement
officers to--
``(A) recognize individuals who have a mental
illness; and
``(B) properly interact with individuals who have a
mental illness, including strategies for verbal de-
escalation of crises;
``(18) to establish collaborative programs that enhance the
ability of law enforcement agencies to address the mental
health, behavioral, and substance abuse problems of individuals
encountered by law enforcement officers in the line of duty;
``(19) to provide specialized training to corrections
officers to recognize individuals who have a mental illness;
``(20) to enhance the ability of corrections officers to
address the mental health of individuals under the care and
custody of jails and prisons, including specialized training
and strategies for verbal de-escalation of crises; and''; and
(4) in paragraph (21), as redesignated, by striking
``through (16)'' and inserting ``through (20)''.
(c) Modifications to the Staffing for Adequate Fire and Emergency
Response Grants.--Section 34(a)(1)(B) of the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2229a(a)(1)(B)) is amended by
inserting before the period at the end the following: ``and to provide
specialized training to paramedics, emergency medical services workers,
and other first responders to recognize individuals who have mental
illness and how to properly intervene with individuals with mental
illness, including strategies for verbal de-escalation of crises''.
SEC. 102. ASSISTED OUTPATIENT TREATMENT PROGRAMS.
Section 2201 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796ii) is amended--
(1) by inserting ``(a) In General.--'' before ``The
Attorney General'';
(2) in paragraph (2)(B), by inserting before the semicolon
the following: ``, or court-ordered assisted outpatient
treatment when the court has determined such treatment to be
necessary''; and
(3) by adding at the end the following:
``(b) Definitions.--In this section:
``(1) Court-ordered assisted outpatient treatment.--The
term `court-ordered assisted outpatient treatment' means a
program through which a court may order a treatment plan for an
eligible patient that--
``(A) requires such patient to obtain outpatient
mental health treatment while the patient is living in
a community; and
``(B) is designed to improve access and adherence
by such patient to intensive behavioral health services
in order to--
``(i) avert relapse, repeated
hospitalizations, arrest, incarceration,
suicide, property destruction, and violent
behavior; and
``(ii) provide such patient with the
opportunity to live in a less restrictive
alternative to incarceration or involuntary
hospitalization.
``(2) Eligible patient.--The term `eligible patient' means
an adult, mentally ill person who, as determined by a court--
``(A) has a history of violence, incarceration, or
medically unnecessary hospitalizations;
``(B) without supervision and treatment, may be a
danger to self or others in the community;
``(C) is substantially unlikely to voluntarily
participate in treatment;
``(D) may be unable, for reasons other than
indigence, to provide for any of his or her basic
needs, such as food, clothing, shelter, health, or
safety;
``(E) has a history of mental illness or condition
that is likely to substantially deteriorate if the
patient is not provided with timely treatment; or
``(F) due to mental illness, lacks capacity to
fully understand or lacks judgment to make informed
decisions regarding his or her need for treatment,
care, or supervision.''.
SEC. 103. FEDERAL DRUG AND MENTAL HEALTH COURTS.
(a) Definitions.--In this section--
(1) the term ``eligible offender'' means a person who--
(A)(i) previously or currently has been diagnosed
by a qualified mental health professional as having a
mental illness, mental retardation, or co-occurring
mental illness and substance abuse disorders; or
(ii) manifests obvious signs of mental illness,
mental retardation, or co-occurring mental illness and
substance abuse disorders during arrest or confinement
or before any court; and
(B) is determined by a judge to be eligible; and
(2) the term ``mental illness'' means a diagnosable mental,
behavioral, or emotional disorder--
(A) of sufficient duration to meet diagnostic
criteria within the most recent edition of the
Diagnostic and Statistical Manual of Mental Disorders
published by the American Psychiatric Association; and
(B) that has resulted in functional impairment that
substantially interferes with or limits 1 or more major
life activities.
(b) Establishment of Program.--Not later than 1 year after the date
of enactment of this Act, the Attorney General shall establish a pilot
program to determine the effectiveness of diverting eligible offenders
from Federal prosecution, Federal probation, or a Bureau of Prisons
facility, and placing such eligible offenders in drug or mental health
courts.
(c) Program Specifications.--The pilot program established under
subsection (b) shall involve--
(1) continuing judicial supervision, including periodic
review, of program participants who have a substance abuse
problem or mental illness; and
(2) the integrated administration of services and
sanctions, which shall include--
(A) mandatory periodic testing, as appropriate, for
the use of controlled substances or other addictive
substances during any period of supervised release or
probation for each program participant;
(B) substance abuse treatment for each program
participant who requires such services;
(C) diversion, probation, or other supervised
release with the possibility of prosecution,
confinement, or incarceration based on noncompliance
with program requirements or failure to show
satisfactory progress;
(D) programmatic offender management, including
case management, and aftercare services, such as
relapse prevention, health care, education, vocational
training, job placement, housing placement, and child
care or other family support services for each program
participant who requires such services;
(E) outpatient or inpatient mental health
treatment, as ordered by the court, that carries with
it the possibility of dismissal of charges or reduced
sentencing upon successful completion of such
treatment;
(F) centralized case management, including--
(i) the consolidation of all cases,
including violations of probations, of the
program participant; and
(ii) coordination of all mental health
treatment plans and social services, including
life skills and vocational training, housing
and job placement, education, health care, and
relapse prevention for each program participant
who requires such services; and
(G) continuing supervision of treatment plan
compliance by the program participant for a term not to
exceed the maximum allowable sentence or probation
period for the charged or relevant offense and, to the
extent practicable, continuity of psychiatric care at
the end of the supervised period.
(d) Implementation; Duration.--The pilot program established under
subsection (b) shall be conducted--
(1) in not less than 1 United States judicial district,
designated by the Attorney General in consultation with the
Director of the Administrative Office of the United States
Courts, as appropriate for the pilot program; and
(2) during fiscal year 2017 through fiscal year 2020.
(e) Criteria for Designation.--Before making a designation under
subsection (d)(1), the Attorney General shall--
(1) obtain the approval, in writing, of the United States
Attorney for the United States judicial district being
designated;
(2) obtain the approval, in writing, of the chief judge for
the United States judicial district being designated; and
(3) determine that the United States judicial district
being designated has adequate behavioral health systems for
treatment, including substance abuse and mental health
treatment.
(f) Assistance From Other Federal Entities.--The Administrative
Office of the United States Courts and the United States Probation
Offices shall provide such assistance and carry out such functions as
the Attorney General may request in monitoring, supervising, providing
services to, and evaluating eligible offenders placed in a drug or
mental health court under this section.
(g) Reports.--The Attorney General, in consultation with the
Director of the Administrative Office of the United States Courts,
shall monitor the drug and mental health courts under this section, and
shall submit a report to Congress on the outcomes of the program at the
end of the period described in subsection (d)(2).
SEC. 104. MENTAL HEALTH IN THE JUDICIAL SYSTEM.
Part V of title I of the Omnibus Crime Control and Safe Streets Act
of 1986 (42 U.S.C. 3796ii et seq.) is amended by inserting at the end
the following:
``SEC. 2209. MENTAL HEALTH RESPONSES IN THE JUDICIAL SYSTEM.
``(a) Pretrial Screening and Supervision.--
``(1) In general.--The Attorney General may award grants to
States, units of local government, territories, Indian Tribes,
nonprofit agencies, or any combination thereof, to develop,
implement, or expand pretrial services programs to improve the
identification and outcomes of individuals with mental illness.
``(2) Allowable uses.--Grants awarded under this subsection
may be may be used for--
``(A) universal behavioral health needs and risk
screening of defendants, including verification of
interview information, mental health evaluation, and
criminal history screening;
``(B) assessment of risk of pretrial misconduct
through objective, statistically validated means, and
presentation to the court of recommendations based on
such assessment, including services that will reduce
the risk of pretrial misconduct;
``(C) follow-up review of defendants unable to meet
the conditions of release;
``(D) evaluation of process and results of pretrial
service programs;
``(E) supervision of defendants who are on pretrial
release, including reminders to defendants of scheduled
court dates;
``(F) reporting on process and results of pretrial
services programs to relevant public and private mental
health stakeholders; and
``(G) data collection and analysis necessary to
make available information required for assessment of
risk.
``(b) Behavioral Health Assessments and Intervention.--
``(1) In general.--The Attorney General may award grants to
States, units of local government, territories, Indian Tribes,
nonprofit agencies, or any combination thereof, to develop,
implement, or expand a behavioral health screening and
assessment program framework for State or local criminal
justice systems.
``(2) Allowable uses.--Grants awarded under this subsection
may be used for--
``(A) promotion of the use of validated assessment
tools to gauge the criminogenic risk, substance abuse
needs, and mental health needs of individuals;
``(B) initiatives to match the risk factors and
needs of individuals to programs and practices
associated with research-based, positive outcomes;
``(C) implementing methods for identifying and
treating individuals who are most likely to benefit
from coordinated supervision and treatment strategies,
and identifying individuals who can do well with fewer
interventions; and
``(D) collaborative decisionmaking among system
leaders, including the relevant criminal justice
agencies, mental health systems, judicial systems, and
substance abuse systems, for determining how treatment
and intensive supervision services should be allocated
in order to maximize benefits, and developing and
utilizing capacity accordingly.
``(c) Restrictions on Use of Grant Funds.--
``(1) In general.--A State, unit of local government,
territory, Indian Tribe, or nonprofit agency that receives a
grant under this section shall, in accordance with subsection
(b)(2), use grant funds for the expenses of a treatment
program, including--
``(A) salaries, personnel costs, equipment costs,
and other costs directly related to the operation of
the program, including costs relating to enforcement;
``(B) payments for treatment providers that are
approved by the State or Indian Tribe and licensed, if
necessary, to provide needed treatment to program
participants, including aftercare supervision,
vocational training, education, and job placement; and
``(C) payments to public and nonprofit private
entities that are approved by the State or Indian Tribe
and licensed, if necessary, to provide alcohol and drug
addiction treatment to offenders participating in the
program.
``(d) Supplement of Non-Federal Funds.--
``(1) In general.--Grants awarded under this section shall
be used to supplement, and not supplant, non-Federal funds that
would otherwise be available for programs described in this
section.
``(2) Federal share.--The Federal share of a grant made
under this section may not exceed 50 percent of the total costs
of the program described in an application under subsection
(e).
``(e) Applications.--To request a grant under this section, a
State, unit of local government, territory, Indian Tribe, or nonprofit
agency shall submit an application to the Attorney General in such form
and containing such information as the Attorney General may reasonably
require.
``(f) Geographic Distribution.--The Attorney General shall ensure
that, to the extent practicable, the distribution of grants under this
section is equitable and includes--
``(1) each State; and
``(2) a unit of local government, territory, Indian Tribe,
or nonprofit agency--
``(A) in each State; and
``(B) in rural, suburban, Tribal, and urban
jurisdictions.
``(g) Reports and Evaluations.--For each fiscal year, each grantee
under this section during that fiscal year shall submit to the Attorney
General a report on the effectiveness of activities carried out using
such grant. Each report shall include an evaluation in such form and
containing such information as the Attorney General may reasonably
require. The Attorney General shall specify the dates on which such
reports shall be submitted.
``(h) Accountability.--Grants awarded under this section shall be
subject to the following accountability provisions:
``(1) Audit requirement.--
``(A) Definition.--In this paragraph, the term
`unresolved audit finding' means a finding in the final
audit report of the Inspector General of the Department
of Justice under subparagraph (C) that the audited
grantee has used grant funds for an unauthorized
expenditure or otherwise unallowable cost that is not
closed or resolved within 1 year after the date on
which final audit report is issued.
``(B) Audits.--Beginning in the first fiscal year
beginning after the date of enactment of this section,
and in each fiscal year thereafter, the Inspector
General of the Department of Justice shall conduct
audits of grantees under this section to prevent waste,
fraud, and abuse of funds by grantees. The Inspector
General shall determine the appropriate number of
grantees to be audited each year.
``(C) Final audit report.--The Inspector General of
the Department of Justice shall submit a final report
on each audit conducted under subparagraph (B).
``(D) Mandatory exclusion.--Grantees under this
section about which there is an unresolved audit
finding shall not be eligible to receive a grant under
this section during the 2 fiscal years beginning after
the end of the 1-year period described in subparagraph
(A).
``(E) Priority.--In making grants under this
section, the Attorney General shall give priority to
applicants that did not have an unresolved audit
finding during the 3 fiscal years before submitting an
application for a grant under this section.
``(F) Reimbursement.--If an entity receives a grant
under this section during the 2-fiscal-year period
during which the entity is prohibited from receiving
grants under subparagraph (D), the Attorney General
shall--
``(i) deposit an amount equal to the amount
of the grant that was improperly awarded to the
grantee into the General Fund of the Treasury;
and
``(ii) seek to recoup the costs of the
repayment under clause (i) from the grantee
that was erroneously awarded grant funds.
``(2) Nonprofit agency requirements.--
``(A) Definition.--For purposes of this paragraph
and the grant program under this section, the term
`nonprofit agency' means an organization that is
described in section 501(c)(3) of the Internal Revenue
Code of 1986 (26 U.S.C. 501(c)(3)) and is exempt from
taxation under section 501(a) of the Internal Revenue
Code of 1986 (26 U.S.C. 501(a)).
``(B) Prohibition.--The Attorney General may not
award a grant under this section to a nonprofit agency
that holds money in an offshore account for the purpose
of avoiding paying the tax described in section 511(a)
of the Internal Revenue Code of 1986 (26 U.S.C.
511(a)).
``(C) Disclosure.--Each nonprofit agency that is
awarded a grant under this section and uses the
procedures prescribed in regulations to create a
rebuttable presumption of reasonableness for the
compensation of its officers, directors, trustees, and
key employees, shall disclose to the Attorney General,
in the application for the grant, the process for
determining such compensation, including the
independent persons involved in reviewing and approving
such compensation, the comparability data used, and
contemporaneous substantiation of the deliberation and
decision. Upon request, the Attorney General shall make
the information disclosed under this subparagraph
available for public inspection.
``(3) Conference expenditures.--
``(A) Limitation.--Not more than $20,000 of the
amounts made available to the Department of Justice to
carry out this section may be used by the Attorney
General, or by any individual or entity awarded a grant
under this section to host, or make any expenditures
relating to, a conference unless the Deputy Attorney
General provides prior written authorization that the
funds may be expended to host the conference or make
such expenditure.
``(B) Written approval.--Written approval under
subparagraph (A) shall include a written estimate of
all costs associated with the conference, including the
cost of all food, beverages, audio-visual equipment,
honoraria for speakers, and entertainment.
``(C) Report.--The Deputy Attorney General shall
submit an annual report to the Committee on the
Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives on all
conference expenditures approved under this paragraph.
``(4) Annual certification.--Beginning in the first fiscal
year beginning after the date of enactment of this subsection,
the Attorney General shall submit to the Committee on the
Judiciary and the Committee on Appropriations of the Senate and
the Committee on the Judiciary and the Committee on
Appropriations of the House of Representatives an annual
certification--
``(A) indicating whether--
``(i) all final audit reports issued by the
Office of the Inspector General under paragraph
(1) have been completed and reviewed by the
appropriate Assistant Attorney General or
Director;
``(ii) all mandatory exclusions required
under paragraph (1)(D) have been issued; and
``(iii) any reimbursements required under
paragraph (1)(F) have been made; and
``(B) that includes a list of any grantees excluded
under paragraph (1)(D) from the previous year.
``(i) Preventing Duplicative Grants.--
``(1) In general.--Before the Attorney General awards a
grant to an applicant under this section, the Attorney General
shall compare the possible grant with any other grants awarded
to the applicant under this Act to determine whether the grants
are for the same purpose.
``(2) Report.--If the Attorney General awards multiple
grants to the same applicant for the same purpose, the Attorney
General shall submit to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives a report that includes--
``(A) a list of all duplicate grants awarded,
including the total dollar amount of any such grants
awarded; and
``(B) the reason the Attorney General awarded the
duplicate grants.''.
SEC. 105. FORENSIC ASSERTIVE COMMUNITY TREATMENT INITIATIVES.
Section 2991 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3797aa) is amended by inserting after subsection (k),
as added by section 205, the following:
``(l) Forensic Assertive Community Treatment (FACT) Initiative
Program.--
``(1) In general.--The Attorney General may make grants to
States, units of local government, territories, Indian Tribes,
nonprofit agencies, or any combination thereof, to develop,
implement, or expand Assertive Community Treatment initiatives
to develop forensic assertive community treatment (referred to
in this subsection as `FACT') programs that provide high
intensity services in the community for individuals with mental
illness with involvement in the criminal justice system to
prevent future incarcerations.
``(2) Allowable uses.--Grant funds awarded under this
subsection may be used for--
``(A) multidisciplinary team initiatives for
individuals with mental illnesses with criminal justice
involvement that addresses criminal justice involvement
as part of treatment protocols;
``(B) FACT initiatives that involve mental health
professionals, criminal justice agencies, chemical
dependency specialists, nurses, psychiatrists,
vocational specialists, forensic peer specialists,
forensic specialists, and dedicated administrative
support staff who work together to provide recovery-
oriented, 24/7 wraparound services;
``(C) services such as integrated evidence-based
practices for the treatment of co-occurring mental
health and substance-related disorders, assertive
outreach and engagement, community-based service
provision at participants' residence or in the
community, psychiatric rehabilitation, recovery-
oriented services, services to address criminogenic
risk factors, and community tenure;
``(D) payments for treatment providers that are
approved by the State or Indian Tribe and licensed, if
necessary, to provide needed treatment to eligible
offenders participating in the program, including
behavioral health services and aftercare supervision;
and
``(E) training for all FACT teams to promote high-
fidelity practice principles and technical assistance
to support effective and continuing integration with
criminal justice agency partners.
``(3) Supplement and not supplant.--Grants made under this
subsection shall be used to supplement, and not supplant, non-
Federal funds that would otherwise be available for programs
described in this subsection.
``(4) Applications.--To request a grant under this
subsection, a State, unit of local government, territory,
Indian Tribe, or nonprofit agency shall submit an application
to the Attorney General in such form and containing such
information as the Attorney General may reasonably require.''.
SEC. 106. ASSISTANCE FOR INDIVIDUALS TRANSITIONING OUT OF SYSTEMS.
Section 2976(f) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3797w(f)) is amended--
(1) in paragraph (5), by striking ``and'' at the end; and
(2) by adding at the end the following:
``(7) provide mental health treatment and transitional
services for those with mental illnesses or with co-occurring
disorders, including housing placement or assistance; and''.
SEC. 107. CO-OCCURRING SUBSTANCE ABUSE AND MENTAL HEALTH CHALLENGES IN
DRUG COURTS.
Part EE of title I of Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3797u et seq.) is amended--
(1) in section 2951(a)(1) (42 U.S.C. 3797u(a)(1)), by
inserting ``, including co-occurring substance abuse and mental
health problems,'' after ``problems''; and
(2) in section 2959(a) (42 U.S.C. 3797u-8(a)), by inserting
``, including training for drug court personnel and officials
on identifying and addressing co-occurring substance abuse and
mental health problems'' after ``part''.
SEC. 108. MENTAL HEALTH TRAINING FOR FEDERAL UNIFORMED SERVICES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense, the Secretary of
Homeland Security, the Secretary of Health and Human Services, and the
Secretary of Commerce shall provide the following to each of the
uniformed services (as that term is defined in section 101 of title 10,
United States Code) under their direction:
(1) Training programs.--Programs that offer specialized and
comprehensive training in procedures to identify and respond
appropriately to incidents in which the unique needs of
individuals with mental illnesses are involved.
(2) Improved technology.--Computerized information systems
or technological improvements to provide timely information to
Federal law enforcement personnel, other branches of the
uniformed services, and criminal justice system personnel to
improve the Federal response to mentally ill individuals.
(3) Cooperative programs.--The establishment and expansion
of cooperative efforts to promote public safety through the use
of effective intervention with respect to mentally ill
individuals encountered by members of the uniformed services.
SEC. 109. ADVANCING MENTAL HEALTH AS PART OF OFFENDER REENTRY.
(a) Reentry Demonstration Projects.--Section 2976(f) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3797w(f)), as amended by section 106, is amended--
(1) in paragraph (3)(C), by inserting ``mental health
services,'' before ``drug treatment''; and
(2) by adding at the end the following:
``(8) target offenders with histories of homelessness,
substance abuse, or mental illness, including a prerelease
assessment of the housing status of the offender and behavioral
health needs of the offender with clear coordination with
mental health, substance abuse, and homelessness services
systems to achieve stable and permanent housing outcomes with
appropriate support service.''.
(b) Mentoring Grants.--Section 211(b)(2) of the Second Chance Act
of 2007 (42 U.S.C. 17531(b)(2)) is amended by inserting ``, including
mental health care'' after ``community''.
SEC. 110. SCHOOL MENTAL HEALTH CRISIS INTERVENTION TEAMS.
Section 2701 of title I of Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3797a(b)) is amended by--
(1) redesignating paragraphs (4) and (5) as paragraphs (5)
and (6), respectively; and
(2) inserting after paragraph (3) the following:
``(4) the development and operation of crisis intervention
teams that may include coordination with law enforcement
agencies and specialized training for school officials in
responding to mental health crises.''.
SEC. 111. ACTIVE-SHOOTER TRAINING FOR LAW ENFORCEMENT.
The Attorney General, as part of the Preventing Violence Against
Law Enforcement and Ensuring Officer Resilience and Survivability
Initiative (VALOR) of the Department of Justice, may provide safety
training and technical assistance to local law enforcement agencies,
including active-shooter response training.
SEC. 112. CO-OCCURRING SUBSTANCE ABUSE AND MENTAL HEALTH CHALLENGES IN
RESIDENTIAL SUBSTANCE ABUSE TREATMENT PROGRAMS.
Section 1901(a) of title I of Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796ff(a)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) developing and implementing specialized residential
substance abuse treatment programs that identify and provide
appropriate treatment to inmates with co-occurring mental
health and substance abuse disorders or challenges.''.
SEC. 113. MENTAL HEALTH AND DRUG TREATMENT ALTERNATIVES TO
INCARCERATION PROGRAMS.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.) is amended by striking part CC and inserting
the following:
``PART CC--MENTAL HEALTH AND DRUG TREATMENT ALTERNATIVES TO
INCARCERATION PROGRAMS
``SEC. 2901. MENTAL HEALTH AND DRUG TREATMENT ALTERNATIVES TO
INCARCERATION PROGRAMS.
``(a) Definitions.--In this section--
``(1) the term `eligible entity' means a State, unit of
local government, Indian Tribe, or nonprofit organization; and
``(2) the term `eligible participant' means an individual
who--
``(A) comes into contact with the criminal justice
system or is charged with an offense;
``(B) has a history of or a current--
``(i) substance use disorder;
``(ii) mental illness; or
``(iii) co-occurring mental illness and
substance use disorders; and
``(C) has been approved for participation in a
program funded under this section by, the relevant law
enforcement agency, prosecuting attorney, defense
attorney, probation official, corrections official,
judge, representative of a mental health agency, or
representative of a substance abuse agency.
``(b) Program Authorized.--The Attorney General may make grants to
eligible entities to develop, implement, or expand a treatment
alternative to incarceration program for eligible participants,
including--
``(1) pre-booking treatment alternative to incarceration
programs, including--
``(A) law enforcement training on substance use
disorders, mental illness, and co-occurring mental
illness and substance use disorders;
``(B) receiving centers as alternatives to
incarceration of eligible participants;
``(C) specialized response units for calls related
to substance use disorders, mental illness, or co-
occurring mental illness and substance use disorders;
and
``(D) other arrest and pre-booking treatment
alternatives to incarceration models; or
``(2) post-booking treatment alternative to incarceration
programs, including--
``(A) specialized clinical case management;
``(B) pretrial services related to substances use
disorders, mental illness, and co-occurring mental
illness and substance use disorders;
``(C) prosecutor and defender based programs;
``(D) specialized probation;
``(E) treatment and rehabilitation programs; and
``(F) problem-solving courts, including mental
health courts, drug courts, co-occuring mental health
and substance abuse courts, DWI courts, and veterans
treatment courts.
``(c) Application.--
``(1) In general.--An eligible entity desiring a grant
under this section shall submit an application to the Attorney
General--
``(A) that meets the criteria under paragraph (2);
and
``(B) at such time, in such manner, and accompanied
by such information as the Attorney General may
require.
``(2) Criteria.--An eligible entity, in submitting an
application under paragraph (1), shall--
``(A) provide extensive evidence of collaboration
with State and local government agencies overseeing
health, community corrections, courts, prosecution,
substance abuse, mental health, victims services, and
employment services, and with local law enforcement
agencies; and
``(B) demonstrate consultation with the Single
State Authority for Substance Abuse;
``(C) demonstrate that evidence-based treatment
practices will be utilized; and
``(D) demonstrate that evidenced-based screening
and assessment tools will be used to place participants
in the treatment alternative to incarceration program.
``(d) Requirements.--Each eligible entity awarded a grant for a
treatment alternative to incarceration program under this section
shall--
``(1) determine the terms and conditions of participation
in the program by eligible participants, taking into
consideration the collateral consequences of an arrest,
prosecution or criminal conviction;
``(2) ensure that each substance abuse and mental health
treatment component is licensed and qualified by the relevant
jurisdiction;
``(3) for programs described in subsection (b)(2), organize
an enforcement unit comprised of appropriately trained law
enforcement professionals under the supervision of the State,
Tribal, or local criminal justice agency involved, the duties
of which shall include--
``(A) the verification of addresses and other
contacts of each eligible participant who participates
or desires to participate in the program; and
``(B) if necessary, the location, apprehension,
arrest, and return to court of an eligible participant
in the program who has absconded from the facility of a
treatment provider or has otherwise significantly
violated the terms and conditions of the program,
consistent with Federal and State confidentiality
requirements;
``(4) notify the relevant criminal justice entity if any
eligible participant in the program absconds from the facility
of the treatment provider or otherwise violates the terms and
conditions of the program, consistent with Federal and State
confidentiality requirements;
``(5) submit periodic reports on the progress of treatment
or other measured outcomes from participation in the program of
each eligible offender participating in the program to the
relevant State, Tribal, or local criminal justice agency,
including mental health courts, drug courts, co-occurring
mental health and substance abuse courts, DWI courts, and
veterans treatment courts;
``(6) describe the evidence-based methodology and outcome
measurements that will be used to evaluate the program, and
specifically explain how such measurements will provide valid
measures of the impact of the program; and
``(7) describe how the program could be broadly replicated
if demonstrated to be effective.
``(e) Use of Funds.--An eligible entity shall use a grant received
under this section for expenses of a treatment alternative to
incarceration program, including--
``(1) salaries, personnel costs, equipment costs, and other
costs directly related to the operation of the program,
including the enforcement unit;
``(2) payments for treatment providers that are approved by
the relevant State or Tribal jurisdiction and licensed, if
necessary, to provide needed treatment to eligible offenders
participating in the program, including aftercare supervision,
vocational training, education, and job placement; and
``(3) payments to public and nonprofit private entities
that are approved by the State or Tribal jurisdiction and
licensed, if necessary, to provide alcohol and drug addiction
treatment to eligible offenders participating in the program.
``(f) Supplement Not Supplant.--An eligible entity shall use
Federal funds received under this section only to supplement the funds
that would, in the absence of those Federal funds, be made available
from other Federal and non-Federal sources for the activities described
in this section, and not to supplant those funds. The Federal share of
a grant made under this section may not exceed 50 percent of the total
costs of the program described in an application under subsection (d).
``(g) Geographic Distribution.--The Attorney General shall ensure
that, to the extent practicable, the geographical distribution of
grants under this section is equitable and includes a grant to an
eligible entity in--
``(1) each State;
``(2) rural, suburban, and urban areas; and
``(3) Tribal jurisdictions.
``(h) Reports and Evaluations.--Each fiscal year, each recipient of
a grant under this section during that fiscal year shall submit to the
Attorney General a report on the outcomes of activities carried out
using that grant in such form, containing such information, and on such
dates as the Attorney General shall specify.
``(i) Accountability.--All grants awarded by the Attorney General
under this section shall be subject to the following accountability
provisions:
``(1) Audit requirement.--
``(A) Definition.--In this paragraph, the term
`unresolved audit finding' means a finding in the final
audit report of the Inspector General of the Department
of Justice that the audited grantee has utilized grant
funds for an unauthorized expenditure or otherwise
unallowable cost that is not closed or resolved within
12 months from the date on which the final audit report
is issued.
``(B) Audits.--Beginning in the first fiscal year
beginning after the date of enactment of this
subsection, and in each fiscal year thereafter, the
Inspector General of the Department of Justice shall
conduct audits of recipients of grants under this
section to prevent waste, fraud, and abuse of funds by
grantees. The Inspector General shall determine the
appropriate number of grantees to be audited each year.
``(C) Mandatory exclusion.--A recipient of grant
funds under this section that is found to have an
unresolved audit finding shall not be eligible to
receive grant funds under this section during the first
2 fiscal years beginning after the end of the 12-month
period described in subparagraph (A).
``(D) Priority.--In awarding grants under this
section, the Attorney General shall give priority to
eligible applicants that did not have an unresolved
audit finding during the 3 fiscal years before
submitting an application for a grant under this
section.
``(E) Reimbursement.--If an entity is awarded grant
funds under this section during the 2-fiscal-year
period during which the entity is barred from receiving
grants under subparagraph (C), the Attorney General
shall--
``(i) deposit an amount equal to the amount
of the grant funds that were improperly awarded
to the grantee into the General Fund of the
Treasury; and
``(ii) seek to recoup the costs of the
repayment to the fund from the grant recipient
that was erroneously awarded grant funds.
``(2) Nonprofit organization requirements.--
``(A) Definition.--For purposes of this paragraph
and the grant programs under this part, the term
`nonprofit organization' means an organization that is
described in section 501(c)(3) of the Internal Revenue
Code of 1986 and is exempt from taxation under section
501(a) of such Code.
``(B) Prohibition.--The Attorney General may not
award a grant under this part to a nonprofit
organization that holds money in offshore accounts for
the purpose of avoiding paying the tax described in
section 511(a) of the Internal Revenue Code of 1986.
``(C) Disclosure.--Each nonprofit organization that
is awarded a grant under this section and uses the
procedures prescribed in regulations to create a
rebuttable presumption of reasonableness for the
compensation of its officers, directors, trustees, and
key employees, shall disclose to the Attorney General,
in the application for the grant, the process for
determining such compensation, including the
independent persons involved in reviewing and approving
such compensation, the comparability data used, and
contemporaneous substantiation of the deliberation and
decision. Upon request, the Attorney General shall make
the information disclosed under this subparagraph
available for public inspection.
``(3) Conference expenditures.--
``(A) Limitation.--No amounts made available to the
Department of Justice under this section may be used by
the Attorney General, or by any individual or entity
awarded discretionary funds through a cooperative
agreement under this section, to host or support any
expenditure for conferences that uses more than $20,000
in funds made available by the Department of Justice,
unless the head of the relevant agency or department,
provides prior written authorization that the funds may
be expended to host the conference.
``(B) Written approval.--Written approval under
subparagraph (A) shall include a written estimate of
all costs associated with the conference, including the
cost of all food, beverages, audio-visual equipment,
honoraria for speakers, and entertainment.
``(C) Report.--The Deputy Attorney General shall
submit an annual report to the Committee on the
Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives on all
conference expenditures approved under this paragraph.
``(4) Annual certification.--Beginning in the first fiscal
year beginning after the date of enactment of this subsection,
the Attorney General shall submit, to the Committee on the
Judiciary and the Committee on Appropriations of the Senate and
the Committee on the Judiciary and the Committee on
Appropriations of the House of Representatives, an annual
certification--
``(A) indicating whether--
``(i) all audits issued by the Office of
the Inspector General under paragraph (1) have
been completed and reviewed by the appropriate
Assistant Attorney General or Director;
``(ii) all mandatory exclusions required
under paragraph (1)(C) have been issued; and
``(iii) all reimbursements required under
paragraph (1)(E) have been made; and
``(B) that includes a list of any grant recipients
excluded under paragraph (1) from the previous year.
``(5) Preventing duplicative grants.--
``(A) In general.--Before the Attorney General
awards a grant to an applicant under this section, the
Attorney General shall compare potential grant awards
with other grants awarded under this Act to determine
if duplicate grant awards are awarded for the same
purpose.
``(B) Report.--If the Attorney General awards
duplicate grants to the same applicant for the same
purpose the Attorney General shall submit to the
Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of
Representatives a report that includes--
``(i) a list of all duplicate grants
awarded, including the total dollar amount of
any duplicate grants awarded; and
``(ii) the reason the Attorney General
awarded the duplicate grants.''.
SEC. 114. NATIONAL CRIMINAL JUSTICE AND MENTAL HEALTH TRAINING AND
TECHNICAL ASSISTANCE.
Part HH of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3797aa et seq.) is amended by adding at the end
the following:
``SEC. 2992. NATIONAL CRIMINAL JUSTICE AND MENTAL HEALTH TRAINING AND
TECHNICAL ASSISTANCE.
``(a) Authority.--The Attorney General may make grants to eligible
organizations to provide for the establishment of a National Criminal
Justice and Mental Health Training and Technical Assistance Center.
``(b) Eligible Organization.--For purposes of subsection (a), the
term `eligible organization' means a national nonprofit organization
that provides technical assistance and training to, and has special
expertise and broad, national-level experience in, mental health,
crisis intervention, criminal justice systems, law enforcement,
translating evidence into practice, training, and research, and
education and support of people with mental illness and the families of
such individuals.
``(c) Use of Funds.--Any organization that receives a grant under
subsection (a) shall establish and operate a National Criminal Justice
and Mental Health Training and Technical Assistance Center to--
``(1) provide law enforcement officer training regarding
mental health and working with individuals with mental
illnesses, with an emphasis on de-escalation of encounters
between law enforcement officers and those with mental
disorders or in crisis, which shall include support of the
development of in-person and technical information exchanges
between systems and the individuals working in those systems in
support of the concepts identified in the training;
``(2) provide education, training, and technical assistance
for States, Indian Tribes, territories, units of local
government, service providers, nonprofit organizations,
probation or parole officers, prosecutors, defense attorneys,
emergency response providers, and corrections institutions to
advance practice and knowledge relating to mental health crisis
and approaches to mental health and criminal justice across
systems;
``(3) provide training and best practices around relating
to diversion initiatives, jail and prison strategies, reentry
of individuals with mental illnesses in into the community, and
dispatch protocols and triage capabilities, including the
establishment of learning sites;
``(4) develop suicide prevention and crisis intervention
training and technical assistance for criminal justice
agencies;
``(5) develop a receiving center system and pilot strategy
that provides a single point of entry into the mental health
and substance abuse system for assessments and appropriate
placement of individuals experiencing a crisis;
``(6) collect data and best practices in mental health and
criminal health and criminal justice initiatives and policies
from grantees under this part, other recipients of grants under
this section, Federal, State, and local agencies involved in
the provision of mental health services, and non-governmental
organizations involved in the provision of mental health
services;
``(7) develop and disseminate evaluation tools, mechanisms,
and measures to better assess and document performance measures
and outcomes;
``(8) disseminate information to States, units of local
government, criminal justice agencies, law enforcement
agencies, and other relevant entities about best practices,
policy standards, and research findings; and
``(9) provide education and support to individuals with
mental illness involved with, or at risk of involvement with,
the criminal justice system, including the families of such
individuals.
``(d) Accountability.--Grants awarded under this section shall be
subject to the following accountability provisions:
``(1) Audit requirement.--
``(A) Definition.--In this paragraph, the term
`unresolved audit finding' means a finding in the final
audit report of the Inspector General of the Department
of Justice under subparagraph (C) that the audited
grantee has used grant funds for an unauthorized
expenditure or otherwise unallowable cost that is not
closed or resolved within 1 year after the date on
which the final audit report is issued.
``(B) Audits.--Beginning in the first fiscal year
beginning after the date of enactment of this section,
and in each fiscal year thereafter, the Inspector
General of the Department of Justice shall conduct
audits of grantees under this section to prevent waste,
fraud, and abuse of funds by grantees. The Inspector
General shall determine the appropriate number of
grantees to be audited each year.
``(C) Final audit report.--The Inspector General of
the Department of Justice shall submit a final report
on each audit conducted under subparagraph (B).
``(D) Mandatory exclusion.--Grantees under this
section about which there is an unresolved audit
finding shall not be eligible to receive a grant under
this section during the 2 fiscal years beginning after
the end of the 1-year period described in subparagraph
(A).
``(E) Priority.--In making grants under this
section, the Attorney General shall give priority to
applicants that did not have an unresolved audit
finding during the 3 fiscal years before submitting an
application for a grant under this section.
``(F) Reimbursement.--If an entity receives a grant
under this section during the 2-fiscal-year period
during which the entity is prohibited from receiving
grants under subparagraph (D), the Attorney General
shall--
``(i) deposit an amount equal to the amount
of the grant that was improperly awarded to the
grantee into the General Fund of the Treasury;
and
``(ii) seek to recoup the costs of the
repayment under clause (i) from the grantee
that was erroneously awarded grant funds.
``(2) Nonprofit agency requirements.--
``(A) Definition.--For purposes of this paragraph
and the grant program under this section, the term
`nonprofit agency' means an organization that is
described in section 501(c)(3) of the Internal Revenue
Code of 1986 (26 U.S.C. 501(c)(3)) and is exempt from
taxation under section 501(a) of the Internal Revenue
Code of 1986 (26 U.S.C. 501(a)).
``(B) Prohibition.--The Attorney General may not
award a grant under this section to a nonprofit agency
that holds money in an offshore account for the purpose
of avoiding paying the tax described in section 511(a)
of the Internal Revenue Code of 1986 (26 U.S.C.
511(a)).
``(C) Disclosure.--Each nonprofit agency that is
awarded a grant under this section and uses the
procedures prescribed in regulations to create a
rebuttable presumption of reasonableness for the
compensation of its officers, directors, trustees, and
key employees, shall disclose to the Attorney General,
in the application for the grant, the process for
determining such compensation, including the
independent persons involved in reviewing and approving
such compensation, the comparability data used, and
contemporaneous substantiation of the deliberation and
decision. Upon request, the Attorney General shall make
the information disclosed under this subparagraph
available for public inspection.
``(3) Conference expenditures.--
``(A) Limitation.--No amounts made available to the
Department of Justice under this section may be used by
the Attorney General, or by any individual or entity
awarded discretionary funds through a cooperative
agreement under this section, to host or support any
expenditure for conferences that use more than $20,000
in funds made available by the Department of Justice,
unless the head of the relevant agency or department,
provides prior written authorization that the funds may
be expended to host the conference.
``(B) Written approval.--Written approval under
subparagraph (A) shall include a written estimate of
all costs associated with the conference, including the
cost of all food, beverages, audio-visual equipment,
honoraria for speakers, and entertainment.
``(C) Report.--The Deputy Attorney General shall
submit an annual report to the Committee on the
Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives on all
conference expenditures approved under this paragraph.
``(4) Annual certification.--Beginning in the first fiscal
year beginning after the date of enactment of this subsection,
the Attorney General shall submit to the Committee on the
Judiciary and the Committee on Appropriations of the Senate and
the Committee on the Judiciary and the Committee on
Appropriations of the House of Representatives an annual
certification--
``(A) indicating whether--
``(i) all final audit reports issued by the
Office of the Inspector General under paragraph
(1) have been completed and reviewed by the
appropriate Assistant Attorney General or
Director;
``(ii) all mandatory exclusions required
under paragraph (1)(D) have been issued; and
``(iii) any reimbursements required under
paragraph (1)(F) have been made; and
``(B) that includes a list of any grantees excluded
under paragraph (1)(D) from the previous year.
``(5) Preventing duplicative grants.--
``(A) In general.--Before the Attorney General
awards a grant to an applicant under this section, the
Attorney General shall compare potential grant awards
with other grants awarded under this Act to determine
if duplicate grant awards are awarded for the same
purpose.
``(B) Report.--If the Attorney General awards
duplicate grants to the same applicant for the same
purpose the Attorney General shall submit to the
Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of
Representatives a report that includes--
``(i) a list of all duplicate grants
awarded, including the total dollar amount of
any duplicate grants awarded; and
``(ii) the reason the Attorney General
awarded the duplicate grants.''.
SEC. 115. IMPROVING DEPARTMENT OF JUSTICE DATA COLLECTION ON MENTAL
ILLNESS INVOLVED IN CRIME.
(a) In General.--Notwithstanding any other provision of law, on or
after the date that is 90 days after the date on which the Attorney
General promulgates regulations under subsection (b), any data prepared
by, or submitted to, the Attorney General or the Director of the
Federal Bureau of Investigation with respect to the incidences of
homicides, law enforcement officers killed, seriously injured, and
assaulted, or individuals killed or seriously injured by law
enforcement officers shall include data with respect to the involvement
of mental illness in such incidences, if any.
(b) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Attorney General shall promulgate or revise
regulations as necessary to carry out subsection (a).
SEC. 116. REPORTS ON THE NUMBER OF MENTALLY ILL OFFENDERS IN PRISON.
(a) Report on the Cost of Treating the Mentally Ill in the Criminal
Justice System.--Not later than 12 months after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to Congress a report detailing the cost of imprisonment for individuals
who have serious mental illness by the Federal Government or a State or
unit of local government, which shall include--
(1) the number and type of crimes committed by individuals
with serious mental illness each year; and
(2) detailed strategies or ideas for preventing crimes by
those individuals with serious mental illness from occurring.
(b) Definition.--For purposes of this section, the Attorney
General, in consultation with the Assistant Secretary of Mental Health
and Substance Use Disorders shall defined ``serious mental illness''
based on the ``Health Care Reform for Americans with Severe Mental
Illnesses: Report'' of the National Advisory Mental Health Council,
American Journal of Psychiatry 1993; 150:1447-1465.
TITLE II--COMPREHENSIVE JUSTICE AND MENTAL HEALTH ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Comprehensive Justice and Mental
Health Act of 2015''.
SEC. 202. FINDINGS.
Congress finds the following:
(1) An estimated 2,000,000 individuals with serious mental
illnesses are booked into jails each year, resulting in
prevalence rates of serious mental illness in jails that are 3
to 6 times higher than in the general population. An even
greater number of individuals who are detained in jails each
year have mental health problems that do not rise to the level
of a serious mental illness but may still require a resource-
intensive response.
(2) Adults with mental illnesses cycle through jails more
often than individuals without mental illnesses, and tend to
stay longer (including before trial, during trial, and after
sentencing).
(3) According to estimates, almost \3/4\ of jail detainees
with serious mental illnesses have co-occurring substance use
disorders, and individuals with mental illnesses are also much
more likely to have serious physical health needs.
(4) Among individuals under probation supervision,
individuals with mental disorders are nearly twice as likely as
other individuals to have their community sentence revoked,
furthering their involvement in the criminal justice system.
Reasons for revocation may be directly or indirectly related to
an individual's mental disorder.
SEC. 203. SEQUENTIAL INTERCEPT MODEL.
(a) Redesignation.--Section 2991 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3797aa) is amended by redesignating
subsection (i) as subsection (o).
(b) Sequential Intercept Model.--Section 2991 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa) is amended by
inserting after subsection (h) the following:
``(i) Sequential Intercept Grants.--
``(1) Definition.--In this subsection, the term `eligible
entity' means a State, unit of local government, Indian Tribe,
or Tribal organization.
``(2) Authorization.--The Attorney General may make grants
under this subsection to an eligible entity for sequential
intercept mapping and implementation in accordance with
paragraph (3).
``(3) Sequential intercept mapping; implementation.--An
eligible entity that receives a grant under this subsection may
use funds for--
``(A) sequential intercept mapping, which--
``(i) shall consist of--
``(I) convening mental health and
criminal justice stakeholders to--
``(aa) develop a shared
understanding of the flow of
justice-involved individuals
with mental illnesses through
the criminal justice system;
and
``(bb) identify
opportunities for improved
collaborative responses to the
risks and needs of individuals
described in item (aa); and
``(II) developing strategies to
address gaps in services and bring
innovative and effective programs to
scale along multiple intercepts,
including--
``(aa) emergency and crisis
services;
``(bb) specialized police-
based responses;
``(cc) court hearings and
disposition alternatives;
``(dd) reentry from jails
and prisons; and
``(ee) community
supervision, treatment and
support services; and
``(ii) may serve as a starting point for
the development of strategic plans to achieve
positive public health and safety outcomes; and
``(B) implementation, which shall--
``(i) be derived from the strategic plans
described in subparagraph (A)(ii); and
``(ii) consist of--
``(I) hiring and training
personnel;
``(II) identifying the eligible
entity's target population;
``(III) providing services and
supports to reduce unnecessary
penetration into the criminal justice
system;
``(IV) reducing recidivism;
``(V) evaluating the impact of the
eligible entity's approach; and
``(VI) planning for the
sustainability of effective
interventions.''.
SEC. 204. VETERANS TREATMENT COURTS.
Section 2991 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3797aa) is amended by inserting after subsection (i),
as added by section 203, the following:
``(j) Assisting Veterans.--
``(1) Definitions.--In this subsection:
``(A) Peer to peer services or programs.--The term
`peer to peer services or programs' means services or
programs that connect qualified veterans with other
veterans for the purpose of providing support and
mentorship to assist qualified veterans in obtaining
treatment, recovery, stabilization, or rehabilitation.
``(B) Qualified veteran.--The term `qualified
veteran' means a preliminarily qualified offender who--
``(i) served on active duty in any branch
of the Armed Forces, including the National
Guard or Reserves; and
``(ii) was discharged or released from such
service under conditions other than
dishonorable.
``(C) Veterans treatment court program.--The term
`veterans treatment court program' means a court
program involving collaboration among criminal justice,
veterans, and mental health and substance abuse
agencies that provides qualified veterans with--
``(i) intensive judicial supervision and
case management, which may include random and
frequent drug testing where appropriate;
``(ii) a full continuum of treatment
services, including mental health services,
substance abuse services, medical services, and
services to address trauma;
``(iii) alternatives to incarceration; and
``(iv) other appropriate services,
including housing, transportation, mentoring,
employment, job training, education, and
assistance in applying for and obtaining
available benefits.
``(2) Veterans assistance program.--
``(A) In general.--The Attorney General, in
consultation with the Secretary of Veterans Affairs,
may award grants under this subsection to applicants to
establish or expand--
``(i) veterans treatment court programs;
``(ii) peer to peer services or programs
for qualified veterans;
``(iii) practices that identify and provide
treatment, rehabilitation, legal, transitional,
and other appropriate services to qualified
veterans who have been incarcerated; and
``(iv) training programs to teach criminal
justice, law enforcement, corrections, mental
health, and substance abuse personnel how to
identify and appropriately respond to incidents
involving qualified veterans.
``(B) Priority.--In awarding grants under this
subsection, the Attorney General shall give priority to
applications that--
``(i) demonstrate collaboration between and
joint investments by criminal justice, mental
health, substance abuse, and veterans service
agencies;
``(ii) promote effective strategies to
identify and reduce the risk of harm to
qualified veterans and public safety; and
``(iii) propose interventions with
empirical support to improve outcomes for
qualified veterans.''.
SEC. 205. PRISON AND JAILS.
Section 2991 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3797aa) is amended by inserting after subsection (j),
as added by section 204, the following:
``(k) Correctional Facilities.--
``(1) Definitions.--
``(A) Correctional facility.--The term
`correctional facility' means a jail, prison, or other
detention facility used to house people who have been
arrested, detained, held, or convicted by a criminal
justice agency or a court.
``(B) Eligible inmate.--The term `eligible inmate'
means an individual who--
``(i) is being held, detained, or
incarcerated in a correctional facility; and
``(ii) manifests obvious signs of a mental
illness or has been diagnosed by a qualified
mental health professional as having a mental
illness.
``(2) Correctional facility grants.--The Attorney General
may award grants to applicants to enhance the capabilities of a
correctional facility--
``(A) to identify and screen for eligible inmates;
``(B) to plan and provide--
``(i) initial and periodic assessments of
the clinical, medical, and social needs of
inmates; and
``(ii) appropriate treatment and services
that address the mental health and substance
abuse needs of inmates;
``(C) to develop, implement, and enhance--
``(i) post-release transition plans for
eligible inmates that, in a comprehensive
manner, coordinate health, housing, medical,
employment, and other appropriate services and
public benefits;
``(ii) the availability of mental health
care services and substance abuse treatment
services; and
``(iii) alternatives to solitary
confinement and segregated housing and mental
health screening and treatment for inmates
placed in solitary confinement or segregated
housing; and
``(D) to train each employee of the correctional
facility to identify and appropriately respond to
incidents involving inmates with mental health or co-
occurring mental health and substance abuse
disorders.''.
SEC. 206. ALLOWABLE USES.
Section 2991(b)(5)(I) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3797aa(b)(5)(I)) is amended by adding at the end
the following:
``(v) Teams addressing frequent users of
crisis services.--Multidisciplinary teams
that--
``(I) coordinate, implement, and
administer community-based crisis
responses and long-term plans for
frequent users of crisis services;
``(II) provide training on how to
respond appropriately to the unique
issues involving frequent users of
crisis services for public service
personnel, including criminal justice,
mental health, substance abuse,
emergency room, healthcare, law
enforcement, corrections, and housing
personnel;
``(III) develop or support
alternatives to hospital and jail
admissions for frequent users of crisis
services that provide treatment,
stabilization, and other appropriate
supports in the least restrictive, yet
appropriate, environment; and
``(IV) develop protocols and
systems among law enforcement, mental
health, substance abuse, housing,
corrections, and emergency medical
service operations to provide
coordinated assistance to frequent
users of crisis services.''.
SEC. 207. LAW ENFORCEMENT TRAINING.
Section 2991(h) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3797aa(h)) is amended--
(1) in paragraph (1), by adding at the end the following:
``(F) Academy training.--To provide support for
academy curricula, law enforcement officer orientation
programs, continuing education training, and other
programs that teach law enforcement personnel how to
identify and respond to incidents involving persons
with mental health disorders or co-occurring mental
health and substance abuse disorders.''; and
(2) by adding at the end the following:
``(4) Priority consideration.--The Attorney General, in
awarding grants under this subsection, shall give priority to
programs that law enforcement personnel and members of the
mental health and substance abuse professions develop and
administer cooperatively.''.
SEC. 208. FEDERAL LAW ENFORCEMENT TRAINING.
Not later than 1 year after the date of enactment of this Act, the
Attorney General shall provide direction and guidance for the
following:
(1) Training programs.--Programs that offer specialized and
comprehensive training, in procedures to identify and
appropriately respond to incidents in which the unique needs of
individuals who have a mental illness are involved, to first
responders and tactical units of--
(A) Federal law enforcement agencies; and
(B) other Federal criminal justice agencies such as
the Bureau of Prisons, the Administrative Office of the
United States Courts, and other agencies that the
Attorney General determines appropriate.
(2) Improved technology.--The establishment of, or
improvement of existing, computerized information systems to
provide timely information to employees of Federal law
enforcement agencies, and Federal criminal justice agencies to
improve the response of such employees to situations involving
individuals who have a mental illness.
SEC. 209. GAO REPORT.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States, in coordination with the
Attorney General, shall submit to Congress a report on--
(1) the practices that Federal first responders, tactical
units, and corrections officers are trained to use in
responding to individuals with mental illness;
(2) procedures to identify and appropriately respond to
incidents in which the unique needs of individuals who have a
mental illness are involved, to Federal first responders and
tactical units;
(3) the application of evidence-based practices in criminal
justice settings to better address individuals with mental
illnesses; and
(4) recommendations on how the Department of Justice can
expand and improve information sharing and dissemination of
best practices.
SEC. 210. EVIDENCE-BASED PRACTICES.
Section 2991(c) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3797aa(c)) is amended--
(1) in paragraph (3), by striking ``or'' at the end;
(2) by redesignating paragraph (4) as paragraph (6); and
(3) by inserting after paragraph (3), the following:
``(4) propose interventions that have been shown by
empirical evidence to reduce recidivism;
``(5) when appropriate, use validated assessment tools to
target preliminarily qualified offenders with a moderate or
high risk of recidivism and a need for treatment and services;
or''.
SEC. 211. TRANSPARENCY, PROGRAM ACCOUNTABILITY, AND ENHANCEMENT OF
LOCAL AUTHORITY.
(a) In General.--Section 2991(a) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3797aa(a)) is amended--
(1) in paragraph (7)--
(A) in the heading, by striking ``Mental illness''
and inserting ``Mental illness; mental health
disorder''; and
(B) by striking ``term `mental illness' means'' and
inserting ``terms `mental illness' and `mental health
disorder' mean''; and
(2) by striking paragraph (9) and inserting the following:
``(9) Preliminarily qualified offender.--
``(A) In general.--The term `preliminarily
qualified offender' means an adult or juvenile accused
of an offense who--
``(i)(I) previously or currently has been
diagnosed by a qualified mental health
professional as having a mental illness or co-
occurring mental illness and substance abuse
disorders;
``(II) manifests obvious signs of mental
illness or co-occurring mental illness and
substance abuse disorders during arrest or
confinement or before any court; or
``(III) in the case of a veterans treatment
court provided under subsection (i), has been
diagnosed with, or manifests obvious signs of,
mental illness or a substance abuse disorder or
co-occurring mental illness and substance abuse
disorder;
``(ii) has been unanimously approved for
participation in a program funded under this
section by, when appropriate--
``(I) the relevant--
``(aa) prosecuting
attorney;
``(bb) defense attorney;
``(cc) probation or
corrections official; and
``(dd) judge; and
``(II) a representative from the
relevant mental health agency described
in subsection (b)(5)(B)(i);
``(iii) has been determined, by each person
described in clause (ii) who is involved in
approving the adult or juvenile for
participation in a program funded under this
section, to not pose a risk of violence to any
person in the program, or the public, if
selected to participate in the program; and
``(iv) has not been charged with or
convicted of--
``(I) any sex offense (as defined
in section 111 of the Sex Offender
Registration and Notification Act (42
U.S.C. 16911)) or any offense relating
to the sexual exploitation of children;
or
``(II) murder or assault with
intent to commit murder.
``(B) Determination.--In determining whether to
designate a defendant as a preliminarily qualified
offender, the relevant prosecuting attorney, defense
attorney, probation or corrections official, judge, and
mental health or substance abuse agency representative
shall take into account--
``(i) whether the participation of the
defendant in the program would pose a
substantial risk of violence to the community;
``(ii) the criminal history of the
defendant and the nature and severity of the
offense for which the defendant is charged;
``(iii) the views of any relevant victims
to the offense;
``(iv) the extent to which the defendant
would benefit from participation in the
program;
``(v) the extent to which the community
would realize cost savings because of the
defendant's participation in the program; and
``(vi) whether the defendant satisfies the
eligibility criteria for program participation
unanimously established by the relevant
prosecuting attorney, defense attorney,
probation or corrections official, judge and
mental health or substance abuse agency
representative.''.
(b) Technical and Conforming Amendment.--Section 2927(2) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797s-
6(2)) is amended by striking ``has the meaning given that term in
section 2991(a).'' and inserting ``means an offense that--
``(A) does not have as an element the use,
attempted use, or threatened use of physical force
against the person or property of another; or
``(B) is not a felony that by its nature involves a
substantial risk that physical force against the person
or property of another may be used in the course of
committing the offense.''.
SEC. 212. GRANT ACCOUNTABILITY.
Section 2991 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3797aa) is amended by inserting after subsection (k),
as added by section 205, the following:
``(m) Accountability.--All grants awarded by the Attorney General
under this section shall be subject to the following accountability
provisions:
``(1) Audit requirement.--
``(A) Definition.--In this paragraph, the term
`unresolved audit finding' means a finding in the final
audit report of the Inspector General of the Department
of Justice that the audited grantee has utilized grant
funds for an unauthorized expenditure or otherwise
unallowable cost that is not closed or resolved within
12 months from the date when the final audit report is
issued.
``(B) Audits.--Beginning in the first fiscal year
beginning after the date of enactment of this
subsection, and in each fiscal year thereafter, the
Inspector General of the Department of Justice shall
conduct audits of recipients of grants under this
section to prevent waste, fraud, and abuse of funds by
grantees. The Inspector General shall determine the
appropriate number of grantees to be audited each year.
``(C) Mandatory exclusion.--A recipient of grant
funds under this section that is found to have an
unresolved audit finding shall not be eligible to
receive grant funds under this section during the first
2 fiscal years beginning after the end of the 12-month
period described in subparagraph (A).
``(D) Priority.--In awarding grants under this
section, the Attorney General shall give priority to
eligible applicants that did not have an unresolved
audit finding during the 3 fiscal years before
submitting an application for a grant under this
section.
``(E) Reimbursement.--If an entity is awarded grant
funds under this section during the 2-fiscal-year
period during which the entity is barred from receiving
grants under subparagraph (C), the Attorney General
shall--
``(i) deposit an amount equal to the amount
of the grant funds that were improperly awarded
to the grantee into the General Fund of the
Treasury; and
``(ii) seek to recoup the costs of the
repayment to the fund from the grant recipient
that was erroneously awarded grant funds.
``(2) Nonprofit organization requirements.--
``(A) Definition.--For purposes of this paragraph
and the grant programs under this part, the term
`nonprofit organization' means an organization that is
described in section 501(c)(3) of the Internal Revenue
Code of 1986 and is exempt from taxation under section
501(a) of such Code.
``(B) Prohibition.--The Attorney General may not
award a grant under this part to a nonprofit
organization that holds money in offshore accounts for
the purpose of avoiding paying the tax described in
section 511(a) of the Internal Revenue Code of 1986.
``(C) Disclosure.--Each nonprofit organization that
is awarded a grant under this section and uses the
procedures prescribed in regulations to create a
rebuttable presumption of reasonableness for the
compensation of its officers, directors, trustees, and
key employees, shall disclose to the Attorney General,
in the application for the grant, the process for
determining such compensation, including the
independent persons involved in reviewing and approving
such compensation, the comparability data used, and
contemporaneous substantiation of the deliberation and
decision. Upon request, the Attorney General shall make
the information disclosed under this subparagraph
available for public inspection.
``(3) Conference expenditures.--
``(A) Limitation.--No amounts made available to the
Department of Justice under this section may be used by
the Attorney General, or by any individual or entity
awarded discretionary funds through a cooperative
agreement under this section, to host or support any
expenditure for conferences that use more than $20,000
in funds made available by the Department of Justice,
unless the head of the relevant agency or department,
provides prior written authorization that the funds may
be expended to host the conference.
``(B) Written approval.--Written approval under
subparagraph (A) shall include a written estimate of
all costs associated with the conference, including the
cost of all food, beverages, audio-visual equipment,
honoraria for speakers, and entertainment.
``(C) Report.--The Deputy Attorney General shall
submit an annual report to the Committee on the
Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives on all
conference expenditures approved under this paragraph.
``(4) Annual certification.--Beginning in the first fiscal
year beginning after the date of enactment of this subsection,
the Attorney General shall submit, to the Committee on the
Judiciary and the Committee on Appropriations of the Senate and
the Committee on the Judiciary and the Committee on
Appropriations of the House of Representatives, an annual
certification--
``(A) indicating whether--
``(i) all audits issued by the Office of
the Inspector General under paragraph (1) have
been completed and reviewed by the appropriate
Assistant Attorney General or Director;
``(ii) all mandatory exclusions required
under paragraph (1)(C) have been issued; and
``(iii) all reimbursements required under
paragraph (1)(E) have been made; and
``(B) that includes a list of any grant recipients
excluded under paragraph (1) from the previous year.
``(n) Preventing Duplicative Grants.--
``(1) In general.--Before the Attorney General awards a
grant to an applicant under this section, the Attorney General
shall compare potential grant awards with other grants awarded
under this Act to determine if duplicate grant awards are
awarded for the same purpose.
``(2) Report.--If the Attorney General awards duplicate
grants to the same applicant for the same purpose the Attorney
General shall submit to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives a report that includes--
``(A) a list of all duplicate grants awarded,
including the total dollar amount of any duplicate
grants awarded; and
``(B) the reason the Attorney General awarded the
duplicate grants.''.
TITLE III--NICS REAUTHORIZATION AND NICS IMPROVEMENT
SEC. 301. REAUTHORIZATION OF NICS.
(a) In General.--Section 103(e) of the NICS Improvement Amendments
Act of 2007 (18 U.S.C. 922 note) is amended by striking ``fiscal year
2013'' and inserting ``each of fiscal years 2016 through 2020''.
SEC. 302. DEFINITIONS RELATING TO MENTAL HEALTH.
(a) Title 18 Definitions.--Chapter 44 of title 18, United States
Code, is amended--
(1) in section 921(a), by adding at the end the following:
``(36)(A) Subject to subparagraph (B), the term `has been
adjudicated mentally incompetent or has been committed to a
psychiatric hospital', with respect to a person--
``(i) means the person is the subject of an
order or finding by a judicial officer, court,
board, commission, or other adjudicative body--
``(I) that was issued after--
``(aa) a hearing--
``(AA) of which the
person received actual
notice; and
``(BB) at which the
person had an
opportunity to
participate with
counsel; or
``(bb) the person knowingly
and intelligently waived the
opportunity for a hearing--
``(AA) of which the
person received actual
notice; and
``(BB) at which the
person would have had
an opportunity to
participate with
counsel; and
``(II) that found that the person,
as a result of marked subnormal
intelligence, mental impairment, mental
illness, incompetency, condition, or
disease--
``(aa) was a danger to
himself or herself or to
others;
``(bb) was guilty but
mentally ill in a criminal
case, in a jurisdiction that
provides for such a verdict;
``(cc) was not guilty in a
criminal case by reason of
insanity or mental disease or
defect;
``(dd) was incompetent to
stand trial in a criminal case;
``(ee) was not guilty by
reason of lack of mental
responsibility under section
850a of title 10 (article 50a
of the Uniform Code of Military
Justice);
``(ff) required involuntary
inpatient treatment by a
psychiatric hospital for any
reason, including substance
abuse; or
``(gg) required involuntary
outpatient treatment by a
psychiatric hospital based on a
finding that the person is a
danger to himself or herself or
to others; and
``(ii) does not include--
``(I) an admission to a psychiatric
hospital for observation; or
``(II) a voluntary admission to a
psychiatric hospital.
``(B) In this paragraph, the term `order or
finding' does not include--
``(i) an order or finding that has expired
or has been set aside or expunged;
``(ii) an order or finding that is no
longer applicable because a judicial officer,
court, board, commission, or other adjudicative
body has found that the person who is the
subject of the order or finding--
``(I) does not present a danger to
himself or herself or to others;
``(II) has been restored to sanity
or cured of mental disease or defect;
``(III) has been restored to
competency; or
``(IV) no longer requires
involuntary inpatient or outpatient
treatment by a psychiatric hospital; or
``(iii) an order or finding with respect to
which the person who is subject to the order or
finding has been granted relief from
disabilities under section 925(c), under a
program described in section 101(c)(2)(A) or
105 of the NICS Improvement Amendments Act of
2007 (18 U.S.C. 922 note), or under any other
State-authorized relief from disabilities
program of the State in which the original
commitment or adjudication occurred.
``(37) The term `psychiatric hospital' includes a mental
health facility, a mental hospital, a sanitarium, a psychiatric
facility, and any other facility that provides diagnoses or
treatment by licensed professionals of mental retardation or
mental illness, including a psychiatric ward in a general
hospital.''; and
(2) in section 922--
(A) in subsection (d)(4)--
(i) by striking ``as a mental defective''
and inserting ``mentally incompetent''; and
(ii) by striking ``any mental institution''
and inserting ``a psychiatric hospital''; and
(B) in subsection (g)(4)--
(i) by striking ``as a mental defective or
who has'' and inserting ``mentally incompetent
or has''; and
(ii) by striking ``mental institution'' and
inserting ``psychiatric hospital''.
(b) Technical and Conforming Amendment.--The NICS Improvement
Amendments Act of 2007 (18 U.S.C. 922 note) is amended--
(1) by striking ``as a mental defective'' each place that
term appears and inserting ``mentally incompetent'';
(2) by striking ``mental institution'' each place that term
appears and inserting ``psychiatric hospital'';
(3) in section 101(c)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``to the mental health of
a person'' and inserting ``to whether a person is
mentally incompetent''; and
(B) in paragraph (2)--
(i) in subparagraph (A)(i), by striking
``to the mental health of a person'' and
inserting ``to whether a person is mentally
incompetent''; and
(ii) in subparagraph (B), by striking ``to
the mental health of a person'' and inserting
``to whether a person is mentally
incompetent''; and
(4) in section 102(c)(3)--
(A) in the paragraph heading, by striking ``as a
mental defective or committed to a mental institution''
and inserting ``mentally incompetent or committed to a
psychiatric hospital''; and
(B) by striking ``mental institutions'' and
inserting ``psychiatric hospitals''.
SEC. 303. INCENTIVES FOR STATE COMPLIANCE WITH NICS MENTAL HEALTH
RECORD REQUIREMENTS.
Section 104(b) of the NICS Improvement Amendments Act of 2007 (18
U.S.C. 922 note) is amended--
(1) by striking paragraphs (1) and (2);
(2) by redesignating paragraph (3) as paragraph (2);
(3) in paragraph (2), as redesignated, by striking ``of
paragraph (2)'' and inserting ``of paragraph (1)''; and
(4) by inserting before paragraph (2), as redesignated, the
following:
``(1) Incentives for providing mental health records and
fixing the background check system.--
``(A) Definition of compliant state.--In this
paragraph, the term `compliant State' means a State
that has--
``(i) provided not less than 90 percent of
the records required to be provided under
sections 102 and 103; or
``(ii) in effect a statute that--
``(I) requires the State to provide
the records required to be provided
under sections 102 and 103; and
``(II) implements a relief from
disabilities program in accordance with
section 105.
``(B) Incentives for compliance.--During the period
beginning on the date that is 18 months after the
enactment of the Mental Health and Safe Communities Act
of 2015 and ending on the date that is 5 years after
the date of enactment of such Act, the Attorney
General--
``(i) shall use funds appropriated to carry
out section 103 of this Act, the excess
unobligated balances of the Department of
Justice and funds withheld under clause (ii),
or any combination thereof, to increase the
amounts available under section 505 of title I
of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3755) for each compliant
State in an amount that is not less than 2
percent nor more than 5 percent of the amount
that was allocated to such State under such
section 505 in the previous fiscal year; and
``(ii) may withhold an amount not to exceed
the amount described in clause (i) that would
otherwise be allocated to a State under any
section of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) if
the State--
``(I) is not a compliant State; and
``(II) does not submit an assurance
to the Attorney General that--
``(aa) an amount that is
not less than the amount
described in clause (i) will be
used solely for the purpose of
enabling the State to become a
compliant State; or
``(bb) the State will hold
in abeyance an amount that is
not less than the amount
described in clause (i) until
such State has become a
compliant State.
``(C) Regulations.--Not later than 180 days after
the enactment of the Mental Health and Safe Communities
Act of 2015, the Attorney General shall issue
regulations implementing this paragraph.''.
SEC. 304. PROTECTING THE SECOND AMENDMENT RIGHTS OF VETERANS.
(a) In General.--Chapter 55 of title 38, United States Code, is
amended by adding at the end the following:
``Sec. 5511. Conditions for treatment of certain persons as adjudicated
mentally incompetent for certain purposes
``(a) Protecting Rights of Veterans With Existing Records.--Not
later than 90 days after the date of enactment of the Mental Health and
Safe Communities Act of 2015, the Secretary shall provide written
notice in accordance with subsection (b) of the opportunity for
administrative review under subsection (c) to all persons who, on the
date of enactment of the Mental Health and Safe Communities Act of
2015, are considered to have been adjudicated mentally incompetent or
committed to a psychiatric hospital under subsection (d)(4) or (g)(4)
of section 922 of title 18 as a result of having been found by the
Department to be mentally incompetent.
``(b) Notice.--The Secretary shall provide notice under this
section to a person described in subsection (a) that notifies the
person of--
``(1) the determination made by the Secretary;
``(2) a description of the implications of being considered
to have been adjudicated mentally incompetent or committed to a
psychiatric hospital under subsection (d)(4) or (g)(4) of
section 922 of title 18; and
``(3) the right of the person to request a review under
subsection (c)(1).
``(c) Administrative Review.--
``(1) Request.--Not later than 30 days after the date on
which a person described in subsection (a) receives notice in
accordance with subsection (b), such person may request a
review by the board designed or established under paragraph (2)
or by a court of competent jurisdiction to assess whether the
person is a danger to himself or herself or to others. In such
assessment, the board may consider the person's honorable
discharge or decorations.
``(2) Board.--Not later than 180 days after the date of
enactment of the Mental Health and Safe Communities Act of
2015, the Secretary shall designate or establish a board that
shall, upon request of a person under paragraph (1), assess
whether the person is a danger to himself or herself or to
others.
``(d) Judicial Review.--A person may file a petition with a Federal
court of competent jurisdiction for judicial review of an assessment of
the person under subsection (c) by the board designated or established
under subsection (c)(2).''.
(b) Clerical Amendment.--The table of sections for chapter 55 of
title 38, United States Code, is amended by adding at the end the
following:
``5511. Conditions for treatment of certain persons as adjudicated
mentally incompetent for certain
purposes.''.
SEC. 305. APPLICABILITY OF AMENDMENTS.
With respect to any record of a person prohibited from possessing
or receiving a firearm under subsection (d)(4) or (g)(4) of section 922
of title 18, United States Code, before the date of enactment of this
Act, the Attorney General shall remove such a record from the National
Instant Criminal Background Check System--
(1) upon being made aware that the person is no longer
considered as adjudicated mentally incompetent or committed to
a psychiatric hospital according to the criteria under
paragraph (36)(A)(i)(II) of section 921(a) of title 18, United
States Code (as added by this title), and is therefore no
longer prohibited from possessing or receiving a firearm;
(2) upon being made aware that any order or finding that
the record is based on is an order or finding described in
paragraph (36)(B) of section 921(a) of title 18, United State
Code (as added by this title); or
(3) upon being made aware that the person has been found
competent to possess a firearm after an administrative or
judicial review under subsection (c) or (d) of section 5511 of
title 38, United States Code (as added by this title).
SEC. 306. CLARIFICATION THAT FEDERAL COURT INFORMATION IS TO BE MADE
AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND
CHECK SYSTEM.
Section 103(e)(1) of the Brady Handgun Violence Prevention Act (18
U.S.C. 922 note) is amended by adding at the end the following:
``(F) Application to federal courts.--In this
paragraph--
``(i) the terms `department or agency of
the United States' and `Federal department or
agency' include a Federal court; and
``(ii) for purposes of any request,
submission, or notification, the Director of
the Administrative Office of the United States
Courts shall perform the functions of the head
of the department or agency.''.
TITLE IV--REAUTHORIZATIONS AND OFFSET
SEC. 401. REAUTHORIZATION OF APPROPRIATIONS.
(a) Adult and Juvenile Collaboration Programs.--Subsection (o) of
section 2991 of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3797aa), as redesignated by section 203, is amended--
(1) in paragraph (1)(C), by striking ``2009 through 2014''
and inserting ``2016 through 2020''; and
(2) by adding at the end the following:
``(3) Limitation.--Not more than 20 percent of the funds authorized
to be appropriated under this section may be used for purposes
described in subsection (j) (relating to veterans).''.
(b) Mental Health Courts and Qualified Drug Treatment Programs.--
Section 1001(a) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3793(a)) is amended--
(1) in paragraph (20), by striking ``2001 through 2004''
and inserting ``2016 through 2020''; and
(2) in paragraph (26), by striking ``2009 and 2010'' and
inserting ``2016 through 2020''.
SEC. 402. OFFSET.
(a) Definition.--In this subsection, the term ``covered amounts''
means the unobligated balances of discretionary appropriations
accounts, except for the discretionary appropriations accounts of the
Department of Defense, the Department of Veterans Affairs, and the
Department of Homeland Security.
(b) Rescission.--
(1) In general.--Effective on the first day of each of
fiscal years 2016 through 2020, there are rescinded from
covered amounts, on a pro rata basis, the amount described in
paragraph (2).
(2) Amount of rescission.--The amount described in this
subparagraph is the sum of the amounts authorized to be
appropriated under paragraphs (20) and (26) of section 1001(a)
of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3793(a)).
(3) Report.--Not later 60 days after the first day of each
of fiscal years 2016 through 2020, the Director of the Office
of Management and Budget shall submit to Congress and the
Secretary of the Treasury a report specifying the account and
amount of each rescission under this subsection.
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