[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2690 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2690
To reduce mass violence, strengthen mental health collaboration in
communities, improve school safety, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 23, 2019
Mr. Cornyn (for himself, Ms. McSally, Ms. Ernst, Mr. Tillis, Mrs.
Capito, and Mr. Scott of South Carolina) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To reduce mass violence, strengthen mental health collaboration in
communities, improve school safety, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring, Enhancing, Securing, and
Promoting Our Nation's Safety Efforts Act of 2019'' or the ``RESPONSE
Act''.
SEC. 2. MENTAL HEALTH CRISIS STABILIZATION.
(a) Planning and Implementation Grants.--Title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.) is
amended by inserting after part NN the following:
``PART OO--CRISIS STABILIZATION AND COMMUNITY REENTRY PROGRAM.
``SEC. 3101. GRANT AUTHORIZATION.
``(a) In General.--The Attorney General may make grants under this
part to States, for use by State and local correctional facilities, for
the purpose of providing clinical services for people with serious
mental illness that establish treatment, suicide prevention, and
continuity of recovery in the community upon release from the
correctional facility.
``(b) Use of Funds.--A grant awarded under this part shall be used
to support--
``(1) programs involving criminal and juvenile justice
agencies, mental health agencies, and community-based
behavioral health providers that improve clinical stabilization
during incarceration and continuity of care leading to recovery
in the community by providing services and supports that may
include peer support services, enrollment in health care, and
introduction to long-acting injectable medications or, as
clinically indicated, other medications, by--
``(A) providing training and education for criminal
and juvenile justice agencies, mental health agencies,
and community-based behavioral health providers on
interventions that support--
``(i) engagement in recovery supports and
services;
``(ii) access to medication while in an
incarcerated setting; and
``(iii) continuity of care during reentry
into the community;
``(B) ensuring that offenders with serious mental
illness are provided appropriate access to evidence-
based recovery supports that may include peer support
services, medication (including long-acting injectable
medications where clinically appropriate), and psycho-
social therapies;
``(C) offering technical assistance to criminal
justice agencies on how to modify their administrative
and clinical processes to accommodate evidence-based
interventions, such as long-acting injectable
medications and other recovery supports; and
``(D) participating in data collection activities
specified by the Attorney General, in consultation with
the Secretary of Health and Human Services;
``(2) programs that support cooperative efforts between
criminal and juvenile justice agencies, mental health agencies,
and community-based behavioral health providers to establish or
enhance serious mental illness recovery support by--
``(A) strengthening or establishing crisis response
services delivered by hotlines, mobile crisis teams,
crisis stabilization and triage centers, peer support
specialists, public safety officers, community-based
behavioral health providers, and other stakeholders,
including by providing technical support for
interventions that promote long-term recovery;
``(B) engaging criminal and juvenile justice
agencies, mental health agencies and community-based
behavioral health providers, preliminary qualified
offenders, and family and community members in program
design, program implementation, and training on crisis
response services, including connection to recovery
services and supports;
``(C) examining health care reimbursement issues
that may pose a barrier to ensuring the long-term
financial sustainability of crisis response services
and interventions that promote long-term engagement
with recovery services and supports; and
``(D) participating in data collection activities
specified by the Attorney General, in consultation with
the Secretary of Health and Human Services; and
``(3) programs that provide training and additional
resources to criminal and juvenile justice agencies, mental
health agencies, and community-based behavioral health
providers on serious mental illness, suicide prevention
strategies, recovery engagement strategies, and the special
health and social needs of justice-involved individuals who are
living with serious mental illness.
``(c) Consultation.--The Attorney General shall consult with the
Secretary of Health and Human Services to ensure that serious mental
illness treatment and recovery support services provided under this
grant program incorporate evidence-based approaches that facilitate
long-term engagement in recovery services and supports.
``SEC. 3102. STATE APPLICATIONS.
``(a) In General.--To request a grant under this part, the chief
executive of a State shall submit an application to the Attorney
General--
``(1) in such form and containing such information as the
Attorney General may reasonably require;
``(2) that includes assurances that Federal funds received
under this part shall be used to supplement, not supplant, non-
Federal funds that would otherwise be available for activities
funded under this part; and
``(3) that describes the coordination between State
criminal and juvenile justice agencies, mental health agencies
and community-based behavioral health providers, preliminary
qualified offenders, and family and community members in--
``(A) program design;
``(B) program implementation; and
``(C) training on crisis response, medication
adherence, and continuity of recovery in the community.
``(b) Eligibility for Preference With Community Care Component.--
``(1) In general.--In awarding grants under this part, the
Attorney General shall give preference to a State that ensures
that individuals who participate in a program, funded by a
grant under this part will be provided with continuity of care,
in accordance with paragraph (2), in a community care provider
program upon release from a correctional facility.
``(2) Requirements.--For purposes of paragraph (1), the
continuity of care shall involve the coordination of the
correctional facility treatment program with qualified
community behavioral health providers and other recovery
supports, parole supervision programs, half-way house programs,
and participation in peer recovery group programs, which may
aid in ongoing recovery after the individual is released from
the correctional facility.
``(3) Community care provider program defined.--For
purposes of this subsection, the term `community care provider
program' means a community mental health center or certified
community behavioral health clinic that directly provides to an
individual, or assists in connecting an individual to the
provision of, appropriate community-based treatment, medication
management, and other recovery supports, when the individual
leaves a correctional facility at the end of a sentence or on
parole.
``(c) Coordination of Federal Assistance.--Each application
submitted for a grant under this part shall include a description of
how the funds made available under this part will be coordinated with
Federal assistance for behavioral health services currently provided by
the Department of Health and Human Services' Substance Abuse and Mental
Health Services Administration.
``SEC. 3103. REVIEW OF STATE APPLICATIONS.
``(a) In General.--The Attorney General shall make a grant under
section 3101 to carry out the projects described in the application
submitted under section 3102 upon determining that--
``(1) the application is consistent with the requirements
of this part; and
``(2) before the approval of the application, the Attorney
General has made an affirmative finding in writing that the
proposed project has been reviewed in accordance with this
part.
``(b) Approval.--Each application submitted under section 3102
shall be considered approved, in whole or in part, by the Attorney
General not later than 90 days after first received, unless the
Attorney General informs the applicant of specific reasons for
disapproval.
``(c) Restriction.--Grant funds received under this part shall not
be used for land acquisition or construction projects.
``(d) Disapproval Notice and Reconsideration.--The Attorney General
may not disapprove any application without first affording the
applicant reasonable notice and an opportunity for reconsideration.
``SEC. 3104. EVALUATION.
``Each State that receives a grant under this part shall submit to
the Attorney General an evaluation not later than March 1 of each year
in such form and containing such information as the Attorney General,
in consultation with the Secretary of Health and Human Services, may
reasonably require.
``SEC. 3105. AUTHORIZATION OF FUNDING.
``For purposes of carrying out this part, the Attorney General is
authorized to award not more than $10,000,000 of funds appropriated to
the Department of Justice for State and local law enforcement
activities for each of fiscal years 2020 through 2025.''.
(b) National Criminal Justice and Mental Health Training and
Technical Assistance.--Section 2992(c)(3) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10652(c)(3)) is
amended by inserting before the semicolon at the end the following: ``,
which may include interventions designed to enhance access to
medication.''.
SEC. 3. MENTAL HEALTH CRISIS INTERVENTION TEAMS.
Section 1701(b)(19) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10381(b)(19)) is amended--
(1) by inserting ``respond to and'' before ``address''; and
(2) by inserting ``, including partnerships with health
care providers to create and operate mental health crisis
intervention teams'' before the semicolon at the end.
SEC. 4. BEST PRACTICES FOR BEHAVIORAL INTERVENTION TEAMS.
The Public Health Service Act is amended by inserting after section
520G of such Act (42 U.S.C. 290bb-38) the following new section:
``SEC. 520H. BEST PRACTICES FOR BEHAVIORAL INTERVENTION TEAMS.
``(a) In General.--The Secretary shall identify and facilitate the
development of best practices to assist elementary schools, secondary
schools, and institutions of higher education in establishing and using
behavioral intervention teams.
``(b) Elements.--The best practices under subsection (a) shall
address the following:
``(1) How behavioral intervention teams can operate
effectively from an evidence-based, objective perspective while
protecting the constitutional and civil rights of individuals.
``(2) The use of behavioral intervention teams to identify
concerning behaviors, implement interventions, and manage risk
through the framework of the school's or institution's rules or
code of conduct, as applicable.
``(3) How behavioral intervention teams can, when assessing
an individual of concern--
``(A) access training on evidence-based, threat-
assessment strategies;
``(B) ensure that such teams--
``(i) have trained, diverse stakeholders
with varied expertise; and
``(ii) use cross-validation by a wide-range
of individual perspectives on the team; and
``(C) use violence threat assessment.
``(4) How behavioral intervention teams can help mitigate--
``(A) the inappropriate use of mental health
assessments;
``(B) inappropriate limitations or restrictions on
law enforcement's jurisdiction over criminal matters;
``(C) attempts to substitute the behavioral
intervention process in place of a criminal process, or
impede a criminal process, when an individual's
behavior has potential criminal implications; or
``(D) endangerment of an individual's privacy by
failing to ensure that all applicable Federal and State
privacy laws are fully complied with.
``(c) Consultation.--In carrying out subsection (a)(1), the
Secretary shall consult with--
``(1) the Secretary of Education;
``(2) the Director of the National Threat Assessment Center
of the Department of Homeland Security;
``(3) the Attorney General of the United States, including
the Director of the Bureau of Justice Assistance;
``(4) teachers and other educators, principals, school
administrators, school board members, school psychologists,
mental health professionals, and parents of students;
``(5) local law enforcement agencies and campus law
enforcement administrators;
``(6) privacy experts; and
``(7) other education and mental health professionals as
the Secretary deems appropriate.
``(d) Publication.--Not later than 1 year after the date of
enactment of this section, the Secretary shall publish the best
practices under subsection (a)(1) and the list under subsection (a)(2)
on the internet website of the Department of Health and Human Services.
``(e) Technical Assistance.--The Secretary shall provide technical
assistance to institutions of higher education, elementary schools, and
secondary schools to assist such institutions and schools in
implementing the best practices under subsection (a).
``(f) Definitions.--In this section:
``(1) The term `behavioral intervention team' means a team
of qualified individuals who--
``(A) are responsible for identifying and assessing
individuals whose behavior indicates violence or
physical bodily harm to self or others;
``(B) develop and facilitate implementation of
evidence-based interventions to mitigate the threat of
harm to self or others posed by an individual and
address the mental and behavioral health needs of such
individuals to reduce such threat; and
``(C) provide information to students and school
employees on recognizing harmful, threatening, or
violent behavior that may pose a threat to the
community, the school, or an individual.
``(2) The terms `elementary school', `parent', and
`secondary school' have the meanings given to such terms in
section 8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
``(3) The term `institution of higher education' has the
meaning given to such term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1002).
``(4) The term `mental health assessment' means an
evaluation, primarily focused on diagnosis, determining the
need for involuntary commitment, medication management, and on-
going treatment recommendations.
``(5) The term `violence risk assessment' means a broad
determination of the potential risk of violence based on
evidence-based literature.''.
SEC. 5. CHILDREN'S INTERNET PROTECTION ACT AMENDMENT.
(a) In General.--Section 254(h)(5)(B) of the Communications Act of
1934 (47 U.S.C. 254(h)(5)(B)) is amended--
(1) by redesignating clauses (ii) and (iii) as clauses
(iii) and (iv), respectively;
(2) by inserting after clause (i) the following:
``(ii) as part of its Internet safety
policy is operating a technology protection
measure that detects online activities of
minors who are at risk of committing self-harm
or extreme violence against others;''; and
(3) in clause (iii), as so designated, by striking ``such
technology protection measure'' and inserting ``the technology
protection measures described in clauses (i) and (ii)''.
(b) Regulations; Effective Date.--
(1) Regulations.--Not later than 1 year after the date of
enactment of this Act, the Federal Communications Commission
shall amend section 54.520 of title 47, Code of Federal
Regulations, to implement the amendments made by subsection
(a).
(2) Effective date.--
(A) In general.--The amendments made by subsection
(a) shall take effect on the date that is 120 days
after the date on which the Federal Communications
Commission amends the regulations under paragraph (1)
of this subsection.
(B) Submission of modified certification.--Not
later than 120 days after the first day of the first
program funding year under section 254(h) of the
Communications Act of 1934 (47 U.S.C. 254(h)) following
the effective date under subparagraph (A) of this
paragraph, in the case of a school that is covered
under paragraph (5) of such section 254(h) as of that
effective date, the school (or school board, local
educational agency, or other authority with
responsibility for administration of the school, as
applicable) shall submit to the Federal Communications
Commission a modified certification of the compliance
of the school with subparagraph (B) of such paragraph
(5), as amended by subsection (a) of this section.
SEC. 6. ASSISTED OUTPATIENT TREATMENT FOR PERSONS WITH MENTAL ILLNESS.
Section 1920 of the Public Health Service Act (42 U.S.C. 300x-9) is
amended by adding at the end the following:
``(d) Assisted Out-Patient Treatment.--
``(1) In general.--Except as provided in paragraph (2), a
State shall expend not less than 10 percent of the amount the
State receives under this section for each fiscal year to
support the development and implementation of court-ordered
assisted outpatient treatment programs (as defined in section
2202(3) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10472(3))).
``(2) State flexibility.--In lieu of expending 10 percent
of the amount the State receives under this section for a
fiscal year as required under paragraph (1), a State may elect
to--
``(A) expend not less than 20 percent of such
amount by the end of such succeeding fiscal year; or
``(B) otherwise support evidence-based programs
that address the needs of eligible patients, as defined
in section 2202(4) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C.
10472(4)).''.
SEC. 7. TARGETED STRATEGIES TO ADDRESS THE MENTAL HEALTH CARE NEEDS AND
RISK AMONG INDIVIDUALS WITH MENTAL ILLNESS INVOLVED WITH
THE CRIMINAL JUSTICE SYSTEM.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall submit to the
Committee on Finance of the Senate, the Committee on Health, Education,
Labor, and Pensions of the Senate, and the Committee on Energy and
Commerce of the House of Representatives, a report on the current State
strategies under the Medicaid program under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) to address the mental health
needs and criminogenic risk among individuals with mental illnesses
involved in the criminal justice system.
(b) Content of Report.--The report required under subsection (a)
shall include--
(1) examples of States that have existing targeted
strategies to address the mental health needs and criminogenic
risk among individuals with mental illnesses involved in the
criminal justice system;
(2) a toolkit for replicating successful model programs;
and
(3) an assessment of the current landscape and gaps in
treatment for individuals with mental illnesses involved in the
criminal justice system.
SEC. 8. DEVELOPING GUIDANCE ON BUILDING CAPACITY FOR ADDRESSING THE
MENTAL HEALTH CARE NEEDS OF INDIVIDUALS IN OR AT RISK OF
INVOLVEMENT WITH THE CRIMINAL JUSTICE SYSTEM UNDER THE
MEDICAID PROGRAM.
(a) In General.--Not later than 2 years after enactment of this
Act, the Secretary of Health and Human Services (referred to in this
section as the ``Secretary''), acting through the Administrator of the
Centers for Medicare & Medicaid Services, shall--
(1) issue a State Medicaid Director letter, based on best
practices developed under subsection (b), regarding existing
flexibility in the Medicaid program to expand the capacity to
provide targeted mental health services for individuals at high
risk of criminal justice involvement;
(2) disseminate such letter to providers; and
(3) publish such letter on the public internet websites of
the Centers for Medicare & Medicaid Services and the Substance
Abuse and Mental Health Services Administration.
(b) Consultation.--In developing the letter under subsection (a),
the Secretary shall consult with relevant stakeholders, including--
(1) State Medicaid directors;
(2) providers and suppliers of services;
(3) Medicaid managed care organizations;
(4) health care consumers or groups representing such
consumers; and
(5) other entities, as the Secretary determines
appropriate, that can help to develop best practices for States
with respect to the issues described in subsection (c).
(c) Content.--The letter described in subsection (a) shall include,
with respect to hospitals, community health centers, and individuals
described in such subsection--
(1) suggestions for increasing capacity for community
mental health care and social supports, such as housing;
(2) suggestions for delivering mental health care in a
coordinated way;
(3) suggestions for financing and providing targeted mental
health and crisis intervention services; and
(4) incentives for models (such as managed care) that
target and coordinate care to reach individuals who most need
such care.
SEC. 9. INCREASING ACCESS TO COMMUNITY MENTAL HEALTH CARE AND EXPANDING
THE PROVIDER WORKFORCE.
Not later than 1 year after the date of the enactment of this Act,
the Secretary of Health and Human Services (referred to in this section
as the ``Secretary'') shall submit to the Committee on Finance of the
Senate, the Committee on Health, Education, Labor, and Pensions of the
Senate, and the Committee on Energy and Commerce of the House of
Representatives a report on strategies to expand the mental health
workforce, including the following:
(1) An analysis of the increasing demand for mental health
services and any delays in treatment, reduced quality of care,
low patient satisfaction, and poor patient outcomes, and other
negative consequences as a result of workforce shortages in the
mental health profession, including the shortage of
psychiatrists, psychologists, social workers, and other mental
health workers.
(2) The feasibility of increasing the number of States that
can be funded to develop certified community behavioral health
clinics for purposes of section 223 of the Protecting Access to
Medicare Act of 2014 (42 U.S.C. 1396a note), to provide
targeted responses for individuals in or at risk of involvement
with the criminal justice system.
(3) The feasibility of expanding coverage of telemedicine
to improve access to care, with a particular emphasis on remote
or rural areas and removing regulatory barriers that currently
exist for expanding such services.
(4) The feasibility of expanding loan forgiveness options
for mental health professionals, including expanding
scholarship and loan forgiveness programs and including
incentives to encourage such professionals to work in
underserved areas.
(5) The feasibility of expanding and enhancing psychosocial
and behavioral health training for primary care providers.
(6) The feasibility of requiring all States to pay for
mental health services at federally qualified health centers,
including mental health services that are provided on the same
day as primary care services.
(7) The feasibility of expanding peer community health
workers and others with lived experience for support recovery.
SEC. 10. FACILITATING STRONGER PARTNERSHIPS AND BETTER COOPERATION
BETWEEN LAW ENFORCEMENT AND ONLINE EDGE SERVICE
PROVIDERS.
Section 2702 of title 18, United States Code, is amended--
(1) in subsection (b)(8)--
(A) by striking ``to a governmental entity, if the
provider'' and inserting the following: ``to a
governmental entity, if--
``(A) the provider''; and
(B) by adding at the end the following:
``(B) the provider, based on a reasonable belief
and in good faith reliance on actual knowledge of facts
and circumstances, believes that an individual or group
of individuals may be--
``(i) a danger to themselves or others; or
``(ii) involved in the planning of--
``(I) an offense described in
section 249(a) (relating to hate
crimes); or
``(II) an act of domestic terrorism
or international terrorism (as those
terms are defined in section 2331);
or'';
(2) in subsection (c)(4)--
(A) by striking ``to a governmental entity, if the
provider'' and inserting the following: ``to a
governmental entity, if--
``(A) the provider''; and
(B) by adding at the end the following: ``or
``(B) the provider, based on a reasonable belief
and in good faith reliance on actual knowledge of facts
and circumstances, believes that an individual or group
of individuals may be--
``(i) a danger to themselves or others; or
``(ii) involved in the planning of--
``(I) an offense described in
section 249(a) (relating to hate
crimes); or
``(II) an act of domestic terrorism
or international terrorism (as those
terms are defined in section 2331);'';
and
(3) in subsection (d)--
(A) in paragraph (1), by inserting ``(A)'' after
``(b)(8)'';
(B) in paragraph (2)(A), by inserting ``(A)'' after
``(b)(8)''; and
(C) in paragraph (3), by inserting ``(A)'' after
``(c)(4)''.
SEC. 11. EXILE ILLEGAL FIREARMS DEALER TASK FORCES.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Attorney General, acting through the
Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives,
shall establish an Exile Illegal Firearms Dealer Task Force (referred
to in this section as the ``Task Force'') within each Field Division of
the Bureau of Alcohol, Tobacco, Firearms and Explosives.
(b) Purposes.--Each Task Force established under subsection (a)
shall investigate and assist in the prosecution of individuals who are
involved in--
(1) the unlicensed and unlawful manufacture or sale of
firearms under section 923 of title 18, United States Code; or
(2) the illegal purchase of firearms through false or
fictitious means under section 922(a)(6) of title 18, United
States Code.
(c) Participants.--Each Task Force established under subsection (a)
shall--
(1) be directed by the Special Agent in Charge of the
relevant Field Division of the Bureau of Alcohol, Tobacco,
Firearms and Explosives, in coordination with the United States
Attorney of the judicial district in which the Task Force is
located; and
(2) include officials from Federal, State, and local law
enforcement agencies involved in the investigation or
prosecution of firearms offenses.
(d) Requirement.--Each United States Attorney who is a participant
in a Task Force created under subsection (a) shall designate one
Assistant United States Attorney who, in addition to any other
responsibilities, shall be responsible for overseeing the prosecution
of case referrals arising from the Task Force.
(e) Accountability.--Not later than the beginning of each fiscal
year after the date of enactment of this Act, each Task Force
established under subsection (a) shall submit a report to the Attorney
General, the Committee on the Judiciary of the Senate, and the
Committee on the Judiciary of the House of Representatives that details
the enforcement goals and results of the Task Force, including, with
respect to the previous fiscal year--
(1) the number of individuals investigated for crimes
arising from violations of section 922(a)(6) or 923 of title
18, United States Code;
(2) the number of individuals charged with violations of
section 922(a)(6) or 923 of title 18, United States Code; and
(3) the number of individuals convicted of crimes arising
from violations of section 922(a)(6) or 923 of title 18, United
States Code.
(f) Authorization for Use of Funds.--
(1) In general.--The Attorney General shall fund Federal
agency participation in each Task Force established under
subsection (a) through the use of funds otherwise appropriated
for the necessary expenses of--
(A) the Bureau of Alcohol, Tobacco, Firearms and
Explosives;
(B) the Office of the United States Attorneys; and
(C) the Federal Bureau of Investigation.
(2) Grants for state and local law enforcement agencies.--
Using funds available under section 524(c) of title 28, United
States Code, the Attorney General may make grants or other
payments to State and local law enforcement agencies related to
participation in a Task Force established under subsection (a).
SEC. 12. RESPONDING TO TERRORIST ACTIVE SHOOTERS.
(a) Limitation on Federal Habeas Relief for Murders Involving Acts
of Terrorism or Hate Crimes.--
(1) Justice for victims of terrorism and hate crimes.--
(A) In general.--Section 2254 of title 28, United
States Code, is amended by adding at the end the
following:
``(j)(1) For an application for a writ of habeas corpus on behalf
of a person in custody pursuant to the judgment of a State court for a
crime that involved an act of domestic or international terrorism (as
those terms are defined in section 2331 of title 18) or a hate crime
(as described in section 249 of title 18)--
``(A) the application shall be subject to the time
limitations and other requirements under sections 2263,
2264, and 2266; and
``(B) the court shall not consider claims relating
to sentencing that were adjudicated in a State court.
``(2) Sections 2251, 2262, and 2101 are the exclusive sources of
authority for Federal courts to stay a sentence of death entered by a
State court in a case described in paragraph (1).''.
(2) Rules.--Rule 11 of the Rules Governing Section 2254
Cases in the United States District Courts is amended by adding
at the end the following: ``Rule 60(b)(6) of the Federal Rules
of Civil Procedure shall not apply to a proceeding under these
rules in a case that is described in section 2254(j) of title
28, United States Code.''.
(3) Finality of determination.--Section 2244(b)(3)(E) of
title 28, United States Code, is amended by striking ``the
subject of a petition'' and all that follows and inserting:
``reheard in the court of appeals or reviewed by writ of
certiorari.''.
(4) Effective date and applicability.--
(A) In general.--This paragraph and the amendments
made by this paragraph shall apply to any case pending
on or after the date of enactment of this Act.
(B) Time limits.--In a case pending on the date of
enactment of this Act, if the amendments made by this
paragraph impose a time limit for taking certain
action, the period of which began before the date of
enactment of this Act, the period of such time limit
shall begin on the date of enactment of this Act.
(C) Exception.--The amendments made by this
paragraph shall not bar consideration under section
2266(b)(3)(B) of title 28, United States Code, of an
amendment to an application for a writ of habeas corpus
that is pending on the date of enactment of this Act,
if the amendment to the petition was adjudicated by the
court prior to the date of enactment of this Act.
(b) Terrorism Prevention.--Section 2006(a)(2) of the Homeland
Security Act of 2002 (6 U.S.C. 607(a)(2)) is amended--
(1) by redesignating subparagraphs (I) and (J) as
subparagraphs (J) and (K), respectively; and
(2) by inserting after subparagraph (H) the following:
``(I) nationally recognized active shooter training
programs that offer scenario-based, integrated response
courses designed to counter active shooter threats or
acts of terrorism against individuals or facilities by
including emergency medical services and other first
responders;''.
(c) Acts of Terrorism.--Section 2001 of the Homeland Security Act
of 2002 (6 U.S.C. 601) is amended by--
(1) redesignating paragraphs (1) through (14) as paragraphs
(2) through (15), respectively; and
(2) by inserting before paragraph (2), as so redesignated,
the following:
``(1) Act of terrorism.--The term `act of terrorism'
includes an act of international terrorism and an act of
domestic terrorism, as those terms are defined in section 2331
of title 18, United States Code.''.
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