[Congressional Record (Bound Edition), Volume 159 (2013), Part 4]
[Senate]
[Pages 5394-5416]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 725. Mr. GRASSLEY (for himself, Mr. Cruz, Mr. Graham, Mr. Thune, 
Ms. Ayotte, Mr. Hoeven, Mr. Hatch, Mr. Flake, Mr. Coats, Mr. Cornyn, 
Mr. Roberts, Mr. Wicker, Mr. Johnson of Wisconsin, Mr. Inhofe, Mr. 
Risch, Mr. Rubio, Ms. Murkowski, Mr. Boozman, Mr. Johanns, Mr. Portman, 
Mr. McConnell, Mr. Blunt, Mr. Vitter, Mr. Cochran, and Mr. Coburn) 
submitted an amendment intended to be proposed by him to the bill S. 
649, to ensure that all individuals who should be prohibited from 
buying a firearm are listed in the national instant criminal background 
check system and require a background check for every firearm sale, and 
for other purposes; as follows:

       On page 1, line 3, strike ``short'' and all that follows 
     through page 42, line 15, and insert the following:

     SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Protecting 
     Communities and Preserving the Second Amendment Act of 
     2013''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

     TITLE I--COMBATING GUN CRIME, NICS REAUTHORIZATION, AND NICS 
                              IMPROVEMENT

Sec. 101. Reauthorization and improvements to NICS.
Sec. 102. Availability of records to NICS.
Sec. 103. Definitions relating to mental health.
Sec. 104. Clarification that Federal court information is to be made 
              available to the National Instant Criminal Background 
              Check System.
Sec. 105. Reports and certifications to Congress.
Sec. 106. Increasing Federal prosecution of gun violence.
Sec. 107. Prosecution of felons and fugitives who attempt to illegally 
              purchase firearms.
Sec. 108. Limitation on operations by the Department of Justice.
Sec. 109. Straw purchasing of firearms.
Sec. 110. Increased penalties for lying and buying.
Sec. 111. Amendments to section 924(a).
Sec. 112. Amendments to section 924(h).
Sec. 113. Amendments to section 924(k).
Sec. 114. Multiple sales reports for rifles and shotguns.
Sec. 115. Study by the National Institutes of Justice and National 
              Academy of Sciences on the causes of mass shootings.
Sec. 116. Reports to Congress regarding ammunition purchases by Federal 
              agencies.
Sec. 117. Reduction of Byrne JAG funds for State failure to provide 
              mental health records to NICS.
Sec. 118. Firearm commerce modernization.
Sec. 119. Firearm dealer access to law enforcement information.
Sec. 120. Interstate transportation of firearms or ammunition.

                        TITLE II--MENTAL HEALTH

Sec. 201. Reauthorization and additional amendments to the Mentally Ill 
              Offender Treatment and Crime Reduction Act.
Sec. 202. Additional purposes for Federal grants.
Sec. 203. Conditions for treatment of certain persons as adjudicated 
              mentally incompetent for certain purposes.

                        TITLE III--SCHOOL SAFETY

Sec. 301. Short title.
Sec. 302. Grant program for school security.
Sec. 303. Applications.
Sec. 304. Authorization of appropriations.
Sec. 305. Accountability.
Sec. 306. Preventing duplicative grants.

     SEC. 2. DEFINITIONS.

       In this Act--
       (1) the term ``agency'' has the meaning given the term in 
     section 551 of title 5, United States Code;
       (2) the term ``NICS'' means the National Instant Criminal 
     Background Check System; and
       (3) the term ``relevant Federal records'' means any record 
     demonstrating that a person is prohibited from possessing or 
     receiving a firearm under subsection (g) or (n) of section 
     922 of title 18, United States Code.

     TITLE I--COMBATING GUN CRIME, NICS REAUTHORIZATION, AND NICS 
                              IMPROVEMENT

     SEC. 101. REAUTHORIZATION AND IMPROVEMENTS TO NICS.

       (a) In General.--Section 103 of the NICS Improvement 
     Amendments Act of 2007 (18 U.S.C. 922 note) is amended--
       (1) by redesignating subsection (e) as subsection (f) and 
     amending such subsection to read as follows:
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $20,000,000 for each of fiscal years 2013 through 2017.''; 
     and
       (2) by inserting after subsection (d) the following:
       ``(e) Accountability.--All grants awarded by the Attorney 
     General under this section shall be subject to the following 
     accountability provisions:
       ``(1) Definition.--In this subsection, 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.
       ``(2) 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.
       ``(3) 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.''.
       (b) Modification of Eligibility Requirements.--The NICS 
     Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is 
     amended--
       (1) in section 102(b)(1)--
       (A) in subparagraph (A), by striking ``subparagraph (C)'' 
     and inserting ``subparagraph (B)'';
       (B) by striking subparagraph (B); and
       (C) by redesignating subparagraph (C) as subparagraph (B);
       (2) in section 103(a)(1), by striking ``and subject to 
     section 102(b)(1)(B)''; and
       (3) in section 104(d), by striking ``section 102(b)(1)(C)'' 
     and inserting ``section 102(b)(1)(B)''.

[[Page 5395]]



     SEC. 102. AVAILABILITY OF RECORDS TO NICS.

       (a) Guidance.--Not later than 45 days after the date of 
     enactment of this Act, the Attorney General shall issue 
     guidance regarding--
       (1) the identification and sharing of relevant Federal 
     records; and
       (2) submission of the relevant Federal records to NICS.
       (b) Prioritization of Records.--Each agency that possesses 
     relevant Federal records shall prioritize providing the 
     relevant information contained in the relevant Federal 
     records to NICS on a regular and ongoing basis in accordance 
     with the guidance issued by the Attorney General under 
     subsection (a).
       (c) Reports.--Not later than 60 days after the Attorney 
     General issues guidance under subsection (a), the head of 
     each agency shall submit a report to the Attorney General 
     that--
       (1) advises whether the agency possesses relevant Federal 
     records; and
       (2) describes the implementation plan of the agency for 
     making the relevant information contained in relevant Federal 
     records available to NICS in a manner consistent with 
     applicable law.
       (d) Determination of Relevance.--The Attorney General shall 
     resolve any dispute regarding whether--
       (1) agency records are relevant Federal records; and
       (2) the relevant Federal records of an agency should be 
     made available to NICS.

     SEC. 103. 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, or mental 
     illness--
       ``(aa) was a danger to himself or to others;
       ``(bb) was guilty but mentally ill in a criminal case;
       ``(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 only 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;
       ``(gg) required involuntary outpatient treatment by a 
     psychiatric hospital based on a finding that the person is a 
     danger to himself or to others; or
       ``(hh) required involuntary commitment to a psychiatric 
     hospital for any reason, including drug use; and
       ``(ii) does not include--
       ``(I) a person who is in 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 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, or involuntary commitment to, 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) or 
     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).
       ``(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 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''; and
       (3) 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. 104. 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.''.

     SEC. 105. REPORTS AND CERTIFICATIONS TO CONGRESS.

       (a) NICS Reports.--Not later than October 1, 2013, and 
     every year thereafter, the head of each agency that possesses 
     relevant Federal records shall submit a report to Congress 
     that includes--
       (1) a description of the relevant Federal records possessed 
     by the agency that can be shared with NICS in a manner 
     consistent with applicable law;
       (2) the number of relevant Federal records the agency 
     submitted to NICS during the reporting period;
       (3) efforts made to increase the percentage of relevant 
     Federal records possessed by the agency that are submitted to 
     NICS;
       (4) any obstacles to increasing the percentage of relevant 
     Federal records possessed by the agency that are submitted to 
     NICS;
       (5) measures put in place to provide notice and programs 
     for relief from disabilities as required under the NICS 
     Improvement Amendments Act of 2007 (18 U.S.C. 922 note) if 
     the agency makes qualifying adjudications relating to the 
     mental health of an individual;
       (6) measures put in place to correct, modify, or remove 
     records available to NICS when the basis on which the records 
     were made available no longer applies; and
       (7) additional steps that will be taken during the 1-year 
     period after the submission of the report to improve the 
     processes by which relevant Federal records are--
       (A) identified;
       (B) made available to NICS; and
       (C) corrected, modified, or removed from NICS.
       (b) Certifications.--
       (1) In general.--The annual report requirement in 
     subsection (a) shall not apply to an agency that, as part of 
     a report required to be submitted under subsection (a), 
     provides certification that the agency has--
       (A) made available to NICS relevant Federal records that 
     can be shared in a manner consistent with applicable law;
       (B) a plan to make any relevant Federal records available 
     to NICS and a description of that plan; and
       (C) a plan to update, modify, or remove records 
     electronically from NICS not less than quarterly as required 
     by the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 
     note) and a description of that plan.
       (2) Frequency.--Each agency that is not required to submit 
     annual reports under paragraph (1) shall submit an annual 
     certification to Congress attesting that the agency continues 
     to submit relevant Federal records to NICS and has corrected, 
     modified, or removed records available to NICS when the basis 
     on which the records were made available no longer applies.
       (c) Reports to Congress on Firearms Prosecutions.--
       (1) Report to congress.--Beginning February 1, 2014, and on 
     February 1 of each year thereafter through 2023, the Attorney 
     General shall submit to the Committees on the Judiciary and 
     Committees on Appropriations of the Senate and the House of 
     Representatives a report of information gathered under this 
     subsection during the fiscal year that ended on September 30 
     of the preceding year.
       (2) Subject of annual report.--Not later than 90 days after 
     the date of enactment of this Act, the Attorney General shall 
     require each component of the Department of Justice, 
     including each United States Attorney's Office, to furnish 
     for the purposes of

[[Page 5396]]

     the report described in paragraph (1), information relating 
     to any case presented to the Department of Justice for review 
     or prosecution, in which the objective facts of the case 
     provide probable cause to believe that there has been a 
     violation of sections 922 and 924, United States Code, and 
     section 5861 of the Internal Revenue Code of 1986.
       (3) Elements of annual report.--With respect to each case 
     described in paragraph (2), the report submitted under 
     paragraph (1) shall include information indicating--
       (A) whether in any such case, a decision has been made not 
     to charge an individual with a violation of sections 922 and 
     924, United States Code, and section 5861 of the Internal 
     Revenue Code of 1986, or any other violation of Federal 
     criminal law;
       (B) in any case described in subparagraph (A), a 
     description of why no charge was filed under sections 922 and 
     924, United States Code, and section 5861 of the Internal 
     Revenue Code of 1986;
       (C) whether in any case described in paragraph (2), an 
     indictment, information, or other charge has been brought 
     against any person, or the matter is pending;
       (D) whether, in the case of an indictment, information, or 
     other charge described in subparagraph (C), the charging 
     document contains a count or counts alleging a violation of 
     sections 922 and 924, United States Code, and section 5861 of 
     the Internal Revenue Code of 1986;
       (E) in any case described in subparagraph (D) in which the 
     charging document contains a count or counts alleging a 
     violation of sections 922 and 924, United States Code, and 
     section 5861 of the Internal Revenue Code of 1986, whether a 
     plea agreement of any kind has been entered into with such 
     charged individual;
       (F) whether any plea agreement described in subparagraph 
     (E) required that the individual plead guilty, to enter a 
     plea of nolo contendere, or otherwise caused a court to enter 
     a conviction against that individual for a violation of 
     sections 922 and 924, United States Code, and section 5861 of 
     the Internal Revenue Code of 1986;
       (G) in any case described in subparagraph (F) in which the 
     plea agreement did not require that the individual plead 
     guilty, enter a plea of nolo contendere, or otherwise cause a 
     court to enter a conviction against that individual for a 
     violation of sections 922 and 924, United States Code, and 
     section 5861 of the Internal Revenue Code of 1986, 
     identification of the charges to which that individual did 
     plead guilty;
       (H) in the case of an indictment, information, or other 
     charge described in subparagraph (C), in which the charging 
     document contains a count or counts alleging a violation of 
     sections 922 and 924, United States Code, and section 5861 of 
     the Internal Revenue Code of 1986, the result of any trial of 
     such charges (guilty, not guilty, mistrial);
       (I) in the case of an indictment, information, or other 
     charge described in subparagraph (C), in which the charging 
     document did not contain a count or counts alleging a 
     violation of sections 922 and 924, United States Code, and 
     section 5861 of the Internal Revenue Code of 1986, the nature 
     of the other charges brought and the result of any trial of 
     such other charges as have been brought (guilty, not guilty, 
     mistrial);
       (J) the number of persons who attempted to purchase a 
     firearm but were denied because of a background check 
     conducted in accordance with section 922(t) of title 18, 
     United States Code; and
       (K) the number of prosecutions conducted in relation to 
     persons described in subparagraph (J).

     SEC. 106. INCREASING FEDERAL PROSECUTION OF GUN VIOLENCE.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Attorney General shall establish 
     in jurisdictions specified in subsection (c) a program that 
     meets the requirements of subsection (b), to be known as the 
     ``Nationwide Project Exile Expansion''.
       (b) Program Elements.--Each program established under 
     subsection (a) shall, for the jurisdiction concerned--
       (1) provide for coordination with State and local law 
     enforcement officials in the identification of violations of 
     Federal firearms laws;
       (2) provide for the establishment of agreements with State 
     and local law enforcement officials for the referral to the 
     Bureau of Alcohol, Tobacco, Firearms, and Explosives and the 
     United States Attorney for prosecution of persons arrested 
     for violations of section 922 or section 924 of title 18, 
     United States Code, or section 5861 of the Internal Revenue 
     Code of 1986, relating to firearms;
       (3) provide for the establishment of multi-jurisdictional 
     task forces, coordinated by the Executive Office of the 
     United States attorneys to investigate and prosecute illegal 
     straw purchasing rings that purchase firearms in one 
     jurisdiction and transfer them to another;
       (4) require that the United States attorney designate not 
     less than 1 assistant United States attorney to prosecute 
     violations of Federal firearms laws;
       (5) provide for the hiring of agents for the Bureau of 
     Alcohol, Tobacco, Firearms, and Explosives to investigate 
     violations of the provisions referred to in paragraph (2), 
     United States Code, relating to firearms; and
       (6) ensure that each person referred to the United States 
     attorney under paragraph (2) be charged with a violation of 
     the most serious Federal firearm offense consistent with the 
     act committed.
       (c) Covered Jurisdictions.--
       (1) In general.--Subject to paragraph (2), the 
     jurisdictions specified in this subsection are--
       (A) the 10 jurisdictions with a population equal to or 
     greater than 100,000 persons that had the highest total 
     number of homicides according to the uniform crime report of 
     the Federal Bureau of Investigation for the most recent year 
     available;
       (B) the 5 jurisdictions with such a population, other than 
     the jurisdictions covered by paragraph (1), with the highest 
     per capita rate of homicide according to the uniform crime 
     report of the Federal Bureau of Investigation for the most 
     recent year available; and
       (C) the 3 tribal jurisdictions that have the highest 
     homicide crime rates, as determined by the Attorney General.
       (2) Limitation.--The 15 jurisdictions described in 
     subparagraphs (A) and (B) shall not include any jurisdiction 
     other than those within the 50 States.
       (d) Annual Reports.--Not later than 1 year after the date 
     of enactment of this Act, an annually thereafter, 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 containing the 
     following information:
       (1) The number of individuals indicted for such violations 
     of Federal firearms laws during that year by reason of the 
     program.
       (2) The increase or decrease in the number of individuals 
     indicted for such violations of Federal firearms laws during 
     that year by reason of the program when compared with the 
     year preceding that year.
       (3) The number of individuals held without bond in 
     anticipation of prosecution by reason of the program.
       (4) To the extent the information is available, the average 
     length of prison sentence of the individuals convicted of 
     violations of Federal firearms laws by reason of the program.
       (5) The number of multi-jurisdiction task forces 
     established and the number of individuals arrested, indicted, 
     convicted or acquitted of charges for violations of the 
     specific crimes listed in subsection (b)(2).
       (e) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     carry out the program under this section $15,000,000 for each 
     of fiscal years 2014, 2015, and 2016, which shall be used for 
     salaries and expenses of assistant United States attorneys 
     and Bureau of Alcohol, Tobacco, Firearms, and Explosives 
     agents.
       (2) Use of funds.--
       (A) Assistant united states attorneys.--The assistant 
     United States attorneys hired using amounts authorized to be 
     appropriated under paragraph (1) shall prosecute violations 
     of Federal firearms laws in accordance with subsection 
     (b)(2).
       (B) ATF agents.--The Bureau of Alcohol, Tobacco, Firearms, 
     and Explosives agents hired using amounts authorized to be 
     appropriated under paragraph (1) shall, to the maximum extent 
     practicable, concentrate their investigations on violations 
     of Federal firearms laws in accordance with subsection 
     (b)(2).

     SEC. 107. PROSECUTION OF FELONS AND FUGITIVES WHO ATTEMPT TO 
                   ILLEGALLY PURCHASE FIREARMS.

       (a) Taskforce.--
       (1) Establishment.--There is established a task force 
     within the Department of Justice, which shall be known as the 
     Felon and Fugitive Firearm Task Force (referred to in this 
     section as the ``Task Force''), to strengthen the efforts of 
     the Department of Justice to investigate and prosecute cases 
     of convicted felons and fugitives from justice who illegally 
     attempt to purchase a firearm.
       (2) Membership.--The members of the Task Force shall be--
       (A) the Deputy Attorney General, who shall serve as the 
     Chairperson of the Task Force;
       (B) the Assistant Attorney General for the Criminal 
     Division;
       (C) the Director of the Bureau of Alcohol, Tobacco, 
     Firearms, and Explosives;
       (D) the Director of the Federal Bureau of Investigation; 
     and
       (E) such other officers or employees of the Department of 
     Justice as the Attorney General may designate.
       (3) Duties.--The Task Force shall--
       (A) provide direction for the investigation and prosecution 
     of cases of convicted felons and fugitives from justice 
     attempting to illegally purchase a firearm; and
       (B) provide recommendations to the Attorney General 
     relating to--
       (i) the allocation and reallocation of resources of the 
     Department of Justice for investigation and prosecution of 
     cases of convicted felons and fugitives from justice 
     attempting to illegally purchase a firearm;
       (ii) enhancing cooperation among agencies and entities of 
     the Federal Government in the investigation and prosecution 
     of cases of convicted felons and fugitives from justice 
     attempting to illegally purchase a firearm;

[[Page 5397]]

       (iii) enhancing cooperation among Federal, State, and local 
     authorities responsible for the investigation and prosecution 
     of cases of convicted felons and fugitives from justice 
     attempting to illegally purchase a firearm; and
       (iv) changes in rules, regulations, or policy to improve 
     the effective investigation and prosecution of cases of 
     convicted felons and fugitives from justice attempting to 
     illegally purchase a firearm.
       (4) Meetings.--The Task Force shall meet not less than once 
     a year.
       (5) Termination.--The Task Force shall terminate on the 
     date that is 5 years after the date of enactment of this Act.
       (b) Authorization for Use of Funds.--Section 524(c)(1) of 
     title 28, United States Code, is amended--
       (1) in subparagraph (H), by striking ``and'' at the end;
       (2) in subparagraph (I), by striking the period at the end 
     and inserting ``; and''; and
       (3) by inserting after subparagraph (I) the following:
       ``(J) the investigation and prosecution of cases of 
     convicted felons and fugitives from justice who illegally 
     attempt to purchase a firearm, in accordance with section 107 
     of the Protecting Communities and Preserving the Second 
     Amendment Act of 2013, provided that--
       ``(i) not more than $10,000,000 shall be available to the 
     Attorney General for each of fiscal years 2014 through 2018 
     under this subparagraph; and
       ``(ii) not more than 5 percent of the amounts made 
     available under this subparagraph may be used for the 
     administrative costs of the task force established under 
     section 107 of the Protecting Communities and Preserving the 
     Second Amendment Act of 2013.''.

     SEC. 108. LIMITATION ON OPERATIONS BY THE DEPARTMENT OF 
                   JUSTICE.

       The Department of Justice, and any of its law enforcement 
     coordinate agencies, shall not conduct any operation where a 
     Federal firearms licensee is directed, instructed, enticed, 
     or otherwise encouraged by the Department of Justice to sell 
     a firearm to an individual if the Department of Justice, or a 
     coordinate agency, knows or has reasonable cause to believe 
     that such an individual is purchasing on behalf of another 
     for an illegal purpose unless the Attorney General, the 
     Deputy Attorney General, or the Assistant Attorney General 
     for the Criminal Division personally reviews and approves the 
     operation, in writing, and determines that the agency has 
     prepared an operational plan that includes sufficient 
     safeguards to prevent firearms from being transferred to 
     third parties without law enforcement taking reasonable steps 
     to lawfully interdict those firearms.

     SEC. 109. STRAW PURCHASING OF FIREARMS.

       (a) In General.--Chapter 44 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 932. Straw purchasing of firearms

       ``(a) Definitions.--For purposes of this section--
       ``(1) the term `crime of violence' has the meaning given 
     that term in section 924(c)(3);
       ``(2) the term `drug trafficking crime' has the meaning 
     given that term in section 924(c)(2); and
       ``(3) the term `Federal crime of terrorism' has the meaning 
     given that term in section 2332b(g).
       ``(b) Offense.--It shall be unlawful for any person to--
       ``(1) purchase or otherwise obtain a firearm, which has 
     been shipped, transported, or received in interstate or 
     foreign commerce, for or on behalf of any other person who 
     the person purchasing or otherwise obtaining the firearm 
     knows--
       ``(A) is prohibited from possessing or receiving a firearm 
     under subsection (g) or (n) of section 922;
       ``(B) intends to use, carry, possess, or sell or otherwise 
     dispose of the firearm in furtherance of a crime of violence, 
     a drug trafficking crime, or a Federal crime of terrorism;
       ``(C) intends to engage in conduct that would constitute a 
     crime of violence, a drug trafficking crime, or a Federal 
     crime of terrorism if the conduct had occurred within the 
     United States; or
       ``(D) is not a resident of any State and is not a citizen 
     or lawful permanent resident of the United States; or
       ``(2) willfully procure another to engage in conduct 
     described in paragraph (1).
       ``(c) Penalty.--Any person who violates subsection (b) 
     shall be fined under this title, imprisoned not more than 15 
     years, or both.

     ``Sec. 933. Trafficking in firearms

       ``(a) Definitions.--For purposes of this section--
       ``(1) the term `crime of violence' has the meaning given 
     that term in section 924(c)(3);
       ``(2) the term `drug trafficking crime' has the meaning 
     given that term in section 924(c)(2); and
       ``(3) the term `Federal crime of terrorism' has the meaning 
     given that term in section 2332b(g).
       ``(b) Offense.--It shall be unlawful for any person to--
       ``(1) ship, transport, transfer, or otherwise dispose of 2 
     or more firearms to another person in or otherwise affecting 
     interstate or foreign commerce, if the transferor knows that 
     the use, carrying, or possession of a firearm by the 
     transferee would violate subsection (g) or (n) of section 
     922, or constitute a crime of violence, a drug trafficking 
     crime, or a Federal crime of terrorism;
       ``(2) receive from another person 2 or more firearms in or 
     otherwise affecting interstate or foreign commerce, if the 
     recipient--
       ``(A) knows that such receipt would violate subsection (g) 
     or (n) of section 922; or
       ``(B) intends to use the firearm in furtherance of a crime 
     of violence, a drug trafficking crime, or a Federal crime of 
     terrorism; or
       ``(3) attempt or conspire to commit the conduct described 
     in paragraph (1) or (2).
       ``(c) Penalties.--
       ``(1) In general.--Any person who violates subsection (b) 
     shall be fined under this title, imprisoned not more than 15 
     years, or both.
       ``(2) Organizer.--If a violation of subsection (b) is 
     committed by a person acting in concert with other persons as 
     an organizer, leader, supervisor, or manager, the person 
     shall be fined under this title, imprisoned not more than 20 
     years, or both.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 44 of title 18, United States Code, is 
     amended by inserting after the item relating to section 931 
     the following:

``932. Straw purchasing of firearms.
``933. Trafficking in firearms.''.
       (c) Directive to the Sentencing Commission.--Pursuant to 
     its authority under section 994 of title 28, United States 
     Code, and in accordance with this section, the United States 
     Sentencing Commission shall review and amend its guidelines 
     and policy statements to ensure that persons convicted of an 
     offense under section 932 or 933 of title 18, United States 
     Code, and other offenses applicable to the straw purchases 
     and firearms trafficking of firearms are subject to increased 
     penalties in comparison to those currently provided by the 
     guidelines and policy statements for such straw purchasing 
     and firearms trafficking offenses. In its review, the 
     Commission shall consider, in particular, an appropriate 
     amendment to reflect the intent of Congress that straw 
     purchasers without significant criminal histories receive 
     sentences that are sufficient to deter participation in such 
     activities. The Commission shall also review and amend its 
     guidelines and policy statements to reflect the intent of 
     Congress that a person convicted of an offense under section 
     932 or 933 of title 18, United States Code, who is affiliated 
     with a gang, cartel, organized crime ring, or other such 
     enterprise should be subject to higher penalties than an 
     otherwise unaffiliated individual.

     SEC. 110. INCREASED PENALTIES FOR LYING AND BUYING.

       Section 924(a)(1) of title 18, United States Code, is 
     amended in the undesignated matter following subparagraph (D) 
     by striking ``five years'' and inserting the following: ``5 
     years (or, in the case of a violation under subparagraph (A), 
     not more than 10 years)''.

     SEC. 111. AMENDMENTS TO SECTION 924(A).

       Section 924(a) of title 18, United States Code, is 
     amended--
       (1) in paragraph (2), by striking ``(d), (g),''; and
       (2) by adding at the end the following:
       ``(8) Whoever knowingly violates subsection (d), (g), or 
     (n) of section 922 shall be fined under this title, 
     imprisoned not more than 15 years, or both.''.

     SEC. 112. AMENDMENTS TO SECTION 924(H).

       Section 924 of title 18, United States Code, is amended by 
     striking subsection (h) and inserting the following:
       ``(h) Whoever knowingly receives or transfers a firearm or 
     ammunition, or attempts or conspires to do so, knowing that 
     such firearm or ammunition will be used to commit a crime of 
     violence (as defined in subsection (c)(3)), a drug 
     trafficking crime (as defined in subsection (c)(2)), a 
     Federal crime of terrorism (as defined in section 2332b(g)), 
     or a crime under the Arms Export Control Act (22 U.S.C. 2751 
     et seq.), the International Emergency Economic Powers Act (50 
     U.S.C. 1701 et seq.), or the Foreign Narcotics Kingpin 
     Designation Act (21 U.S.C. 1901 et seq.), shall be imprisoned 
     not more than 15 years, fined in accordance with this title, 
     or both.''.

     SEC. 113. AMENDMENTS TO SECTION 924(K).

       Section 924 of title 18, United States Code, is amended by 
     striking subsection (k) and inserting the following:
       ``(k)(1) A person who, with intent to engage in or promote 
     conduct that--
       ``(A) is punishable under the Controlled Substances Act (21 
     U.S.C. 801 et seq.), the Controlled Substances Import and 
     Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 
     46;
       ``(B) violates any law of a State relating to any 
     controlled substance (as defined in section 102 of the 
     Controlled Substances Act, 21 U.S.C. 802);
       ``(C) constitutes a crime of violence (as defined in 
     subsection (c)(3)); or
       ``(D) constitutes a Federal crime of terrorism (as defined 
     in section 2332b(g)),

     smuggles or knowingly brings into the United States, a 
     firearm or ammunition, or attempts or conspires to do so, 
     shall be imprisoned not more than 15 years, fined under this 
     title, or both.
       ``(2) A person who, with intent to engage in or to promote 
     conduct that--

[[Page 5398]]

       ``(A) would be punishable under the Controlled Substances 
     Act (21 U.S.C. 801 et seq.), the Controlled Substances Import 
     and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of 
     title 46, if the conduct had occurred within the United 
     States; or
       ``(B) would constitute a crime of violence (as defined in 
     subsection (c)(3)) or a Federal crime of terrorism (as 
     defined in section 2332b(g)) for which the person may be 
     prosecuted in a court of the United States, if the conduct 
     had occurred within the United States,
     smuggles or knowingly takes out of the United States, a 
     firearm or ammunition, or attempts or conspires to do so, 
     shall be imprisoned not more than 15 years, fined under this 
     title, or both.''.

     SEC. 114. MULTIPLE SALES REPORTS FOR RIFLES AND SHOTGUNS.

       Section 923(g)(5) of title 18, United States Code, is 
     amended by adding at the end the following:
       ``(C) The Attorney General may not require a licensee to 
     submit ongoing or periodic reporting of the sale or other 
     disposition of 2 or more rifles or shotguns during a 
     specified period of time.''.

     SEC. 115. STUDY BY THE NATIONAL INSTITUTES OF JUSTICE AND 
                   NATIONAL ACADEMY OF SCIENCES ON THE CAUSES OF 
                   MASS SHOOTINGS.

       (a) In General.--
       (1) Study.--Not later than 90 days after the date of 
     enactment of this Act, the Attorney General shall instruct 
     the Director of the National Institutes of Justice, to 
     conduct a peer-reviewed study to examine various sources and 
     causes of mass shootings including psychological factors, the 
     impact of violent video games, and other factors. The 
     Director shall enter into a contract with the National 
     Academy of Sciences to conduct this study jointly with an 
     independent panel of 5 experts appointed by the Academy.
       (2) Report.--Not later than 1 year after the date on which 
     the study required under paragraph (1) begins, the Directors 
     shall submit to Congress a report detailing the findings of 
     the study.
       (b) Issues Examined.--The study conducted under subsection 
     (a)(1) shall examine--
       (1) mental illness;
       (2) the availability of mental health and other resources 
     and strategies to help families detect and counter tendencies 
     toward violence;
       (3) the availability of mental health and other resources 
     at schools to help detect and counter tendencies of students 
     towards violence;
       (4) the extent to which perpetrators of mass shootings, 
     either alleged, convicted, deceased, or otherwise, played 
     violent or adult-themed video games and whether the 
     perpetrators of mass shootings discussed, planned, or used 
     violent or adult-themed video games in preparation of or to 
     assist in carrying out their violent actions;
       (5) familial relationships, including the level of 
     involvement and awareness of parents;
       (6) exposure to bullying; and
       (7) the extent to which perpetrators of mass shootings were 
     acting in a ``copycat'' manner based upon previous violent 
     events.

     SEC. 116. REPORTS TO CONGRESS REGARDING AMMUNITION PURCHASES 
                   BY FEDERAL AGENCIES.

       Not later than 1 year after the date of enactment of this 
     Act, the Director of the Office of Management and Budget, 
     shall report to the Speaker of the House of Representatives, 
     the President Pro Tempore of the Senate, and the Chairmen and 
     Ranking Members of the House and Senate Committee on 
     Appropriations and the Committee on the Judiciary, the House 
     Committee on Homeland Security, the Senate Committee on 
     Homeland Security and Government Affairs, and the House 
     Committee on Government Reform and Oversight, a report 
     including--
       (1) details of all purchases of ammunition by each Federal 
     agency;
       (2) a summary of all purchases, solicitations, and 
     expenditures on ammunition by each Federal agency;
       (3) a summary of all the rounds of ammunition expended by 
     each Federal agency and a current listing of stockpiled 
     ammunition for each Federal agency; and
       (4) an estimate of future ammunition needs and purchases 
     for each Federal agency for the next fiscal year.

     SEC. 117. REDUCTION OF BYRNE JAG FUNDS FOR STATE FAILURE TO 
                   PROVIDE MENTAL HEALTH RECORDS TO NICS.

       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) Reduction for failure to provide mental health 
     records.--
       ``(A) In general.--During the period beginning on the date 
     that is 18 months after the date of enactment of the 
     Protecting Communities and Preserving the Second Amendment 
     Act of 2013 and ending on the day before the date described 
     in subparagraph (B), the Attorney General shall withhold 5 
     percent of the amount that would otherwise be allocated to a 
     State under section 505 of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3755) if the State does not--
       ``(i) provide not less than 90 percent of the records 
     required to be provided under sections 102 and 103; or
       ``(ii) have 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) Final implementation deadline.--Beginning on the date 
     that is 5 years after the date of enactment of the Protecting 
     Communities and Preserving the Second Amendment Act of 2013, 
     the Attorney General shall withhold 10 percent of the amount 
     that would otherwise be allocated to a State under section 
     505 of the Omnibus Crime Control and Safe Streets Act of 1968 
     (42 U.S.C. 3755) if the State does not have in effect a 
     statute described in subparagraph (A)(ii) of this 
     paragraph.''.

     SEC. 118. FIREARM COMMERCE MODERNIZATION.

       (a) Firearms Dispositions.--Section 922(b)(3) of title 18, 
     United States Code, is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``located'' and inserting ``located or temporarily located''; 
     and
       (2) in subparagraph (A)--
       (A) by striking ``rifle or shotgun'' and inserting 
     ``firearm'';
       (B) by striking ``located'' and inserting ``located or 
     temporarily located''; and
       (C) by striking ``both such States'' and inserting ``the 
     State in which the transfer is conducted and the State of 
     residence of the transferee''.
       (b) Dealer Location.--Section 923 of title 18, United 
     States Code, is amended--
       (1) in subsection (j)--
       (A) in the first sentence, by striking ``, and such 
     location is in the State which is specified on the license''; 
     and
       (B) in the last sentence--
       (i) by inserting ``transfer,'' after ``sell,''; and
       (ii) by striking ``Act,'' and all that follows and 
     inserting ``Act.''; and
       (2) by adding at the end the following:
       ``(m) Nothing in this chapter shall be construed to 
     prohibit the sale, transfer, delivery, or other disposition 
     of a firearm or ammunition--
       ``(1) by a person licensed under this chapter to another 
     person so licensed, at any location in any State; or
       ``(2) by a licensed importer, licensed manufacturer, or 
     licensed dealer to a person not licensed under this chapter, 
     at a temporary location described in subsection (j) in any 
     State.''.
       (c) Residence of United States Officers.--Section 921 of 
     title 18, United States Code, is amended by striking 
     subsection (b) and inserting the following:
       ``(b) For purposes of this chapter:
       ``(1) A member of the Armed Forces on active duty, or a 
     spouse of such a member, is a resident of--
       ``(A) the State in which the member or spouse maintains 
     legal residence;
       ``(B) the State in which the permanent duty station of the 
     member is located; and
       ``(C) the State in which the member maintains a place of 
     abode from which the member commutes each day to the 
     permanent duty station of the member.
       ``(2) An officer or employee of the United States (other 
     than a member of the Armed Forces) who is stationed outside 
     the United States for a period of more than 1 year, and a 
     spouse of such an officer or employee, is a resident of the 
     State in which the person maintains legal residence.''.

     SEC. 119. FIREARM DEALER ACCESS TO LAW ENFORCEMENT 
                   INFORMATION.

       (a) In General.--Section 103(b) of the Brady Handgun 
     Violence Prevention Act (18 U.S.C. 922 note), is amended--
       (1) by striking ``Not later than'' and inserting the 
     following:
       ``(1) In general.--Not later than''; and
       (2) by adding at the end the following:
       ``(2) Voluntary background checks.--
       ``(A) In general.--Not later than 90 days after the date of 
     enactment of the Protecting Communities and Preserving the 
     Second Amendment Act of 2013, the Attorney General shall 
     promulgate regulations allowing licensees to use the national 
     instant criminal background check system established under 
     this section for purposes of conducting voluntary, no fee 
     employment background checks on current or prospective 
     employees.
       ``(B) Notice.--Before conducting an employment background 
     check relating to an individual under subparagraph (A), a 
     licensee shall--
       ``(i) provide written notice to the individual that the 
     licensee intends to conduct the background check; and
       ``(ii) obtain consent to conduct the background check from 
     the individual in writing.
       ``(C) Exemption.--An employment background check conducted 
     by a licensee under subparagraph (A) shall not governed by 
     the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.).
       ``(D) Appeal.--Any individual who is the subject of an 
     employment background check conducted by a licensee under 
     subparagraph

[[Page 5399]]

     (A) the result of which indicates that the individual is a 
     prohibited from possessing a firearm or ammunition pursuant 
     to subsection (g) or (n) of section 922 of title 18, United 
     States Code, may appeal the results of the background check 
     in the same manner and to the same extent as if the 
     individual had been the subject of a background check 
     relating to the transfer of a firearm.''.
       (b) Acquisition, Preservation, and Exchange of 
     Identification Records and Information.--Section 534 of title 
     28, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (3), by striking ``and'' at the end;
       (B) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (C) by inserting after paragraph (4) the following:
       ``(5) provide a person licensed as an importer, 
     manufacturer, or dealer of firearms under chapter 44 of title 
     18 with information necessary to verify whether firearms 
     offered for sale to such licensees have been stolen.''; and
       (2) in subsection (b), by inserting ``, except for 
     dissemination authorized under subsection (a)(5) of this 
     section'' before the period.
       (c) Regulations.--Not later than 90 days after the date of 
     enactment of this Act, and without regard to chapter 5 of 
     title 5, United States Code, the Attorney General shall 
     promulgate regulations allowing a person licensed as an 
     importer, manufacturer, or dealer of firearms under chapter 
     44 of title 18, United States Code, to receive access to 
     records of stolen firearms maintained by the National Crime 
     Information Center operated by the Federal Bureau of 
     Investigation, solely for the purpose of voluntarily 
     verifying whether firearms offered for sale to such licensees 
     have been stolen.
       (d) Statutory Construction; Evidence.--
       (1) Statutory construction.--Nothing in this section or the 
     amendments made by this section shall be construed--
       (A) to create a cause of action against any person licensed 
     as an importer, manufacturer, or dealer of firearms under 
     chapter 44 of title 18, United States Code or any other 
     person for any civil liability; or
       (B) to establish any standard of care.
       (2) Evidence.--Notwithstanding any other provision of law, 
     evidence regarding the use or non-use by a person licensed as 
     an importer, manufacturer, or dealer of firearms under 
     chapter 44 of title 18, United States Code of the systems, 
     information, or records made available under this section or 
     the amendments made by this section shall not be admissible 
     as evidence in any proceeding of any court, agency, board, or 
     other entity.

     SEC. 120. INTERSTATE TRANSPORTATION OF FIREARMS OR 
                   AMMUNITION.

       (a) In General.--Section 926A of title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 926A. Interstate transportation of firearms or 
       ammunition

       ``(a) Definition.--In this section, the term `transport' 
     includes staying in temporary lodging overnight, stopping for 
     food, fuel, vehicle maintenance, an emergency, medical 
     treatment, and any other activity incidental to the 
     transport.
       ``(b) Authorization.--Notwithstanding any provision of any 
     law (including a rule or regulation) of a State or any 
     political subdivision thereof, a person who is not prohibited 
     by this chapter from possessing, transporting, shipping, or 
     receiving a firearm or ammunition shall be entitled to--
       ``(1) transport a firearm for any lawful purpose from any 
     place where the person may lawfully possess, carry, or 
     transport the firearm to any other such place if, during the 
     transportation--
       ``(A) the firearm is unloaded; and
       ``(B)(i) if the transportation is by motor vehicle--
       ``(I) the firearm is not directly accessible from the 
     passenger compartment of the motor vehicle; or
       ``(II) if the motor vehicle is without a compartment 
     separate from the passenger compartment, the firearm is--

       ``(aa) in a locked container other than the glove 
     compartment or console; or
       ``(bb) secured by a secure gun storage or safety device; or

       ``(ii) if the transportation is by other means, the firearm 
     is in a locked container or secured by a secure gun storage 
     or safety device; and
       ``(2) transport ammunition for any lawful purpose from any 
     place where the person may lawfully possess, carry, or 
     transport the ammunition, to any other such place if, during 
     the transportation--
       ``(A) the ammunition is not loaded into a firearm; and
       ``(B)(i) if the transportation is by motor vehicle--
       ``(I) the ammunition is not directly accessible from the 
     passenger compartment of the motor vehicle; or
       ``(II) if the motor vehicle is without a compartment 
     separate from the passenger compartment, the ammunition is in 
     a locked container other than the glove compartment or 
     console; or
       ``(ii) if the transportation is by other means, the 
     ammunition is in a locked container.
       ``(c) State Law.--
       ``(1) Arrest authority.--A person who is transporting a 
     firearm or ammunition may not be--
       ``(A) arrested for violation of any law or any rule or 
     regulation of a State, or any political subdivision thereof, 
     relating to the possession, transportation, or carrying of 
     firearms or ammunition, unless there is probable cause to 
     believe that the transportation is not in accordance with 
     subsection (b); or
       ``(B) detained for violation of any law or any rule or 
     regulation of a State, or any political subdivision thereof, 
     relating to the possession, transportation, or carrying of 
     firearms or ammunition, unless there is reasonable suspicion 
     that the transportation is not in accordance with subsection 
     (b).
       ``(2) Prosecution.--
       ``(A) Burden of proof.--If a person asserts this section as 
     a defense in a criminal proceeding, the government shall bear 
     the burden of proving, beyond a reasonable doubt, that the 
     conduct of the person was not in accordance with subsection 
     (b).
       ``(B) Prevailing defendant.--If a person successfully 
     asserts this section as a defense in a criminal proceeding, 
     the court shall award the prevailing defendant reasonable 
     attorney's fees.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 44 of title 18, United States Code, is 
     amended by striking the item relating to section 926A and 
     inserting the following:

``926A. Interstate transportation of firearms or ammunition.''.

                        TITLE II--MENTAL HEALTH

     SEC. 201. REAUTHORIZATION AND ADDITIONAL AMENDMENTS TO THE 
                   MENTALLY ILL OFFENDER TREATMENT AND CRIME 
                   REDUCTION ACT.

       (a) Safe Communities.--
       (1) In general.--Section 2991(a) of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa(a)) is 
     amended--
       (A) in paragraph (7)--
       (i) in the heading, by striking ``Mental illness'' and 
     inserting ``Mental illness; mental health disorder''; and
       (ii) by striking ``term `mental illness' means'' and 
     inserting ``terms `mental illness' and `mental health 
     disorder' mean''; and
       (B) 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; and
       ``(ii) has been unanimously approved for participation in a 
     program funded under this section by, when appropriate, the 
     relevant--

       ``(I) prosecuting attorney;
       ``(II) defense attorney;
       ``(III) probation or corrections official;
       ``(IV) judge; and
       ``(V) a representative from the relevant mental health 
     agency described in subsection (b)(5)(B)(i).

       ``(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.''.
       (2) 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

[[Page 5400]]

     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.''.
       (b) Evidence Based Practices.--Section 2991(c) of title I 
     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''.
       (c) Academy Training.--Section 2991(h) of title I 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.''.
       (d) Assisting Veterans.--
       Section 2991 of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (42 U.S.C. 3797aa) is amended--
       (A) by redesignating subsection (i) as subsection (n); and
       (B) by inserting after subsection (h) the following:
       ``(i) 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) has served on active duty in any branch of the Armed 
     Forces, including the National Guard and reserve components; 
     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.''.
       (e) Correctional Facilities; High Utilizers.--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 so added by subsection (d), the following:
       ``(j) 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.
       ``(k) Demonstration Grants Responding to High Utilizers.--
       ``(1) Definition.--In this subsection, the term `high 
     utilizer' means an individual who--
       ``(A) manifests obvious signs of mental illness or has been 
     diagnosed by a qualified mental health professional as having 
     a mental illness; and
       ``(B) consumes a significantly disproportionate quantity of 
     public resources, such as emergency, housing, judicial, 
     corrections, and law enforcement services.
       ``(2) Demonstration grants responding to high utilizers.--
       ``(A) In general.--The Attorney General may award not more 
     than 6 grants per year under this subsection to applicants 
     for the purpose of reducing the use of public services by 
     high utilizers.
       ``(B) Use of grants.--A recipient of a grant awarded under 
     this subsection may use the grant--
       ``(i) to develop or support multidisciplinary teams that 
     coordinate, implement, and administer community-based crisis 
     responses and long-term plans for high utilizers;
       ``(ii) to provide training on how to respond appropriately 
     to the unique issues involving high utilizers for public 
     service personnel, including criminal justice, mental health, 
     substance abuse, emergency room, healthcare, law enforcement, 
     corrections, and housing personnel;
       ``(iii) to develop or support alternatives to hospital and 
     jail admissions for high utilizers that provide treatment, 
     stabilization, and other appropriate supports in the least 
     restrictive, yet appropriate, environment; or
       ``(iv) to develop protocols and systems among law 
     enforcement, mental health, substance abuse, housing, 
     corrections, and emergency medical service operations to 
     provide coordinated assistance to high utilizers.
       ``(C) Report.--Not later than the last day of the first 
     year following the fiscal year in which a grant is awarded 
     under this subsection, the recipient of the grant shall 
     submit to the Attorney General a report that--
       ``(i) measures the performance of the grant recipient in 
     reducing the use of public services by high utilizers; and
       ``(ii) provides a model set of practices, systems, or 
     procedures that other jurisdictions can adopt to reduce the 
     use of public services by high utilizers.''.
       (f) 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 (i), as so added by 
     subsection (e), the following:
       ``(l) 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

[[Page 5401]]

     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 section 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 authorized to be appropriated 
     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 Deputy 
     Attorney General or such Assistant Attorney Generals, 
     Directors, or principal deputies as the Deputy Attorney 
     General may designate, 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.''.
       ``(m) 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.''.
       (g) Reauthorization of Appropriations.--Section 2991(n) of 
     title I of the Omnibus Crime Control and Safe Streets Act of 
     1968, as redesignated in subsection (d), is amended--
       (1) in paragraph (1);
       (A) in subparagraph (B), by striking ``and'' at the end;
       (B) in subparagraph (C), by striking the period and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(D) $40,000,000 for each of fiscal years 2015 through 
     2019.''; 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 (i) (relating to 
     veterans).''.

     SEC. 202. ADDITIONAL PURPOSES FOR FEDERAL GRANTS.

       (a) Modifications to the 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 operations by law 
     enforcement or corrections.''.
       (b) Modifications to the 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 (19);
       (3) by inserting after paragraph (16) the following:
       ``(17) to provide specialized training to law enforcement 
     officers (including village public safety officers (as 
     defined in section 247 of the Indian Arts and Crafts 
     Amendments Act of 2010 (42 U.S.C. 3796dd note))) to recognize 
     individuals who have mental illness and how to properly 
     intervene with individuals with mental illness and to 
     establish programs that enhance the ability of law 
     enforcement agencies to address the mental health, 
     behavioral, and substance abuse problems of individuals 
     encountered in the line of duty;
       ``(18) to provide specialized training to corrections 
     officers to recognize individuals who have mental illness and 
     to enhance the ability of corrections officers to address the 
     mental health or individuals under the care and custody of 
     jails and prisons; and''; and
       (4) in paragraph (19), as redesignated, by striking 
     ``through (16)'' and inserting ``through (18)''.

     SEC. 203. CONDITIONS FOR TREATMENT OF CERTAIN PERSONS AS 
                   ADJUDICATED MENTALLY INCOMPETENT FOR CERTAIN 
                   PURPOSES.

       (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

       ``In any case arising out of the administration by the 
     Secretary of laws and benefits under this title, a person who 
     is mentally incapacitated, deemed mentally incompetent, or 
     experiencing an extended loss of consciousness shall not be 
     considered adjudicated as a mental defective under subsection 
     (d)(4) or (g)(4) of section 922 of title 18 without the order 
     or finding of a judge, magistrate, or other judicial 
     authority of competent jurisdiction that such person is a 
     danger to himself or herself or others.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections at the beginning of 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.''.

                        TITLE III--SCHOOL SAFETY

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``School Safety Enhancements 
     Act of 2013''.

     SEC. 302. GRANT PROGRAM FOR SCHOOL SECURITY.

       Section 2701 of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3797a) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking ``Placement'' and inserting 
     ``Installation''; and
       (ii) by inserting ``surveillance equipment,'' after 
     ``detectors,'';

[[Page 5402]]

       (B) by redesignating paragraph (5) as paragraph (6); and
       (C) by inserting after paragraph (4) the following:
       ``(5) Establishment of hotlines or tiplines for the 
     reporting of potentially dangerous students and 
     situations.''; and
       (2) by adding at the end the following:
       ``(g) Interagency Task Force.--
       ``(1) Establishment.--Not later than 60 days after the date 
     of enactment of the School Safety Enhancements Act of 2013, 
     the Director and the Secretary of Education, or the designee 
     of the Secretary, shall establish an interagency task force 
     to develop and promulgate a set of advisory school safety 
     guidelines.
       ``(2) Publication of guidelines.--Not later than 1 year 
     after the date of enactment of the School Safety Enhancements 
     Act of 2013, the advisory school safety guidelines 
     promulgated by the interagency task force shall be published 
     in the Federal Register.
       ``(3) Required consultation.--In developing the final 
     advisory school safety guidelines under this subsection, the 
     interagency task force shall consult with stakeholders and 
     interested parties, including parents, teachers, and 
     agencies.''.

     SEC. 303. APPLICATIONS.

       Section 2702(a)(2) of title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3797b(a)(2)) is 
     amended to read as follows:
       ``(2) be accompanied by a report--
       ``(A) signed by the heads of each law enforcement agency 
     and school district with jurisdiction over the schools where 
     the safety improvements will be implemented; and
       ``(B) demonstrating that each proposed use of the grant 
     funds will be--
       ``(i) an effective means for improving the safety of 1 or 
     more schools;
       ``(ii) consistent with a comprehensive approach to 
     preventing school violence; and
       ``(iii) individualized to the needs of each school at which 
     those improvements are to be made.''.

     SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

       Section 2705 of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3797e) is amended by 
     striking ``2001 through 2009'' and inserting ``2014 through 
     2023''.

     SEC. 305. ACCOUNTABILITY.

       Section 2701 of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3797a), as amended by 
     section 202 of this title, is amended by adding at the end 
     the following:
       ``(h) Accountability.--All grants awarded by the Attorney 
     General under this part 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 part 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 part that is found to have an unresolved audit 
     finding shall not be eligible to receive grant funds under 
     this part 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 part, 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 part.
       ``(E) Reimbursement.--If an entity is awarded grant funds 
     under this part 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 part 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 authorized to be appropriated 
     to the Department of Justice under this part may be used by 
     the Attorney General, or by any individual or entity awarded 
     discretionary funds through a cooperative agreement under 
     this part, 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 Deputy Attorney General or 
     such Assistant Attorney Generals, Directors, or principal 
     deputies as the Deputy Attorney General may designate, 
     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.''.

     SEC. 306. PREVENTING DUPLICATIVE GRANTS.

       Section 1701 of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended by 
     adding at the end the following:
       ``(l) Preventing Duplicative Grants.--
       ``(1) In general.--Before the Attorney General awards a 
     grant to an applicant under this part, the Attorney General 
     shall compare potential grant awards with grants awarded 
     under parts A or T 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.''.
                                 ______
                                 
  SA 726. Mr. UDALL of New Mexico submitted an amendment intended to be 
proposed by him to the bill S. 649, to ensure that all individuals who 
should be prohibited from buying a firearm are listed in the national 
instant criminal background check system and require a background check 
for every firearm sale, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of title II, add the following:

     SEC. 208. APPOINTMENT OF ASSISTANT UNITED STATES ATTORNEYS TO 
                   PROSECUTE FIREARMS OFFENSES.

       (a) In General.--The Attorney General shall--
       (1) appoint 50 individuals to a position as an assistant 
     United States attorney, which shall be in addition to the 
     number of such positions on the date of enactment of this 
     Act;
       (2) assign each individual serving in a position described 
     in paragraph (1) responsibility for prosecuting offenses 
     under chapter 44 of title 18, United States Code, and any 
     other offense under Federal law involving firearms or 
     ammunition; and
       (3) require each individual serving in a position described 
     in paragraph (1) to give priority in the prosecution of 
     offenses described in paragraph (2) to--

[[Page 5403]]

       (A) crimes of violence (as defined in section 16 of title 
     18, United States Code) committed by individuals who have 
     previously been convicted of such a crime;
       (B) offenses by individuals who have previously been 
     convicted of a crime punishable by imprisonment for more than 
     1 year; and
       (C) offenses committed with the intent to transfer a 
     firearm across an international border of the United States.
       (b) Assignment to Judicial Districts.--In determining in 
     which judicial districts to appoint individuals to positions 
     as assistant United States attorneys under subsection (a), 
     the Attorney General shall give priority to judicial 
     districts with the highest incidence of crimes and offenses 
     described in subparagraphs (A), (B), and (C) of subsection 
     (a)(3).
       (c) Authorization for Use of Funds.--Section 524(c)(1) of 
     title 28, United States Code, is amended--
       (1) in subparagraph (H), by striking ``and'' at the end;
       (2) in subparagraph (I), by striking the period at the end 
     and inserting ``; and''; and
       (3) by inserting after subparagraph (I) the following:
       ``(J) carrying out section 208 of the Safe Communities, 
     Safe Schools Act of 2013, provided that not more than 
     $12,500,000 shall be available to the Attorney General for 
     each of fiscal years 2014 through 2017 under this 
     subparagraph.''.
                                 ______
                                 
  SA 727. Mr. COBURN (for himself and Mr. McCain) submitted an 
amendment intended to be proposed by him to the bill S. 649, to ensure 
that all individuals who should be prohibited from buying a firearm are 
listed in the national instant criminal background check system and 
require a background check for every firearm sale, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Gun Rights 
     and Safety Act of 2013''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Rule of construction.

     TITLE I--CONSOLIDATING FEDERAL PROGRAMS AND ENSURING THAT ALL 
 INDIVIDUALS WHO SHOULD BE PROHIBITED FROM BUYING A GUN ARE LISTED IN 
         THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM

Sec. 101. Reauthorization of the National Criminal History Records 
              Improvement Program.
Sec. 102. Improvement of metrics and incentives.
Sec. 103. Grants to states for improvement of coordination and 
              automation of nics record reporting.
Sec. 104. Relief from disabilities program.
Sec. 105. Protecting the Second Amendment rights of veterans.
Sec. 106. Clarification that federal court information is to be made 
              available to the national instant criminal background 
              check system.
Sec. 107. Publication of NICS Index Statistics.
Sec. 108. Effective date.

   TITLE II--EXPANDING NICS CHECKS FOR THE SAFE TRANSFER OF FIREARMS

Sec. 201. Purpose.
Sec. 202. Firearms transfers.
Sec. 203. Prohibition on national gun registry; limitation on 
              authorization to seize, copy, or reproduce records and 
              documents.
Sec. 204. Authority to conduct interstate firearms transactions.
Sec. 205. Consolidating unnecessary duplicative and overlapping DOJ 
              programs.
Sec. 206. Inspector General Report.
Sec. 207. Amendment to section 923(g)(5).
Sec. 208. Effective date.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Congress supports and respects the right to bear arms 
     guaranteed by the Second Amendment to the Constitution of the 
     United States.
       (2) Congress supports the privacy rights of gun owners in 
     the United States, including the existing prohibition on a 
     national firearms registry.
       (3) Congress supports longstanding Federal law that 
     prohibits convicted felons and those with dangerous mental 
     illnesses from purchasing or possessing a firearm, along with 
     the national instant criminal background check system to help 
     prevent these persons from procuring firearms in the primary 
     market.
       (4) Congress recognizes an inconsistency in Federal law, 
     where a prohibited purchaser is prohibited from accessing 
     firearms at a gun store, but can easily procure a firearm at 
     a gun show, flea market, or through an Internet 
     advertisement.
       (5) Congress and the citizens of the United States agree 
     that in order to promote safe and responsible gun ownership, 
     violent criminals and the dangerously mentally ill should be 
     prohibited from possessing firearms and therefore, it should 
     be incumbent upon Congress to empower law abiding citizens to 
     prevent the transfer of weapons to such people.
       (6) There are deficits in the background check system in 
     existence prior to the date of enactment of this Act and the 
     Department of Justice should make it a top priority to work 
     with States to swiftly input missing records, including 
     mental health records.

     SEC. 3. RULE OF CONSTRUCTION.

       Nothing in this Act, or any amendment made by this Act, 
     shall be construed to--
       (1) expand in any way the enforcement authority or 
     jurisdiction of the Bureau of Alcohol, Tobacco, Firearms, and 
     Explosives;
       (2) allow the establishment, directly or indirectly, of a 
     Federal firearms registry; or
       (3) infringe on the right of law-abiding citizens to keep 
     and bear arms as explicitly guaranteed by the Second 
     Amendment to the Constitution of the United States, which 
     every Member of Congress has taken an oath to support and 
     defend.

     TITLE I--CONSOLIDATING FEDERAL PROGRAMS AND ENSURING THAT ALL 
 INDIVIDUALS WHO SHOULD BE PROHIBITED FROM BUYING A GUN ARE LISTED IN 
         THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM

     SEC. 101. REAUTHORIZATION OF THE NATIONAL CRIMINAL HISTORY 
                   RECORDS IMPROVEMENT PROGRAM.

       Section 106(b)(2) of Public Law 103-159 (18 U.S.C. 922 
     note) is amended by striking ``a total of $200,000,000 for 
     fiscal year 1994 and all fiscal years thereafter'' and 
     inserting ``$25,000,000 for each of fiscal years 2014 through 
     2017''.

     SEC. 102. IMPROVEMENT OF METRICS AND INCENTIVES.

       (a) In General.--Section 102(b) of the NICS Improvement 
     Amendments Act of 2007 (18 U.S.C. 922 note) is amended to 
     read as follows:
       ``(b) Implementation Plan.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Gun Rights and Safety Act of 2013, States 
     and Indian tribal government, in coordination with the 
     Attorney General, may establish for each State or Indian 
     tribal government desiring a grant under section 103 a 4-year 
     implementation plan to ensure maximum coordination and 
     automation of the reporting of records or making records 
     available to the National Instant Criminal Background Check 
     System.
       ``(2) Benchmark requirements.--Each 4-year plan established 
     under paragraph (1) shall include annual benchmarks, 
     including both qualitative goals and quantitative measures, 
     to assess implementation of the 4-year plan.
       ``(3) Penalties for non-compliance.--
       ``(A) In general.--During the 4-year period covered by a 4-
     year plan established under paragraph (1), the Attorney 
     General shall withhold--
       ``(i) 10 percent of the amount that would otherwise be 
     allocated to a State under section 505 of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the 
     State does not meet the benchmark established under paragraph 
     (2) for the first year in the 4-year period;
       ``(ii) 11 percent of the amount that would otherwise be 
     allocated to a State under section 505 of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the 
     State does not meet the benchmark established under paragraph 
     (2) for the second year in the 4-year period;
       ``(iii) 13 percent of the amount that would otherwise be 
     allocated to a State under section 505 of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the 
     State does not meet the benchmark established under paragraph 
     (2) for the third year in the 4-year period; and
       ``(iv) 15 percent of the amount that would otherwise be 
     allocated to a State under section 505 of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the 
     State does not meet the benchmark established under paragraph 
     (2) for the fourth year in the 4-year period.
       ``(B) Failure to establish a plan.--If a State fails to 
     establish a plan under paragraph (1)--
       ``(i) the Attorney General shall withhold 15 percent of the 
     amount that would otherwise be allocated to the State under 
     section 505 of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (42 U.S.C. 3755); and
       ``(ii) the State shall be ineligible to receive any grant 
     funds under section 106(b) of the Brady Handgun Violence 
     Prevention Act (18 U.S.C. 922 note) or under section 103 of 
     this Act.''.
       (b) Technical and Conforming Amendment.--Section 106(b)(1) 
     of Public Law 103-159 (18 U.S.C. 922 note) is amended by 
     inserting ``that has established an implementation plan under 
     section 102(b) of the NICS Improvement Amendments Act of 2007 
     (18 U.S.C. 922 note)'' after ``each State''.

     SEC. 103. GRANTS TO STATES FOR IMPROVEMENT OF COORDINATION 
                   AND AUTOMATION OF NICS RECORD REPORTING.

       (a) In General.--The NICS Improvement Amendments Act of 
     2007 (18 U.S.C. 922 note) is amended--
       (1) by striking section 103 and inserting the following:

[[Page 5404]]



     ``SEC. 103. GRANTS TO STATES FOR IMPROVEMENT OF COORDINATION 
                   AND AUTOMATION OF NICS RECORD REPORTING.

       ``(a) Authorization.--
       ``(1) In general.--From amounts made available to carry out 
     this section, the Attorney General shall make grants to 
     States, Indian Tribal governments, and State court systems, 
     in a manner consistent with the National Criminal History 
     Improvement Program and consistent with State plans for 
     integration, automation, and accessibility of criminal 
     history records, for use by the State, or units of local 
     government of the State, Indian Tribal government, or State 
     court system to improve the automation and transmittal of 
     mental health records and criminal history dispositions, 
     records relevant to determining whether a person has been 
     convicted of a misdemeanor crime of domestic violence, court 
     orders, and mental health adjudications or commitments to 
     Federal and State record repositories in accordance with 
     section 102 and the National Criminal History Improvement 
     Program.
       ``(2) Limitation on eligibility.--A State may not be 
     awarded a grant under paragraph (1) unless the State 
     establishes an implementation plan under section 102(b).
       ``(b) Use of Grant Amounts.--Grants awarded to States, 
     Indian Tribal governments, or State court systems under this 
     section may only be used to--
       ``(1) carry out, as necessary, assessments of the 
     capabilities of the courts of the State or Indian Tribal 
     government for the automation and transmission of arrest and 
     conviction records, court orders, and mental health 
     adjudications or commitments to Federal and State record 
     repositories;
       ``(2) implement policies, systems, and procedures for the 
     automation and transmission of arrest and conviction records, 
     court orders, and mental health adjudications or commitments 
     to Federal and State record repositories;
       ``(3) create electronic systems that provide accurate and 
     up-to-do information which is directly related to checks 
     under the National Instant Criminal Background Check System, 
     including court disposition and corrections records;
       ``(4) assist States or Indian Tribal governments in 
     establishing or enhancing their own capacities to perform 
     background checks using the National Instant Criminal 
     Background Check System; and
       ``(5) develop and maintain the relief from disabilities 
     program in accordance with section 105.
       ``(c) Eligibility.--
       ``(1) In general.--To be eligible for a grant under this 
     section, a State, Indian Tribal government, or State court 
     system shall certify, to the satisfaction of the Attorney 
     General, that the State, Indian Tribal government, or State 
     court system--
       ``(A) is not prohibited by State law or court order to 
     submit mental health records to the National Instant Criminal 
     Background Check System; and
       ``(B) subject to paragraph (2), has implemented a relief 
     from disabilities program in accordance with section 105.
       ``(2) Relief from disabilities program.--For purposes of 
     obtaining a grant under this section, a State, Indian Tribal 
     government, or State court system shall not be required to 
     meet the eligibility requirement described in paragraph 
     (1)(B) until the date that is 2 years after the date of 
     enactment of the Gun Rights and Safety Act of 2013.
       ``(d) Federal Share.--
       ``(1) Studies, assessments, non-material activities.--The 
     Federal share of a study, assessment, creation of a task 
     force, or other non-material activity, as determined by the 
     Attorney General, carried out with a grant under this section 
     shall be not more than 25 percent.
       ``(2) Infrastructure or system development.--The Federal 
     share of an activity involving infrastructure or system 
     development, including labor-related costs, for the purpose 
     of improving State or Indian Tribal government record 
     reporting to the National Instant Criminal Background Check 
     System carried out with a grant under this section may amount 
     to 100 percent of the cost of the activity.
       ``(e) Grants to Indian Tribes.--Up to 2 percent of the 
     grant funding available under this section may be reserved 
     for reservation-based Indian tribal governments for use by 
     Indian tribal judicial systems.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $25,000,000 for each of fiscal years 2014 through 2017.'';
       (2) by striking title III; and
       (3) in section 401(b), by inserting after ``of this Act'' 
     the following: ``and 18 months after the date of enactment of 
     the Gun Rights and Safety Act of 2013''.
       (b) Technical and Conforming Amendment.--The table of 
     sections in section 1(b) of the NICS Improvement Amendments 
     Act of 2007 (18 U.S.C. 922 note) is amended by striking the 
     item relating to section 103 and inserting the following:

``Sec. 103. Grants to States for improvement of coordination and 
              automation of NICS record reporting.''.

     SEC. 104. RELIEF FROM DISABILITIES PROGRAM.

       Section 105 of the NICS Improvement Amendments Act of 2007 
     (18 U.S.C. 922 note) is amended by adding at the end the 
     following:
       ``(c) Penalties for Non-compliance.--
       ``(1) 10 percent reduction.--During the 1-year period 
     beginning 1 year after the date of enactment of the Gun 
     Rights and Safety Act of 2013, the Attorney General shall 
     withhold 10 percent of the amount that would otherwise be 
     allocated to a State under section 505 of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the 
     State has not implemented a relief from disabilities program 
     in accordance with this section.
       ``(2) 11 percent reduction.--During the 1-year period after 
     the expiration of the period described in paragraph (1), the 
     Attorney General shall withhold 11 percent of the amount that 
     would otherwise be allocated to a State under section 505 of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3755) if the State has not implemented a relief from 
     disabilities program in accordance with this section.
       ``(3) 13 percent reduction.--During the 1-year period after 
     the expiration of the period described in paragraph (2), the 
     Attorney General shall withhold 13 percent of the amount that 
     would otherwise be allocated to a State under section 505 of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3755) if the State has not implemented a relief from 
     disabilities program in accordance with this section.
       ``(4) 15 percent reduction.--After the expiration of the 1-
     year period described in paragraph (3), the Attorney General 
     shall withhold 15 percent of the amount that would otherwise 
     be allocated to a State under section 505 of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) 
     if the State has not implemented a relief from disabilities 
     program in accordance with this section.''.

     SEC. 105. 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 new 
     section:

     ``Sec. 5511. Conditions for treatment of certain persons as 
       adjudicated mentally incompetent for certain purposes

       ``(a) In General.--In any case arising out of the 
     administration by the Secretary of laws and benefits under 
     this title, a person who is determined by the Secretary to be 
     mentally incompetent shall not be considered adjudicated 
     pursuant to subsection (d)(4) or (g)(4) of section 922 of 
     title 18, until--
       ``(1) in the case in which the person does not request a 
     review as described in subsection (c)(1), the end of the 30-
     day period beginning on the date on which the person receives 
     notice submitted under subsection (b); or
       ``(2) in the case in which the person requests a review as 
     described in paragraph (1) of subsection (c), upon an 
     assessment by the board designated or established under 
     paragraph (2) of such subsection or court of competent 
     jurisdiction that a person cannot safely use, carry, possess, 
     or store a firearm due to mental incompetency.
       ``(b) Notice.--Notice submitted under this subsection to a 
     person described in subsection (a) is notice submitted by the 
     Secretary that notifies the person of the following:
       ``(1) The determination made by the Secretary.
       ``(2) A description of the implications of being considered 
     adjudicated as a mental defective under subsection (d)(4) or 
     (g)(4) of section 922 of title 18.
       ``(3) The person's right to request a review under 
     subsection (c)(1).
       ``(c) Administrative Review.--(1) Not later than 30 days 
     after the date on which a person described in subsection (a) 
     receives notice submitted under subsection (b), such person 
     may request a review by the board designed or established 
     under paragraph (2) or a court of competent jurisdiction to 
     assess whether a person cannot safely use, carry, possess, or 
     store a firearm due to mental incompetency. In such 
     assessment, the board may consider the person's honorable 
     discharge or decoration.
       ``(2) Not later than 180 days after the date of enactment 
     of the Gun Rights and Safety Act of 2013, the Secretary shall 
     designate or establish a board that shall, upon request of a 
     person under paragraph (1), assess whether a person cannot 
     safely use, carry, possess, or store a firearm due to mental 
     incompetency.
       ``(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 paragraph (2).
       ``(e) Protecting Rights of Veterans With Existing 
     Records.--Not later than 90 days after the date of enactment 
     of the Gun Rights and Safety Act of 2013, the Secretary shall 
     provide written notice of the opportunity for administrative 
     review and appeal under subsection (c) to all persons who, on 
     the date of enactment of the Gun Rights and Safety Act of 
     2013, are considered adjudicated pursuant to subsection 
     (d)(4) or (g)(4) of section 922 of title 18 as a result of 
     having been found by the Department of Veterans Affairs to be 
     mentally incompetent.

[[Page 5405]]

       ``(f) Future Determinations.--
       ``(1) In general.--Not later than 180 days after the 
     enactment of the Gun Rights and Safety Act of 2013, the 
     Secretary shall review the policies and procedures by which 
     individuals are determined to be mentally incompetent, and 
     shall revise such policies and procedures as necessary to 
     ensure that any individual who is competent to manage his own 
     financial affairs, including his receipt of Federal benefits, 
     but who voluntarily turns over the management thereof to a 
     fiduciary is not considered adjudicated pursuant to 
     subsection (d)(4) or (g)(4) of section 922 of title 18.
       ``(2) Report.--Not later than 30 days after the Secretary 
     has made the review and changes required under paragraph (1), 
     the Secretary shall submit to Congress a report detailing the 
     results of the review and any resulting policy and procedural 
     changes.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 55 of such title is amended by adding at 
     the end the following new item:

``5511. Conditions for treatment of certain persons as adjudicated 
              mentally incompetent for certain purposes.''.

       (c) Applicability.--Section 5511 of title 38, United States 
     Code (as added by this section), shall apply only with 
     respect to persons who are determined by the Secretary of 
     Veterans Affairs, on or after the date of the enactment of 
     this Act, to be mentally incompetent, except that those 
     persons who are provided notice pursuant to section 5511(e) 
     of such title shall be entitled to use the administrative 
     review under section 5511(c) of such title and, as necessary, 
     the subsequent judicial review under section 5511(d) of such 
     title.

     SEC. 106. 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 subsection--
       ``(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.''.

     SEC. 107. PUBLICATION OF NICS INDEX STATISTICS.

       Not later than 180 days after the date of enactment of this 
     Act, and biannually thereafter, the Attorney General shall 
     make the National Instant Criminal Background Check System 
     index statistics available on a publically accessible 
     Internet website.

     SEC. 108. EFFECTIVE DATE.

       The amendments made by this title shall take effect 180 
     days after the date of enactment of this Act.

   TITLE II--EXPANDING NICS CHECKS FOR THE SAFE TRANSFER OF FIREARMS

     SEC. 201. PURPOSE.

       The purpose of this title is to extend check procedures 
     under the National Instant Criminal Background Check System 
     to promote the safe transfer of firearms in the secondary 
     market.

     SEC. 202. FIREARMS TRANSFERS.

       (a) In General.--Section 922 of title 18, United States 
     Code, is amended--
       (1) by repealing subsection (s);
       (2) by redesignating subsection (t) as subsection (s);
       (3) in subsection (s), as redesignated--
       (A) in paragraph (3)(C)(ii), by striking ``(as defined in 
     subsection (s)(8))''; and
       (B) by adding at the end the following:
       ``(7) In this subsection, the term `chief law enforcement 
     officer' means the chief of police, the sheriff, or an 
     equivalent officer or the designee of any such individual.
       ``(8) The Federal Bureau of Investigation shall not charge 
     a user fee for a background check conducted pursuant to this 
     subsection.''; and
       (4) by inserting after subsection (s), as redesignated, the 
     following:
       ``(t)(1) In this subsection, the term `covered transfer'--
       ``(A) means a transfer that the transferor, the transferee, 
     or both intends to be permanent, including a transfer by 
     sale, pledge, trade, gift, or consignment; and
       ``(B) does not include--
       ``(i) a transfer between spouses, between parents or 
     spouses of parents and their children or spouses of their 
     children, between siblings or spouses of siblings, or between 
     grandparents or spouses of grandparents and their 
     grandchildren or spouses of their grandchildren, or between 
     aunts or uncles or their spouses and their nieces or nephews 
     or their spouses, or between first cousins, if the transferor 
     does not know or have reasonable cause to believe that the 
     transferee is prohibited from receiving or possessing a 
     firearm under Federal, State, or local law;
       ``(ii) a transfer made from a decedent's estate by bequest, 
     intestate succession, or by operation of law; or
       ``(iii) a temporary transfer of a firearm, unless the 
     transferor knows or has reason to believe that the transferee 
     is prohibited from receiving or possessing a firearm under 
     Federal, State, or local law.
       ``(2) Beginning on the date that is 18 months after the 
     date of enactment of the Gun Rights and Safety Act of 2013 or 
     30 days after the date on which the consumer portal 
     established under paragraph (3) is operational, whichever is 
     later, it shall be unlawful for any person who is not 
     licensed under this chapter to make a covered transfer of a 
     firearm to any other person who is not licensed under this 
     chapter, unless--
       ``(A) the covered transfer is made after a licensed 
     importer, licensed manufacturer, or licensed dealer has first 
     taken possession of the firearm for the purpose of complying 
     with subsection (s), if upon taking possession of the 
     firearm, the licensee complies with all requirements of this 
     chapter as if the licensee were transferring the firearm from 
     the licensee's business inventory to the unlicensed 
     transferee;
       ``(B) the covered transfer is made in accordance with 
     regulations promulgated by the Attorney General under 
     paragraph (3) and after the unlicensed transferee has 
     undergone a background check;
       ``(C) the covered transfer is made--
       ``(i) after the transferee has presented to the transferor 
     a permit for transfer of a firearm that--
       ``(I) allows the transferee to possess, acquire, or carry a 
     firearm; and
       ``(II) was issued not more than 5 years earlier by the 
     State, or political subdivision thereof, in which the 
     transfer is to take place; and
       ``(ii) in a State in which the law of the State allows the 
     transferee to possess, acquire, or carry a firearm, if the 
     law of the State, or political subdivision of a State, that 
     issued the permit requires that such permit is issued only 
     after an authorized government official has verified that the 
     information available to such official does not indicate that 
     possession of a firearm by the unlicensed transferee would be 
     in violation of Federal, State, or local law; or
       ``(D) if the State in which the covered transfer takes 
     place has enacted legislation that requires an unlicensed 
     transferor to comply with subsection (s) before the transfer 
     takes place to assure the unlicensed transferee is not 
     prohibited from receiving or possessing a firearm--
       ``(i) the covered transfer is made between an unlicensed 
     transferor and an unlicensed transferee who reside in the 
     same State, and takes place in such State; or
       ``(ii) if the unlicensed transferor and the unlicensed 
     transferee reside in different States and the States have 
     entered into a reciprocal agreement, the covered transfer 
     takes place in either of such States.
       ``(3)(A) Not later than 2 years after the date of enactment 
     of the Gun Rights and Safety Act of 2013, the Attorney 
     General shall, using competitive bidding practices, authorize 
     the establishment of an Internet-based, consumer portal that 
     will allow a person who is not licensed under this chapter to 
     run a self-background check using the National Instant 
     Criminal Background Check System for the purpose of 
     conducting a covered transfer under this subsection.
       ``(B) In authorizing the establishment of the consumer 
     portal required under subparagraph (A), the Attorney General 
     shall ensure that--
       ``(i) the consumer portal may be accessed through an 
     Internet website, mobile application, or other means 
     determined appropriate by the Attorney General;
       ``(ii) an unlicensed transferee who completes a background 
     check using the consumer portal and would not be in violation 
     of subsection (g) or (n) of section 922 or of State law by 
     receiving a firearm shall be provided a temporary permit, 
     valid for a 30-day period beginning on the date on which the 
     background check is completed, that--
       ``(I) signifies that the unlicensed transferee is not 
     prohibited from legally purchasing or possessing a firearm; 
     and
       ``(II) may be used, during the 30-day period, by the 
     unlicensed transferee for a covered transfer of a firearm 
     under this subsection, in compliance with any applicable 
     State or Federal law;
       ``(iii) the temporary permit described in clause (ii) 
     shall--
       ``(I) be made available to the unlicensed transferee as an 
     electronic printable document and be accessible through an 
     Internet website, mobile application, or other means 
     determined appropriate by the Attorney General; and
       ``(II) contain--
       ``(aa) the name of the unlicensed transferee;
       ``(bb) the date of expiration of the permit;
       ``(cc) a unique pin number that can be used to verify the 
     validity of the permit by the unlicensed transferor of a 
     firearm; and
       ``(dd) any other protections necessary to prevent fraud;
       ``(iv) the consumer portal be designed in a manner that 
     allows for maximum privacy and security protections so that a 
     user of the consumer portal may only run a self-background 
     check and not run a background check on any other person;
       ``(v) any personally identifiable information obtained by 
     the consumer portal from an individual, including names, 
     physical locations, mailing addresses, Internet protocol

[[Page 5406]]

     addresses, and other unique identifiers, shall be destroyed 
     within 24 hours from the time at which the information was 
     obtained, except for--
       ``(I) information required for the unlicensed transferor to 
     verify the validity of the permit, including--
       ``(aa) the unique serial number assigned to a temporary 
     permit; and
       ``(bb) the date of birth associated with the unique serial 
     number; and
       ``(II) any record of a person who--
       ``(aa) attempts to complete a background check; and
       ``(bb) would be in violation of subsection (g) or (n) of 
     section 922 if the person received or possessed a firearm; 
     and
       ``(vi) any information described in clause (v)(I) shall be 
     destroyed at the end of the 30-day period described in clause 
     (ii).
       ``(4)(A) Notwithstanding any other provision of this 
     chapter, except for section 923(m), the Attorney General may 
     implement this subsection with regulations.
       ``(B) Regulations promulgated under this paragraph may not 
     include any provision requiring licensees to facilitate 
     transfers in accordance with paragraph (2)(A).
       ``(C) Regulations promulgated under this paragraph may not 
     include any provision requiring persons not licensed under 
     this chapter to keep records of background checks or firearms 
     transfers.
       ``(D) Regulations promulgated under this paragraph may not 
     include any provision placing a cap on the fee licensees may 
     charge to facilitate transfers in accordance with paragraphs 
     (2)(A).
       ``(5) No department, agency, officer, or employee of the 
     United States may--
       ``(A) require that any record or portion thereof generated 
     by a consumer portal be recorded at or transferred to a 
     facility owned, managed, or controlled by the United States 
     or any State or political subdivision thereof; or
       ``(B) use a consumer portal to establish any system for the 
     registration of firearms, firearm owners, or firearm 
     transactions or dispositions, except with respect to persons, 
     prohibited by section 922 (g) or (n) of title 18, United 
     States Code or State law, from receiving a firearm.
       ``(6) The Attorney General shall establish, and make 
     available to the public, a sample form, which may be used, on 
     a voluntary basis, by a transferor to document information 
     relating to each firearm transfer conducted by the 
     transferor, for the purpose of assisting law enforcement 
     officers during a criminal investigation.
       ``(7)(A) If the consumer portal established under this 
     subsection is shut down for a period of more than 7 days, 
     this subsection shall have no force or effect during the 
     period for which the consumer portal is non-operational.
       ``(B) If the consumer portal established under this 
     subsection is ever permanently shut down or defunded, this 
     subsection shall have no force or effect beginning on the 
     date on which the consumer portal is non-operational.
       ``(8)(A) Subject to subparagraph (B), paragraph (2) shall 
     not apply to a covered transfer described in subparagraph (D) 
     in a State that has enacted legislation that--
       ``(i) establishes requirements for background checks for 
     covered transfers described in subparagraph (D) that are 
     similar to the requirements described in this subsection; and
       ``(ii) allows for the State to have primary enforcement 
     authority of covered transfers described in subparagraph (D) 
     occurring within the State.
       ``(B) If the Attorney General determines that legislation 
     enacted by a State does not establish requirements for 
     background checks for covered transfers described in 
     subparagraph (D) that are similar to the requirements 
     described in this subsection--
       ``(i) the Attorney General shall notify the State of the 
     determination; and
       ``(ii) beginning on the date that is 1 year after the date 
     on which the Attorney General notifies the State under clause 
     (i), paragraph (2) shall apply to a covered transfer in the 
     State unless the State has enacted legislation that 
     establishes requirements for background checks for covered 
     transfers that are, in the determination of the Attorney 
     General, similar to the requirements described in this 
     subsection.
       ``(C) In establishing requirements that are similar to the 
     requirements under this subsection, a State--
       ``(i) may allow for geographic or technological exemptions 
     for rural areas within the State that are remote and lack the 
     technological capabilities needed to access the consumer 
     portal; and
       ``(ii) may impose penalties for violations of the 
     requirements established by the State that are stronger than 
     the penalties imposed under this chapter for violations of 
     the requirements under this subsection.
       ``(D) A covered transfer described in this subparagraph is 
     a covered transfer between an unlicensed transferor and an 
     unlicensed transferee that occurs--
       ``(i) at any venue where firearms transactions take place 
     or where firearms transferors or transferees are brought 
     together, including at a gun show or event, or on the 
     curtilage thereof; or
       ``(ii) pursuant to an advertisement, posting, display, or 
     other public listing on the Internet, in a publication, at a 
     forum, or in any manner accessible to the general public by 
     the transferor of his intent to transfer, or the transferee 
     of his intent to acquire, the firearm.''.
       (b) Accountability.--
       (1) In general.--
       (A) Audits of background checks conducted for licensee 
     sales.--Not later than 90 days after the date of enactment of 
     this Act, and every 90 days thereafter until the date on 
     which the Inspector General of the Department of Justice 
     begins conducting audits under subparagraph (B), the 
     Inspector General of the Department of Justice shall conduct 
     an audit of the process of background checks conducted for 
     the purposes of a transfer of a firearm under subsection (s) 
     of section 922 of title 18, United States Code, as 
     redesignated by subsection (a)(2) of this section, to--
       (i) prevent waste, fraud, and abuse of the background check 
     system; and
       (ii) ensure compliance with the requirement to destroy 
     certain information within 24 hours under section 511 of 
     title V of division B of the Consolidated and Further 
     Continuing Appropriations Act, 2012 (18 U.S.C. 922 note).
       (B) Audits of all background checks.--Not later than 90 
     days after the date on which the prohibition under subsection 
     (t)(2) of section 922 of title 18, United States Code, (as 
     added by subsection (a)(4) of this section) takes effect, and 
     every 90 days thereafter, the Inspector General of the 
     Department of Justice shall conduct an audit of the process 
     of background checks conducted for the purposes of a transfer 
     of a firearm under subsection (s) or (t) of section 922 of 
     title 18, United States Code, as amended by subsection (a) of 
     this section, to--
       (i) prevent waste, fraud, and abuse of the background check 
     system; and
       (ii) ensure compliance with the requirement to destroy 
     certain information within 24 hours under--

       (I) section 922(t)(3)(B)(v) of title 18, United States 
     Code; and
       (II) section 511 of title V of division B of the 
     Consolidated and Further Continuing Appropriations Act, 2012 
     (18 U.S.C. 922 note).

       (2) Report to congress.--The Inspector General of the 
     Department of Justice shall--
       (A) submit a report describing the results of each audit 
     conducted under this paragraph to the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives; and
       (B) publish each report submitted under subparagraph (A) on 
     the homepage of the official public website of the Department 
     of Justice.
       (c) Penalties.--Section 924(a)(5) of title 18, United 
     States Code, is amended--
       (1) by inserting ``(A)'' after ``(5)'';
       (2) by striking ``or (t)''; and
       (3) by adding at the end the following:
       ``(B) Whoever knowingly violates subsection (t) of section 
     922--
       ``(i) shall be fined not more than $1,000; and
       ``(ii) in the case of a second or subsequent violation, 
     shall be fined under this title, imprisoned not more than 3 
     years, or both.
       ``(C) Whoever knowingly uses the consumer portal 
     established under paragraph (3) of section 922(t) for any 
     purpose other than the purpose described in subparagraph 
     (B)(iv) of such paragraph shall be fined under this title, 
     imprisoned not more than 1 year, or both.''.
       (d) Technical and Conforming Amendment.--
       (1) Section 922.--Section 922(y)(2) of title 18, United 
     States Code, is amended, in the matter preceding subparagraph 
     (A), by striking ``, (g)(5)(B), and (s)(3)(B)(v)(II)'' and 
     inserting ``and (g)(5)(B)''.
       (2) Consolidated and further continuing appropriations act, 
     2012.--Section 511 of title V of division B of the 
     Consolidated and Further Continuing Appropriations Act, 2012 
     (18 U.S.C. 922 note) is amended by striking ``subsection 
     922(t)'' and inserting ``section 922(s)'' each place it 
     appears.
       (e) Sunset.--Effective on the date that is 5 years after 
     the effective date of the amendments made by this section--
       (1) this section is repealed;
       (2) each provision of law amended by this section is 
     amended to read as such provision read on the day before the 
     effective date of the amendments made by this section; and
       (3) section 923(m) of title 18, United States Code, as 
     added by section 203(a) of this Act, is amended to read as 
     follows:
       ``(m) The Attorney General and any department or agency of 
     the United States may not consolidate or centralize the 
     records of the--
       ``(1) acquisition or disposition of firearms, or any 
     portion thereof, maintained by a person licensed under this 
     chapter; or
       ``(2) possession or ownership of a firearm, maintained by 
     any medical or health insurance entity.''.

     SEC. 203. PROHIBITION ON NATIONAL GUN REGISTRY; LIMITATION ON 
                   AUTHORIZATION TO SEIZE, COPY, OR REPRODUCE 
                   RECORDS AND DOCUMENTS.

       (a) Prohibition of National Gun Registry.--Section 923 of 
     title 18, United States Code, is amended by adding at the end 
     the following:
       ``(m) The Attorney General and any department or agency of 
     the United States

[[Page 5407]]

     may not consolidate or centralize the records of the--
       ``(1) acquisition or disposition of firearms, or any 
     portion thereof, maintained by--
       ``(A) a person licensed under this chapter;
       ``(B) an unlicensed transferor under section 922(t); or
       ``(2) possession or ownership of a firearm, maintained by 
     any medical or health insurance entity.''.
       (b) Penalty.--Section 924 of title 18, United States Code, 
     as amended by section 202(c) of this Act, is amended by 
     adding at the end the following:
       ``(q) Improper Use of Storage of Records.--Any person who 
     knowingly violates section 923(m) shall be fined under this 
     title, imprisoned not more than 15 years, or both.''.
       (c) Limitation on Authorization to Seize, Copy, or 
     Reproduce Records and Documents.--Section 923 of title 18, 
     United States Code, as amended by section 202(b) of this Act, 
     is amended by adding at the end the following:
       ``(n)(1) An officer of the Bureau of Alcohol, Tobacco, 
     Firearms, and Explosive may only seize, copy, or reproduce a 
     record or document of a person licensed under this chapter, 
     an unlicensed transferor of a firearm, or an unlicensed 
     transferee of a firearm if the record or document--
       ``(A) constitutes material evidence of a violation of law; 
     or
       ``(B) is necessary in the conduct of a bona fide criminal 
     investigation.
       ``(2) If any officer of the Bureau of Alcohol, Tobacco, 
     Firearms, and Explosives violates paragraph (1), the Attorney 
     General--
       ``(A) shall impose a civil penalty of $1,000 on the officer 
     for a first violation; and
       ``(B) shall terminate the officer for a second violation.
       ``(3)(A) It shall be unlawful for any person who is an 
     officer of the Bureau of Alcohol, Tobacco, Firearms, and 
     Explosives to violate paragraph (1).
       ``(B) Any person who violates subparagraph (A)--
       ``(i) for a first offense, shall be fined $1,000; and
       ``(ii) for a subsequent offense, shall be fined under this 
     title, imprisoned for not less than 1 year, or both.''.

     SEC. 204. AUTHORITY TO CONDUCT INTERSTATE FIREARMS 
                   TRANSACTIONS.

       (a) Firearms Dispositions.--Section 922(b)(3) of title 18, 
     United States Code, is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``located'' and inserting ``located or temporarily located''; 
     and
       (2) in subparagraph (A)--
       (A) by striking ``rifle or shotgun'' and inserting 
     ``firearm'';
       (B) by striking ``located'' and inserting ``located or 
     temporarily located''; and
       (C) by striking ``both such States'' and inserting ``the 
     State in which the transfer is conducted and the State of 
     residence of the transferee''.
       (b) Dealer Location.--Section 923 of title 18, United 
     States code, as amended by section 203(a) of this Act, is 
     amended--
       (1) in subsection (j)--
       (A) in the first sentence, by striking ``, and such 
     location is in the State which is specified on the license''; 
     and
       (B) in the last sentence--
       (i) by inserting ``transfer,'' after ``sell,''; and
       (ii) by striking all that follows ``Act'' and inserting a 
     period; and
       (2) by adding at the end the following:
       ``(o) Nothing in this chapter shall be construed to 
     prohibit the sale, transfer, delivery, or other disposition 
     of a firearm or ammunition--
       ``(1) by a person licensed under this chapter to another 
     person so licensed, at any location in any State; or
       ``(2) by a licensed importer, licensed manufacturer, or 
     licensed dealer to a person not licensed under this chapter, 
     at a temporary location described in subsection (j) in any 
     State.''.
       (c) Residence of United States Officers.--Section 921 of 
     title 18, United States Code, is amended by striking 
     subsection (b) and inserting the following:
       ``(b) For purposes of this chapter:
       ``(1) A member of the Armed Forces on active duty, or a 
     spouse of such member, is a resident of--
       ``(A) the State in which the person maintains legal 
     residence;
       ``(B) the State in which the permanent duty station of the 
     member is located; and
       ``(C) the State in which the member maintains a place of 
     abode from which the member commutes each day to the 
     permanent duty station.
       ``(2) An officer or employee of the United States (other 
     than a member of the Armed Forces) stationed outside the 
     United States for a period exceeding one year is a resident 
     of the State in which the officer or employee maintains legal 
     residence.''.

     SEC. 205. CONSOLIDATING UNNECESSARY DUPLICATIVE AND 
                   OVERLAPPING DOJ PROGRAMS.

       (a) In General.--Notwithstanding any other provision of 
     law, not later than 150 days after the date of enactment of 
     this Act, the Director of the Office of Management and Budget 
     and the Attorney General shall coordinate with the heads of 
     the relevant offices of the Department of Justice to--
       (1) use available administrative authority to eliminate, 
     consolidate, or streamline the more than 250 grant programs 
     with duplicative and overlapping missions identified in the 
     July 2012 Government Accountability Office report to Congress 
     entitled ``Justice Grant Programs: DOJ Should Do More to 
     Reduce the Risk of Unnecessary Duplication and Enhance 
     Program Assessment'' (GAO-12-517); and
       (2) determine the total cost savings that shall result to 
     each agency, office, and department from the actions 
     described in paragraph (1).
       (b) Report.--Notwithstanding any other provision of law, 
     not later than 200 days after the date of enactment of this 
     Act, the Director of the Office of Management and Budget and 
     the Attorney General shall coordinate with the heads of the 
     relevant offices of the Department of Justice, and submit a 
     report to the Congress detailing--
       (1) any actions taken under subsection (a)(1); and
       (2) the findings determined under subsection (a)(2).
       (c) Rescission of Funds.--
       (1) In general.--Notwithstanding any other provision of 
     law, $200,000,000 is hereby rescinded from discretionary 
     unobligated balances within the Department of Justice that 
     are not designated as emergency or overseas contingency 
     operations. The Director of the Office of Management and 
     Budget shall determine and identify from which appropriation 
     accounts the rescission shall apply and the amount of such 
     rescission that shall apply to each such account.
       (2) Report.--Not later than 60 days after the date of the 
     enactment of this Act, the Director of the Office of 
     Management and Budget shall submit a report to the Congress 
     of the accounts and amounts determined and identified for 
     rescission under paragraph (1).

     SEC. 206. INSPECTOR GENERAL REPORT.

       (a) Initial Report.--Not later than 1 year after the date 
     on which the consumer portal established under section 
     922(t)(3) of title 18, United States Code, as amended by 
     section 202 of this Act, becomes operational, the Inspector 
     General for the Department of Justice shall submit to 
     Congress a report on the effectiveness of the consumer 
     portal, which shall--
       (1) take into account feedback from transferors, 
     transferees, and government officials; and
       (2) include recommendations to improve--
       (A) the effectiveness of the consumer portal; and
       (B) the ease of using the consumer portal.
       (b) Updated Report.--Not later than 1 year after the date 
     on which the Inspector General of the Department of Justice 
     submits the report required under subsection (a), the 
     Inspector General shall submit to Congress an updated version 
     of the report required in subsection (a), including any 
     additional analysis or recommendations.

     SEC. 207. AMENDMENT TO SECTION 923(G)(5).

       Section 923(g)(5) of title 18, United States Code, is 
     amended by adding at the end the following:
       ``(C) The Attorney General may not issue a letter pursuant 
     to this paragraph unless the letter is issued--
       ``(i) during the course of a bona fide criminal 
     investigation of a person other than the licensee;
       ``(ii) to determine the disposition of 1 or more particular 
     firearms during the course of a bona fide criminal 
     investigation; or
       ``(iii) to request the total number of rifles, shotguns, 
     pistols, revolvers, and other firearms manufactured in, or 
     exported from, the United States by the licensee.''.

     SEC. 208. EFFECTIVE DATE.

       The amendments made by this title shall take effect 180 
     days after the date of enactment of this Act.
                                 ______
                                 
  SA 728. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 649, to ensure that all individuals who should be 
prohibited from buying a firearm are listed in the national instant 
criminal background check system and require a background check for 
every firearm sale, and for other purposes; which was ordered to lie on 
the table; as follows:

         At the appropriate place, insert the following:

     SEC. __. LIMITATION AND USE OF FUNDS BY THE SECRETARY OF 
                   HEALTH AND HUMAN SERVICES.

         The Secretary of Health and Human Services--
         (1) shall not use Federal funds to collect information on 
     lawful gun owners for purposes of maintaining such 
     information in any data base;
         (2) shall not use Federal funds to conduct research on 
     the demographic profile of lawful gun owners;
         (3) shall not require vendors of the Department of Health 
     and Human Services or health care providers to include in any 
     electronic records maintained under the HITECH Act (Public 
     Law 111-5), or any amendment made by that Act, data 
     concerning whether a patient lawfully or safely owns or 
     stores a gun or ammunition at home; and

[[Page 5408]]

         (4) shall, not less than annually, publicly disclose to 
     Congress to what degree any Federal funds may be used for 
     data collection and analysis regarding the mental health 
     characteristics of individuals guilty of the unlawful 
     ownership, possession, or use of a firearm or ammunition.
                                 ______
                                 
  SA 729. Mr. WHITEHOUSE submitted an amendment intended to be proposed 
by him to the bill S. 649, to ensure that all individuals who should be 
prohibited from buying a firearm are listed in the national instant 
criminal background check system and require a background check for 
every firearm sale, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end, add the following:

 TITLE IV--ADOPTION AND MEANINGFUL USE OF CERTIFIED EHR TECHNOLOGY BY 
                        MENTAL HEALTH PROVIDERS

     SECTION 401. SHORT TITLE.

       This title may be cited as the ``Integrating Mental Health 
     Through Technology Act of 2013''.

     SEC. 402. MEDICARE AND MEDICAID PILOT PROGRAMS FOR THE 
                   ADOPTION AND MEANINGFUL USE OF CERTIFIED EHR 
                   TECHNOLOGY.

       (a) Definitions.--In this section:
       (1) Certified ehr technology.--The term ``certified EHR 
     technology'' has the meaning given that term in section 
     1848(o)(4) of the Social Security Act (42 U.S.C. 1395w-
     4(o)(4)).
       (2) HIT policy committee.--The term ``HIT Policy 
     Committee'' means such Committee established under section 
     3002(a) of the Public Health Service Act (42 U.S.C. 300jj-
     12(a)).
       (3) National coordinator.--The term ``National 
     Coordinator'' means the head of the Office of the National 
     Coordinator for Health Information Technology established 
     under section 3001(a) of the Public Health Service Act (42 
     U.S.C. 300jj-11(a)).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services, acting through the 
     Administrator of the Centers for Medicare & Medicaid 
     Services.
       (b) Medicare Pilot Program.--
       (1) Establishment.--
       (A) In general.--The Secretary shall establish a pilot 
     program under title XVIII of the Social Security Act (42 
     U.S.C. 1395 et seq.) under which incentive payments are made 
     to eligible professionals and eligible hospitals for the 
     adoption and meaningful use of certified EHR technology.
       (B) Definition of eligible hospital and eligible 
     professional.--In this subsection:
       (i) Eligible hospital.--The term ``eligible hospital'' 
     means a psychiatric hospital (as defined in section 1861(f) 
     of the Social Security Act (42 U.S.C. 1395x(f))) that 
     furnishes inpatient hospital services.
       (ii) Eligible professional.--The term ``eligible 
     professional'' means a clinical psychologist providing 
     qualified psychologist services (as defined in section 
     1861(ii) of such Act (42 U.S.C. 1395x(ii))).
       (2) Duration.--The pilot program under this subsection 
     shall be conducted for a period of 3 years.
       (3) Requirements.--
       (A) Adoption and meaningful use.--For purposes of making 
     incentive payments to eligible professionals and eligible 
     hospitals under the pilot program under this subsection, the 
     Secretary shall establish standards for determining adoption 
     and meaningful use that are comparable to the requirements 
     under sections 1848(o)(2) and 1886(n)(3) of the Social 
     Security Act (42 U.S.C. 1395w-4(o)(2), 1395ww(n)(3)).
       (B) Incentive payments.--Any incentive payments made to 
     eligible professionals and eligible hospitals under the pilot 
     program under this subsection shall be comparable to payment 
     amounts provided under sections 1848(o)(1) and 1886(n)(2) of 
     the Social Security Act (42 U.S.C. 1395w-4(o)(1), 
     1395ww(n)(2)).
       (4) Identifying pilot program participants.--For purposes 
     of selecting participants for the pilot program, the 
     Secretary shall give priority to areas of the United States 
     in which the Secretary determines eligible professionals 
     under section 1848(o) of the Social Security Act (42 U.S.C. 
     1395w-4(o)) and eligible hospitals under section 1886(n) of 
     such Act (42 U.S.C. 1395ww(n)) have already demonstrated high 
     rates of adoption and meaningful use of certified EHR 
     technology.
       (5) Non-application of payment adjustment.--For purposes of 
     section 1848(a)(7) of the Social Security Act (42 U.S.C. 
     1395w-4(a)(7)), no payment adjustment may be made under such 
     section in the case of any eligible professional or eligible 
     hospital that receives an incentive payment under this 
     subsection.
       (6) Waiver.--The Secretary may waive such provisions of 
     titles XI and XVIII of the Social Security Act as may be 
     necessary to carry out the pilot program under this 
     subsection.
       (7) Report.--Not later than 6 months after conclusion of 
     the pilot program, the National Coordinator shall submit to 
     the Secretary, the HIT Policy Committee, and the relevant 
     committees of Congress a report that includes--
       (A) an evaluation of the effectiveness of the pilot 
     program;
       (B) a description of best practices for the adoption and 
     meaningful use of certified EHR technology by participating 
     professionals and hospitals;
       (C) recommendations regarding whether the pilot program 
     should be expanded; and
       (D) recommendations for such legislation and administrative 
     action as the National Coordinator determines appropriate.
       (8) Authorization.--There are authorized to be appropriated 
     $40,000,000 for the period of fiscal years 2014 through 2016 
     to carry out the pilot program under this subsection, to 
     remain available for the duration of the pilot program.
       (c) Medicaid Pilot Program.--
       (1) Establishment.--
       (A) In general.--The Secretary shall establish a pilot 
     program under title XIX of the Social Security Act (42 U.S.C. 
     1396 et seq.) under which incentive payments are made to 
     eligible Medicaid providers in participating States for the 
     adoption and meaningful use of certified EHR technology.
       (B) Definition of eligible medicaid provider.--In this 
     subsection, the term ``eligible Medicaid provider'' means any 
     of the following:
       (i) A clinical psychologist providing qualified 
     psychologist services (as defined in section 1861(ii) of the 
     Social Security Act (42 U.S.C. 1395x(ii)), if such clinical 
     psychologist is practicing in an outpatient setting that--

       (I) is not otherwise receiving payment under paragraph (1) 
     of section 1903(t) of the Social Security Act (42 U.S.C. 
     1396b(t)) as a Medicaid provider described in paragraph 
     (2)(B) of such section; and
       (II) is described in clause (i), (ii), or (iii) of 
     paragraph (2)(A) of such section.

       (ii) A public hospital that is principally a psychiatric 
     hospital (as defined in section 1861(f) of the Social 
     Security Act).
       (iii) A private hospital that is principally a psychiatric 
     hospital (as defined in such section) and that has at least 
     10 percent of its patient volume (as estimated in accordance 
     with a methodology established by the Secretary) attributable 
     to individuals receiving medical assistance under title XIX 
     of such Act.
       (iv) A community mental health center (as described in 
     section 1913(b)(2) of the Public Health Service Act (42 
     U.S.C. 300x-2(b)(2))).
       (2) Duration.--The pilot program under this subsection 
     shall be conducted for a period of 3 years.
       (3) Requirements.--
       (A) Adoption and meaningful use.--The Secretary shall 
     establish standards for determining adoption and meaningful 
     use for purposes of making incentive payments to eligible 
     Medicaid providers under the pilot program under this 
     subsection that are comparable to the standards for adoption 
     and use of certified EHR technology under section 1903(t) of 
     the Social Security Act (42 U.S.C. 1396b(t)).
       (B) Incentive payments.--Any incentive payments made to 
     eligible Medicaid providers under the pilot program under 
     this subsection shall be comparable to payment amounts 
     provided under section 1903(t) of the Social Security Act (42 
     U.S.C. 1396b(t)).
       (4) Identifying pilot program participants.--For purposes 
     of selecting participants for the pilot program, the 
     Secretary shall give priority to States in which the 
     Secretary determines Medicaid providers under section 1903(t) 
     of the Social Security Act (42 U.S.C. 1396b(t)) have already 
     demonstrated high rates of adoption and meaningful use of 
     certified EHR technology.
       (5) Waiver.--The Secretary may waive such provisions of 
     titles XI and XIX of the Social Security Act as may be 
     necessary to carry out the pilot program under this 
     subsection.
       (6) Report.--Not later than 6 months after conclusion of 
     the pilot program, the National Coordinator shall submit to 
     the Secretary, the HIT Policy Committee, and the relevant 
     committees of Congress a report that includes--
       (A) an evaluation of the effectiveness of the pilot 
     program;
       (B) a description of best practices for the adoption and 
     meaningful use of certified EHR technology by participating 
     professionals and hospitals;
       (C) recommendations regarding whether the pilot program 
     should be expanded; and
       (D) recommendations for such legislation and administrative 
     action as the National Coordinator determines appropriate.
       (7) Authorization.--There are authorized to be appropriated 
     $40,000,000 for the period of fiscal years 2014 through 2016 
     to carry out the pilot program under this subsection, to 
     remain available for the duration of the pilot program.
                                 ______
                                 
  SA 730. Mr. HARKIN (for himself, Mr. Alexander, Mr. Franken, Ms. 
Murkowski, Mr. Bennet, Mr. Roberts, Ms. Baldwin, Ms. Ayotte, Mrs. 
Hagan, Mr. Murphy, Mr. Blumenthal, and Mr. Johanns) proposed an 
amendment to the bill S. 649, to ensure that all individuals who should 
be prohibited from buying a firearm are listed in the national instant 
criminal background check system and require a background check for 
every firearm sale, and for other purposes; as follows:


[[Page 5409]]

       At the appropriate place, insert the following:

          TITLE __--MENTAL HEALTH AND SUBSTANCE USE DISORDERS

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Mental Health Awareness 
     and Improvement Act of 2013''.

                     Subtitle A--Education Programs

     SEC. _11. SHORT TITLE.

       This subtitle may be cited as the ``Achievement Through 
     Prevention Act''.

     SEC. _12. PURPOSE.

       The purpose of this subtitle is to expand the use of 
     positive behavioral interventions and supports and early 
     intervening services in schools in order to improve student 
     academic achievement, reduce overidentification of 
     individuals with disabilities, and reduce disciplinary 
     problems in schools.

     SEC. _13. AMENDMENTS TO THE ELEMENTARY AND SECONDARY 
                   EDUCATION ACT OF 1965.

       (a) Title I State Plans.--Section 1111(b) of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6311(b)) is 
     amended by adding at the end the following:
       ``(11) Positive behavioral interventions and supports.--In 
     the case of a State that proposes to use funds under this 
     part to support positive behavioral interventions and 
     supports, the State plan shall describe how the State 
     educational agency will--
       ``(A) assist local educational agencies in implementing 
     positive behavioral interventions and supports in schools 
     served by the local educational agency on a whole-school 
     basis;
       ``(B) provide technical assistance and training to local 
     educational agencies to improve and support the development, 
     implementation, and coordination of comprehensive positive 
     behavioral interventions and supports carried out under this 
     Act with activities carried out under the Individuals with 
     Disabilities Education Act; and
       ``(C) evaluate the effects of providing positive behavioral 
     interventions and supports for all students, including 
     improvement of the learning environment, academic 
     achievement, disciplinary problems such as incidents of 
     suspensions, expulsions, referrals to law enforcement, and 
     other actions that remove students from instruction, and any 
     other effects the State chooses to evaluate.
       ``(12) Early intervening services.--In the case of a State 
     that proposes to use funds under this part to support early 
     intervening services, the State plan shall describe how the 
     State educational agency will--
       ``(A) assist local educational agencies in implementing 
     early intervening services in schools served by the local 
     educational agency to reduce the need to label children as 
     children with disabilities in order to address the learning 
     and behavioral needs of such children;
       ``(B) provide technical assistance and training to local 
     educational agencies to improve coordination of early 
     intervening services provided under this Act with early 
     intervening services carried out under the Individuals with 
     Disabilities Education Act; and
       ``(C) evaluate the effects of providing early intervening 
     services.
       ``(13) Crisis management plans.--In the case of a State 
     that proposes to use funds under this part to assist local 
     educational agencies in the State in periodically updating 
     the crisis management plans, as described in section 
     4114(d)(7)(D), of such local educational agencies, the State 
     plan shall describe how the State educational agency will 
     assist local educational agencies in updating such crisis 
     management plans.''.
       (b) Title I State Reports.--Section 1111(h)(1)(C) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311(h)(1)(C)) is amended--
       (1) in clause (vii), by striking ``and'' after the 
     semicolon;
       (2) in clause (viii), by striking the period and inserting 
     a semicolon; and
       (3) by adding at the end the following:
       ``(ix) the number of local educational agencies in the 
     State that implement positive behavioral interventions and 
     supports;
       ``(x) the number of students--

       ``(I) who are served through the use of early intervening 
     services; and
       ``(II) who, in the preceding 2-year period, received early 
     intervening services and who, after receiving such services, 
     have been identified as eligible for, and receive, special 
     education and related services under part B of the 
     Individuals with Disabilities Education Act; and

       ``(xi) the number of local educational agencies in the 
     State that implement school-based mental health programs.''.
       (c) Title I Local Educational Agency Plans.--Section 
     1112(b)(1) of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6312(b)(1)) is amended--
       (1) in subparagraph (P), by striking ``and'' after the 
     semicolon;
       (2) in subparagraph (Q), by striking the period and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(R) if the local educational agency proposes to use 
     subgrant funds under this part for positive behavioral 
     interventions and supports, a description of the actions the 
     local educational agency will take to provide positive 
     behavioral interventions and supports and coordinate those 
     activities with activities carried out under the Individuals 
     with Disabilities Education Act;
       ``(S) if the local educational agency proposes to use 
     subgrant funds under this part for early intervening 
     services, a description of the actions the local educational 
     agency will take to provide early intervening services and 
     coordinate those services with early intervening services 
     carried out under the Individuals with Disabilities Education 
     Act;
       ``(T) if the local educational agency proposes to use 
     subgrant funds under this part for school-based mental health 
     programs, a description of the actions the local educational 
     agency will take to provide school-based mental health 
     programs and coordinate those activities with activities 
     carried out under the Individuals with Disabilities Education 
     Act; and
       ``(U) if the local educational agency proposes to use 
     subgrant funds under this part for periodically updating the 
     crisis management plan of the local educational agency, as 
     described in section 4114(d)(7)(D), a description of the 
     actions the local educational agency will take to develop and 
     implement an updated crisis management plan.''.
       (d) Title I Schoolwide Programs.--
       (1) Schoolwide programs.--Section 1114(b)(1)(B)(iii)(I) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6314(b)(1)(B)(iii)(I)) is amended--
       (A) in item (aa), by striking ``and mentoring services'' 
     and inserting ``mentoring services, and school-based mental 
     health programs'';
       (B) by redesignating items (bb) and (cc) as items (dd) and 
     (ee), respectively; and
       (C) by inserting after item (aa) the following:

       ``(bb) implementation of schoolwide positive behavioral 
     interventions and supports, including through coordination 
     with activities carried out under the Individuals with 
     Disabilities Education Act, in order to improve academic 
     outcomes for students and reduce the need for suspensions, 
     expulsions, and other actions that remove students from 
     instruction;
       ``(cc) implementation of early intervening services, 
     including through coordination with early intervening 
     services carried out under the Individuals with Disabilities 
     Education Act;''.

       (2) Technical assistance.--Section 1116(b)(4)(B) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6316(b)(4)(B)) is amended--
       (A) by redesignating clauses (iii) and (iv) as clauses (iv) 
     and (v), respectively; and
       (B) by inserting after clause (ii) the following:
       ``(iii) shall include assistance in the implementation of 
     schoolwide positive behavioral interventions and supports, 
     school-based mental health programs, and other approaches 
     with evidence of effectiveness for improving the learning 
     environment in the school and reducing the need for 
     suspensions, expulsions, and other actions that remove 
     students from instruction, including effective strategies for 
     improving coordination of community resources;''.
       (e) Title I Assessments and School Improvement.--
       (1) School improvement plan.--Section 1116(b)(3)(A) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6316(b)(3)(A)) is amended--
       (A) in clause (ix), by striking ``and'' after the 
     semicolon;
       (B) in clause (x), by striking the period and inserting a 
     semicolon; and
       (C) by adding at the end the following:
       ``(xi) specify whether the local educational agency or the 
     school will adopt and implement policies or practices to 
     implement or improve positive behavioral interventions and 
     supports and enhance coordination with activities carried out 
     under the Individuals with Disabilities Education Act;
       ``(xii) specify whether the local educational agency or the 
     school will adopt and implement policies or practices to 
     implement or improve early intervening services and 
     coordinate with early intervening services carried out under 
     such Act; and
       ``(xiii) specify whether the local educational agency or 
     school will adopt and implement school-based mental health 
     programs and coordinate with programs carried out under such 
     Act.''.
       (2) Local educational agency improvement plans.--Section 
     1116(c)(10) of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6316(c)(10)) is amended--
       (A) in subparagraph (B), by striking ``subparagraph (E)'' 
     and inserting ``subparagraph (F)'';
       (B) by redesignating subparagraphs (D) through (F) as 
     subparagraphs (E) through (G), respectively; and
       (C) by inserting after subparagraph (C) the following:
       ``(D) Additional activities.--In addition to carrying out 1 
     or more of the corrective actions required under subparagraph 
     (C) for a local educational agency, the State educational 
     agency may also carry out 1 or more of the following 
     activities:
       ``(i) Improving or expanding positive behavioral 
     interventions and supports and enhancing coordination with 
     activities under the Individuals with Disabilities Education 
     Act.

[[Page 5410]]

       ``(ii) Improving or expanding early intervening services 
     and coordinating such services with early intervening 
     services carried out under the Individuals with Disabilities 
     Education Act.''.
       (f) Title I School Support and Recognition.--
       (1) Regional centers.--Section 1117(a)(3) of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6317(a)(3)) is 
     amended--
       (A) by striking ``of 2002 and comprehensive'' and inserting 
     ``of 2002, comprehensive'';
       (B) by striking ``and the comprehensive'' and inserting ``, 
     the comprehensive''; and
       (C) by inserting ``and any technical assistance center on 
     schoolwide positive behavioral interventions and supports 
     funded under section 665(b) of the Individuals with 
     Disabilities Education Act,'' after ``2002),''.
       (2) Statewide systems for support.--Section 1117(a)(5)(B) 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6317(a)(5)(B)) is amended--
       (A) in clause (i), by striking the semicolon at the end and 
     inserting the following: ``, including by improving or 
     expanding the use of positive behavioral interventions and 
     supports aligned with activities carried out under the 
     Individuals with Disabilities Education Act;'';
       (B) in clause (iii), by striking ``and'' after the 
     semicolon;
       (C) in clause (iv), by striking the period and inserting a 
     semicolon; and
       (D) by adding at the end the following:
       ``(v) review and analyze the school's efforts to identify 
     and assist students with poor academic achievement and 
     students who are children with disabilities, and assist the 
     school in developing or improving early intervening services 
     that are coordinated with activities carried out under the 
     Individuals with Disabilities Education Act;
       ``(vi) review and analyze the school's efforts to address 
     behavioral or disciplinary problems, and assist the school in 
     developing or improving schoolwide positive behavioral 
     interventions and supports that are coordinated with 
     activities carried out under the Individuals with 
     Disabilities Education Act;
       ``(vii) review the number of discipline incidents in the 
     school and use that information to assist the school to 
     implement schoolwide positive behavioral interventions and 
     supports or other early intervening services, or both; and
       ``(viii) review and analyze the school's efforts to address 
     mental health needs among students and assist the school in 
     developing or improving school-based mental health programs 
     that are coordinated with activities carried out under the 
     Individuals with Disabilities Education Act.''.
       (g) Title I Parental Involvement.--Section 1118(e) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6318(e)) is amended--
       (1) by redesignating paragraphs (6) through (14) as 
     paragraphs (7) through (15), respectively; and
       (2) by inserting after paragraph (5) the following:
       ``(6) shall provide information to school personnel, 
     students, and parents about the school's use of positive 
     behavioral interventions and supports, school-based mental 
     health programs, and the expectations of school personnel, 
     students, and parents in supporting a safe learning 
     environment for all students;''.
       (h) Prevention and Intervention Programs.--Section 
     1414(c)(8) of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6434(c)(8)) is amended by inserting ``, 
     including coordinating the use of positive behavioral 
     interventions and supports, early intervening services, and 
     school-based mental health programs to improve academic 
     achievement and reduce disciplinary actions'' before the 
     semicolon at the end.
       (i) Technical Assistance.--Section 1419 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6439) is 
     amended--
       (1) in paragraph (1), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (2), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(3) to provide technical assistance in implementing 
     positive behavioral interventions and supports, early 
     intervening services, and school-based mental health programs 
     in order to improve academic achievement and reduce 
     disciplinary actions.''.
       (j) Title II Mental Health Professional Development.--
     Section 2123 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6623) is amended--
       (1) in subsection (a), by inserting after paragraph (8) the 
     following:
       ``(9) Carrying out in-service training for school personnel 
     in--
       ``(A) the techniques and supports needed to identify 
     children with trauma histories, and children with, or at risk 
     of, mental illness, early;
       ``(B) the use of referral mechanisms that effectively link 
     such children to appropriate treatment and intervention 
     services in the school and in the community where 
     appropriate; and
       ``(C) forming partnerships between school-based mental 
     health programs and public or private mental health 
     organizations.'';
       (2) by redesignating subsection (b) as subsection (c); and
       (3) by inserting after subsection (a) the following:
       ``(b) Liability Protection for School Personnel.--Section 
     2366 shall apply to school personnel who received in-service 
     training under subsection (a)(9), and who are carrying out 
     activities related to such training, in the same manner as 
     such section applies to teachers.''.
       (k) School-based Mental Health Services Partnership 
     Programs.--Section 4121 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7131) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by inserting ``, 
     health (including mental health),'' after ``promote safety'';
       (B) by redesignating paragraphs (3) through (8) and (9) as 
     paragraphs (4) through (9) and (11), respectively;
       (C) by inserting after paragraph (2) the following:
       ``(3) the development and implementation of school-based 
     mental health services partnership programs under subsection 
     (c);'';
       (D) by striking paragraph (7), as redesignated by 
     subparagraph (B), and inserting the following:
       ``(7) assistance to school systems that have particularly 
     severe drug and violence problems or assistance to support 
     appropriate response efforts to crisis situations, 
     including--
       ``(A) hiring drug prevention and school safety 
     coordinators; and
       ``(B) making available to students mental health services, 
     conflict resolution programs, and other school-based violence 
     prevention strategies;'';
       (E) in paragraph (9), as redesignated by subparagraph (B), 
     by striking ``and'' after the semicolon; and
       (F) by inserting after such paragraph (9) the following:
       ``(10) assistance to States to help local educational 
     agencies develop and implement comprehensive emergency 
     management plans; and''; and
       (2) by adding at the end the following:
       ``(c) School-based Mental Health Services Partnership 
     Programs.--
       ``(1) In general.--Each grant, contract, or cooperative 
     agreement awarded or entered into under subsection (a)(3) 
     shall meet the requirements of this subsection.
       ``(2) Eligibility.--
       ``(A) In general.--To be eligible to receive a grant, 
     contract, or cooperative agreement under this subsection, a 
     local educational agency shall enter into a school-based 
     mental health partnership that--
       ``(i) shall include a public or private mental health 
     entity or health care entity; and
       ``(ii) may include a child welfare agency, family-based 
     mental health entity, family organization, trauma network, or 
     other community-based entity.
       ``(B) Flexibility for certain local educational agencies.--
     Notwithstanding subparagraph (A), a local educational agency 
     that is eligible for services under subpart 1 or 2 of part B 
     of title VI, as determined by the Secretary, and that is 
     unable to partner with a public or private mental health 
     entity or health care entity shall be eligible for a grant 
     under this subsection if the local educational agency can 
     demonstrate to the Secretary, in its application for a grant 
     under this subsection, that the local educational agency can 
     otherwise build the capacity to carry out the requirements of 
     this subsection.
       ``(3) Application.--A local educational agency that desires 
     a grant, contract, or cooperative agreement under this 
     subsection shall include, in the application required by the 
     Secretary, a description of how the local educational agency 
     will--
       ``(A) assist schools served by the local educational agency 
     to provide, through the school-based mental health services 
     partnership program, comprehensive school-based mental health 
     services and supports and comprehensive staff development for 
     school and community service personnel working in the school;
       ``(B) provide technical assistance and training to improve 
     and support the development, implementation, and coordination 
     of school-based mental health programs and ensure such 
     programs are coordinated with activities carried out under 
     the Individuals with Disabilities Education Act; and
       ``(C) evaluate the effects of providing school-based mental 
     health programs.
       ``(4) Use of funds.--A local educational agency receiving a 
     grant, contract, or cooperative agreement under this 
     subsection shall use funds provided under such grant, 
     contract, or cooperative agreement to provide school-based 
     mental health services and supports that--
       ``(A) may include--
       ``(i) the early identification of social, emotional, or 
     behavioral problems, or substance use disorders, and the 
     provision of early intervening services;
       ``(ii) not withstanding section 4154, the treatment or 
     referral for treatment of students with social, emotional, or 
     behavioral health problems, or substance use disorders;
       ``(iii) the development and implementation of programs to 
     assist children in dealing with trauma and violence; and

[[Page 5411]]

       ``(iv) the development of mechanisms, based on best 
     practices, for children to report incidents of violence or 
     plans by other children or adults to commit violence;
       ``(B) are based on trauma-informed and evidence-based 
     practices;
       ``(C) are coordinated, where appropriate, with early 
     intervening services carried out under the Individuals with 
     Disabilities Education Act; and
       ``(D) are provided by qualified mental and behavioral 
     health professionals who are certified or licensed by the 
     State involved and practicing within their area of expertise.
       ``(5) General requirements.--
       ``(A) Parental consent.--
       ``(i) In general.--Each local educational agency receiving 
     a grant, contract, or cooperative agreement under this 
     subsection shall obtain prior written, informed consent from 
     the parent of each child who is under 18 years of age to 
     participate in any assessment service, program, activity, or 
     treatment that is--

       ``(I) funded under this subsection; and
       ``(II) conducted in connection with an elementary school or 
     secondary school under the grant, contract, or cooperative 
     agreement.

       ``(ii) Exception.--Notwithstanding clause (i), the written, 
     informed consent described in such clause shall not be 
     required in--

       ``(I) an emergency, where it is necessary to protect the 
     immediate health and safety of the student, other students, 
     or school personnel; or
       ``(II) other instances where parental consent cannot 
     reasonably be obtained, as defined by the Secretary.

       ``(B) Prohibition on mandatory medication.--No child shall 
     be required to obtain a prescription for a substance covered 
     by the Controlled Substances Act (21 U.S.C. 801 et seq.) as a 
     condition of receiving an evaluation under this subsection, 
     receiving services under this subsection, or attending a 
     school receiving assistance under this subsection.
       ``(C) Privacy.--Each local educational agency receiving a 
     grant, contract, or cooperative agreement under this 
     subsection shall ensure that student mental health records 
     are accorded the privacy protections provided under the 
     regulations promulgated under section 264(c) of the Health 
     Insurance Portability and Accountability Act of 1996 (Public 
     Law 104-191; 110 Stat. 2033) and section 444 of the General 
     Education Provisions Act (20 U.S.C. 1232g) (commonly referred 
     to as the `Family Educational Rights and Privacy Act of 
     1974').
       ``(6) Liability protection for school personnel.--Section 
     2366 shall apply to school personnel providing services under 
     a grant, contract, or cooperative agreement under this 
     subsection in the same manner as such section applies to 
     teachers.
       ``(7) Prohibition against federal mandates, direction, or 
     control or federal regulation.--In addition to the 
     prohibition of Federal Government control of a State, local 
     educational agency, or school's curriculum or program of 
     instruction that is provided under section 9527(a), nothing 
     in this subsection shall be construed to authorize an officer 
     or employee of the Federal Government to mandate, direct, or 
     control a State, local educational agency, or school's 
     specific instructional content or academic achievement 
     standards and assessments.''.
       (l) Definition.--Section 9101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7801) is amended--
       (1) by redesignating paragraphs (17) through (43) as 
     paragraphs (18) through (44), respectively; and
       (2) by inserting after paragraph (16) the following:
       ``(17) Early intervening services.--The term `early 
     intervening services' means early intervening services 
     described in section 613(f)(1) of the Individuals with 
     Disabilities Education Act.''.

     SEC. _14. CONFORMING AMENDMENTS.

       (a) America COMPETES Reauthorization Act of 2010.--Section 
     553(d)(6) of the America COMPETES Reauthorization Act of 2010 
     (20 U.S.C. 9903(d)(6)) is amended by striking ``section 
     9101(23)'' and inserting ``section 9101(24)''.
       (b) Higher Education Act of 1965.--Section 255(k) of the 
     Higher Education Act of 1965 is amended--
       (1) in paragraph (1), by striking ``section 
     9101(23)(B)(ii)'' and inserting ``section 9101(24)(B)(ii)''; 
     and
       (2) in paragraph (3), by striking ``section 9101(23)'' and 
     inserting ``section 9101(24)''.
       (c) Individuals With Disabilities Education Act.--Section 
     602(10) of the Individuals with Disabilities Education Act 
     (20 U.S.C. 1401(10)) is amended--
       (1) in subparagraph (C)(ii), by striking ``section 
     9101(23)'' and inserting ``section 9101(24)''; and
       (2) in each of clauses (ii) and (iii) of subparagraph (D), 
     by striking ``section 9101(23)(C)(ii)'' and inserting 
     ``section 9101(24)(C)(ii)''.

                      Subtitle B--Health Programs

     SEC. _21. GARRETT LEE SMITH MEMORIAL ACT REAUTHORIZATION.

       (a) Suicide Prevention Technical Assistance Center.--
     Section 520C of the Public Health Service Act (42 U.S.C. 
     290bb-34) is amended--
       (1) in the section heading, by striking the section heading 
     and inserting ``SUICIDE PREVENTION TECHNICAL ASSISTANCE 
     CENTER.'';
       (2) in subsection (a), by striking ``and in consultation 
     with'' and all that follows through the period at the end of 
     paragraph (2) and inserting ``shall establish a research, 
     training, and technical assistance resource center to provide 
     appropriate information, training, and technical assistance 
     to States, political subdivisions of States, federally 
     recognized Indian tribes, tribal organizations, institutions 
     of higher education, public organizations, or private 
     nonprofit organizations regarding the prevention of suicide 
     among all ages, particularly among groups that are at high 
     risk for suicide.'';
       (3) by striking subsections (b) and (c);
       (4) by redesignating subsection (d) as subsection (b);
       (5) in subsection (b), as so redesignated--
       (A) by striking the subsection heading and inserting 
     ``Responsibilities of the Center.'';
       (B) in the matter preceding paragraph (1), by striking 
     ``The additional research'' and all that follows through 
     ``nonprofit organizations for'' and inserting ``The center 
     established under subsection (a) shall conduct activities for 
     the purpose of'';
       (C) by striking ``youth suicide'' each place such term 
     appears and inserting ``suicide'';
       (D) in paragraph (1)--
       (i) by striking ``the development or continuation of'' and 
     inserting ``developing and continuing''; and
       (ii) by inserting ``for all ages, particularly among groups 
     that are at high risk for suicide'' before the semicolon at 
     the end;
       (E) in paragraph (2), by inserting ``for all ages, 
     particularly among groups that are at high risk for suicide'' 
     before the semicolon at the end;
       (F) in paragraph (3), by inserting ``and tribal'' after 
     ``statewide'';
       (G) in paragraph (5), by inserting ``and prevention'' after 
     ``intervention'';
       (H) in paragraph (8), by striking ``in youth'';
       (I) in paragraph (9), by striking ``and behavioral health'' 
     and inserting ``health and substance use disorder''; and
       (J) in paragraph (10), by inserting ``conducting'' before 
     ``other''; and
       (6) by striking subsection (e) and inserting the following:
       ``(c) Authorization of Appropriations.--For the purpose of 
     carrying out this section, there are authorized to be 
     appropriated $4,948,000 for each of fiscal years 2014 through 
     2018.''.
       (b) Youth Suicide Early Intervention and Prevention 
     Strategies.--Section 520E of the Public Health Service Act 
     (42 U.S.C. 290bb-36) is amended--
       (1) in paragraph (1) of subsection (a) and in subsection 
     (c), by striking ``substance abuse'' each place such term 
     appears and inserting ``substance use disorder'';
       (2) in subsection (b)(2)--
       (A) by striking ``each State is awarded only 1 grant or 
     cooperative agreement under this section'' and inserting ``a 
     State does not receive more than 1 grant or cooperative 
     agreement under this section at any 1 time''; and
       (B) by striking ``been awarded'' and inserting 
     ``received''; and
       (3) by striking subsection (m) and inserting the following:
       ``(m) Authorization of Appropriations.--For the purpose of 
     carrying out this section, there are authorized to be 
     appropriated $29,682,000 for each of fiscal years 2014 
     through 2018.''.
       (c) Mental Health and Substance Use Disorder Services.--
     Section 520E-2 of the Public Health Service Act (42 U.S.C. 
     290bb-36b) is amended--
       (1) in the section heading, by striking ``AND BEHAVIORAL 
     HEALTH'' and inserting ``HEALTH AND SUBSTANCE USE DISORDER 
     SERVICES'';
       (2) in subsection (a)--
       (A) by striking ``Services,'' and inserting ``Services 
     and'';
       (B) by striking ``and behavioral health problems'' and 
     inserting ``health or substance use disorders''; and
       (C) by striking ``substance abuse'' and inserting 
     ``substance use disorders'';
       (3) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``for--'' and inserting ``for one or more of the 
     following:''; and
       (B) by striking paragraphs (1) through (6) and inserting 
     the following:
       ``(1) Educating students, families, faculty, and staff to 
     increase awareness of mental health and substance use 
     disorders.
       ``(2) The operation of hotlines.
       ``(3) Preparing informational material.
       ``(4) Providing outreach services to notify students about 
     available mental health and substance use disorder services.
       ``(5) Administering voluntary mental health and substance 
     use disorder screenings and assessments.
       ``(6) Supporting the training of students, faculty, and 
     staff to respond effectively to students with mental health 
     and substance use disorders.
       ``(7) Creating a network infrastructure to link colleges 
     and universities with health care providers who treat mental 
     health and substance use disorders.'';

[[Page 5412]]

       (4) in subsection (c)(5), by striking ``substance abuse'' 
     and inserting ``substance use disorder'';
       (5) in subsection (d)--
       (A) in the matter preceding paragraph (1), by striking ``An 
     institution of higher education desiring a grant under this 
     section'' and inserting ``To be eligible to receive a grant 
     under this section, an institution of higher education'';
       (B) in paragraph (1)--
       (i) by striking ``and behavioral health'' and inserting 
     ``health and substance use disorder''; and
       (ii) by inserting ``, including veterans whenever possible 
     and appropriate,'' after ``students''; and
       (C) in paragraph (2), by inserting ``, which may include, 
     as appropriate and in accordance with subsection (b)(7), a 
     plan to seek input from relevant stakeholders in the 
     community, including appropriate public and private entities, 
     in order to carry out the program under the grant'' before 
     the period at the end;
       (6) in subsection (e)(1), by striking ``and behavioral 
     health problems'' and inserting ``health and substance use 
     disorders'';
       (7) in subsection (f)(2)--
       (A) by striking ``and behavioral health'' and inserting 
     ``health and substance use disorder''; and
       (B) by striking ``suicide and substance abuse'' and 
     inserting ``suicide and substance use disorders''; and
       (8) in subsection (h), by striking ``$5,000,000 for fiscal 
     year 2005'' and all that follows through the period at the 
     end and inserting ``$4,858,000 for each of fiscal years 2014 
     through 2018.''.

     SEC. _22. MENTAL HEALTH AWARENESS TRAINING GRANTS.

       Section 520J of the Public Health Service Act (42 U.S.C. 
     290bb-41) is amended--
       (1) in the section heading, by inserting ``MENTAL HEALTH 
     AWARENESS'' before ``TRAINING''; and
       (2) in subsection (b)--
       (A) in the subsection heading, by striking ``Illness'' and 
     inserting ``Health'';
       (B) in paragraph (1), by inserting ``and other categories 
     of individuals, as determined by the Secretary,'' after 
     ``emergency services personnel'';
       (C) in paragraph (5)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``to'' and inserting ``for evidence-based programs for the 
     purpose of''; and
       (ii) by striking subparagraphs (A) through (C) and 
     inserting the following:
       ``(A) recognizing the signs and symptoms of mental illness; 
     and
       ``(B)(i) providing education to personnel regarding 
     resources available in the community for individuals with a 
     mental illness and other relevant resources; or
       ``(ii) the safe de-escalation of crisis situations 
     involving individuals with a mental illness.''; and
       (D) in paragraph (7), by striking ``, $25,000,000'' and all 
     that follows through the period at the end and inserting 
     ``$20,000,000 for each of fiscal years 2014 through 2018''.

     SEC. _23. CHILDREN'S RECOVERY FROM TRAUMA.

       Section 582 of the Public Health Service Act (42 U.S.C. 
     290hh-1) is amended--
       (1) in subsection (a), by striking ``developing programs'' 
     and all that follows and inserting ``developing and 
     maintaining programs that provide for--
       ``(1) the continued operation of the National Child 
     Traumatic Stress Initiative (referred to in this section as 
     the `NCTSI'), which includes a coordinating center, that 
     focuses on the mental, behavioral, and biological aspects of 
     psychological trauma response; and
       ``(2) the development of knowledge with regard to evidence-
     based practices for identifying and treating mental, 
     behavioral, and biological disorders of children and youth 
     resulting from witnessing or experiencing a traumatic 
     event.'';
       (2) in subsection (b)--
       (A) by striking ``subsection (a) related'' and inserting 
     ``subsection (a)(2) (related'';
       (B) by striking ``treating disorders associated with 
     psychological trauma'' and inserting ``treating mental, 
     behavioral, and biological disorders associated with 
     psychological trauma)''; and
       (C) by striking ``mental health agencies and programs that 
     have established clinical and basic research'' and inserting 
     ``universities, hospitals, mental health agencies, and other 
     programs that have established clinical expertise and 
     research'';
       (3) by redesignating subsections (c) through (g) as 
     subsections (g) through (k), respectively;
       (4) by inserting after subsection (b), the following:
       ``(c) Child Outcome Data.--The NCTSI coordinating center 
     shall collect, analyze, and report NCTSI-wide child treatment 
     process and outcome data regarding the early identification 
     and delivery of evidence-based treatment and services for 
     children and families served by the NCTSI grantees.
       ``(d) Training.--The NCTSI coordinating center shall 
     facilitate the coordination of training initiatives in 
     evidence-based and trauma-informed treatments, interventions, 
     and practices offered to NCTSI grantees, providers, and 
     partners.
       ``(e) Dissemination.--The NCTSI coordinating center shall, 
     as appropriate, collaborate with the Secretary in the 
     dissemination of evidence-based and trauma-informed 
     interventions, treatments, products and other resources to 
     appropriate stakeholders.
       ``(f) Review.--The Secretary shall, consistent with the 
     peer review process, ensure that NCTSI applications are 
     reviewed by appropriate experts in the field as part of a 
     consensus review process. The Secretary shall include review 
     criteria related to expertise and experience in child trauma 
     and evidence-based practices.'';
       (5) in subsection (g) (as so redesignated), by striking 
     ``with respect to centers of excellence are distributed 
     equitably among the regions of the country'' and inserting 
     ``are distributed equitably among the regions of the United 
     States'';
       (6) in subsection (i) (as so redesignated), by striking 
     ``recipient may not exceed 5 years'' and inserting 
     ``recipient shall not be less than 4 years, but shall not 
     exceed 5 years''; and
       (7) in subsection (j) (as so redesignated), by striking 
     ``$50,000,000'' and all that follows through ``2006'' and 
     inserting ``$45,713,000 for each of fiscal years 2014 through 
     2018''.

     SEC. _24. ASSESSING BARRIERS TO BEHAVIORAL HEALTH 
                   INTEGRATION.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit a report to the Committee on Health, 
     Education, Labor, and Pensions of the Senate and the 
     Committee on Energy and Commerce of the House of 
     Representatives concerning Federal requirements that impact 
     access to treatment of mental health and substance use 
     disorders related to integration with primary care, 
     administrative and regulatory issues, quality measurement and 
     accountability, and data sharing.
       (b) Contents.--The report submitted under subsection (a) 
     shall include the following:
       (1) An evaluation of the administrative or regulatory 
     burden on behavioral healthcare providers.
       (2) The identification of outcome and quality measures 
     relevant to integrated health care, evaluation of the data 
     collection burden on behavioral healthcare providers, and any 
     alternative methods for evaluation.
       (3) An analysis of the degree to which electronic data 
     standards, including interoperability and meaningful use 
     includes behavioral health measures, and an analysis of 
     strategies to address barriers to health information exchange 
     posed by part 2 of title 42, Code of Federal Regulations.
       (4) An analysis of the degree to which Federal rules and 
     regulations for behavioral and physical health care are 
     aligned, including recommendations to address any identified 
     barriers.

     SEC. _25. INCREASING EDUCATION AND AWARENESS OF TREATMENTS 
                   FOR OPIOID USE DISORDERS.

       (a) In General.--In order to improve the quality of care 
     delivery and treatment outcomes among patients with opioid 
     use disorders, the Secretary of Health and Human Services 
     (referred to in this section as the ``Secretary''), acting 
     through the Administrator for the Substance Abuse and Mental 
     Health Services Administration, may advance, through existing 
     programs as appropriate, the education and awareness of 
     providers, patients, and other appropriate stakeholders 
     regarding all products approved by the Food and Drug 
     Administration to treat opioid use disorders.
       (b) Activities.--The activities described in subsection (a) 
     may include--
       (1) disseminating evidence-based practices for the 
     treatment of opioid use disorders;
       (2) facilitating continuing education programs for health 
     professionals involved in treating opioid use disorders;
       (3) increasing awareness among relevant stakeholders of the 
     treatment of opioid use disorders;
       (4) assessing current barriers to the treatment of opioid 
     use disorders for patients and providers and development and 
     implementation of strategies to mitigate such barriers; and
       (5) continuing innovative approaches to the treatment of 
     opioid use disorders in various treatment settings, such as 
     prisons, community mental health centers, primary care, and 
     hospitals.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, if the Secretary carries out the 
     activities under this section, the Secretary shall submit to 
     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 that examines--
       (1) the activities the Substance Abuse and Mental Health 
     Services Administration conducts under this section, 
     including any potential impacts on health care costs 
     associated with such activities;
       (2) the role of adherence in the treatment of opioid use 
     disorders and methods to reduce opioid use disorders; and
       (3) recommendations on priorities and strategies to address 
     co-occurring substance use disorders and mental illnesses.

     SEC. _26. EXAMINING MENTAL HEALTH CARE FOR CHILDREN.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the

[[Page 5413]]

     Comptroller General of the United States shall conduct an 
     independent evaluation, and submit to 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 concerning the utilization of 
     mental health services for children, including the usage of 
     psychotropic medications.
       (b) Content.--The report submitted under subsection (a) 
     shall review and assess--
       (1) the ways in which children access mental health care, 
     including information on whether children are treated by 
     primary care or specialty providers, what types of referrals 
     for additional care are recommended, and any barriers to 
     accessing this care;
       (2) the extent to which children are prescribed 
     psychotropic medications in the United States including the 
     frequency of concurrent medication usage; and
       (3) the tools, assessments, and medications that are 
     available and used to diagnose and treat children with mental 
     health disorders.

     SEC. _27. EVIDENCE BASED PRACTICES FOR OLDER ADULTS.

       Section 520A(e) of the Public Health Service Act (42 U.S.C. 
     290bb-32(e)) is amended by adding at the end the following:
       ``(3) Geriatric mental health disorders.--The Secretary 
     shall, as appropriate, provide technical assistance to 
     grantees regarding evidence-based practices for the 
     prevention and treatment of geriatric mental health disorders 
     and co-occurring mental health and substance use disorders 
     among geriatric populations, as well as disseminate 
     information about such evidence-based practices to States and 
     nongrantees throughout the United States.''.

     SEC. _28. NATIONAL VIOLENT DEATH REPORTING SYSTEM.

       The Secretary of Health and Human Services, acting through 
     the Director of the Centers for Disease Control and 
     Prevention, is encouraged to improve, particularly through 
     the inclusion of additional States, the National Violent 
     Death Reporting System as authorized by title III of the 
     Public Health Service Act. Participation in the system by the 
     States shall be voluntary.

     SEC. _29. GAO STUDY ON VIRGINIA TECH RECOMMENDATIONS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall conduct an independent evaluation, and submit to 
     the appropriate committees of Congress a report concerning 
     the status of implementation of recommendations made in the 
     report to the President, On Issues Raised by the Virginia 
     Tech Tragedy, by the Secretaries of Health and Human Services 
     and Education and the Attorney General of the United States, 
     submitted to the President on June 13, 2007.
       (b) Content.--The report submitted to the committees of 
     Congress under subsection (a) shall review and assess--
       (1) the extent to which the recommendations in the report 
     that include participation by the Department of Health and 
     Human Services were implemented;
       (2) whether there are any barriers to implementation of 
     such recommendations; and
       (3) identification of any additional actions the Federal 
     government can take to support States and local communities 
     and ensure that the Federal government and Federal law are 
     not obstacles to addressing at the community level--
       (A) school violence; and
       (B) mental illness.
                                 ______
                                 
  SA 731. Ms. KLOBUCHAR (for herself and Ms. Hirono) submitted an 
amendment intended to be proposed by her to the bill S. 649, to ensure 
that all individuals who should be prohibited from buying a firearm are 
listed in the national instant criminal background check system and 
require a background check for every firearm sale, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ADDITION OF DATING PARTNERS AND INDIVIDUALS SUBJECT 
                   TO RESTRAINING ORDERS.

       (a) Definition.--Section 921(a) of title 18, United States 
     Code, is amended--
       (1) by striking paragraph (32) and inserting the following:
       ``(32) The term `intimate partner'--
       ``(A) means with respect to a person, the spouse of the 
     person, a former spouse of the person, an individual who is a 
     parent of a child of the person, and an individual who 
     cohabitates or has cohabited with the person; and
       ``(B) includes--
       ``(i) a dating partner (as defined in section 2266); and
       ``(ii) any other person similarly situated to a spouse who 
     is protected by the domestic or family violence laws of the 
     State or tribal jurisdiction in which the injury occurred or 
     where the victim resides.''; and
       (2) in paragraph (33)(A)(ii)--
       (A) by inserting ``intimate partner,'' after ``former 
     spouse,''; and
       (B) by inserting ``intimate partner,'' after ``a spouse,'' 
     each place it appears.
       (b) Addition of Stalking.--Section 922 of title 18, United 
     States Code, is amended--
       (1) in subsection (d)--
       (A) in paragraph (8)(ii), by striking ``or'' at the end;
       (B) in paragraph (9), by striking the period at the end and 
     inserting ``; or''; and
       (C) by inserting after paragraph (9) the following:
       ``(10) has been convicted in any court of a misdemeanor 
     crime of stalking.''; and
       (2) in subsection (g)--
       (A) in paragraph (8)(C)(ii), by striking ``or'' at the end;
       (B) in paragraph (9), by striking the comma at the end and 
     inserting ``; or''; and
       (C) by inserting after paragraph (9) the following:
       ``(10) has been convicted in any court of a misdemeanor 
     crime of stalking,''.
                                 ______
                                 
  SA 732. Mr. GRAHAM (for himself, Mr. Begich, Mr. Flake, Mr. Pryor, 
Mr. Heller, Mr. Cornyn, Mr. Chambliss, Mr. Portman, and Mr. McCain) 
submitted an amendment intended to be proposed by him to the bill S. 
649, to ensure that all individuals who should be prohibited from 
buying a firearm are listed in the national instant criminal background 
check system and require a background check for every firearm sale, and 
for other purposes; which was ordered to lie on the table; as follows:

       Strike titles I and II and insert the following:

                TITLE I--NICS REPORTING IMPROVEMENT ACT

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``NICS Reporting Improvement 
     Act of 2013''.

     SEC. 102. 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, or mental 
     illness--
       ``(aa) was a danger to himself or to others;
       ``(bb) was guilty but mentally ill in a criminal case;
       ``(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 only 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;
       ``(gg) required involuntary outpatient treatment by a 
     psychiatric hospital based on a finding that the person is a 
     danger to himself or to others; or
       ``(hh) required involuntary commitment to a psychiatric 
     hospital for any reason, including drug use; and
       ``(ii) does not include--
       ``(I) a person who is in 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 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, or involuntary commitment to, 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) or 
     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).
       ``(37) The term `psychiatric hospital' includes a mental 
     health facility, a mental hospital, a sanitarium, a 
     psychiatric facility,

[[Page 5414]]

     and any other facility that provides diagnoses 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''; and
       (3) 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. 103. REDUCTION OF BYRNE JAG FUNDS FOR STATE FAILURE TO 
                   PROVIDE MENTAL HEALTH RECORDS TO NICS.

       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) Reduction for failure to provide mental health 
     records.--
       ``(A) In general.--During the period beginning on the date 
     that is 18 months after the date of enactment of the NICS 
     Reporting Improvement Act of 2013 and ending on the day 
     before the date described in subparagraph (B), the Attorney 
     General shall withhold 5 percent of the amount that would 
     otherwise be allocated to a State under section 505 of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3755) if the State does not--
       ``(i) provide not less than 90 percent of the records 
     required to be provided under sections 102 and 103; or
       ``(ii) have 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) Final implementation deadline.--Beginning on the date 
     that is 5 years after the date of enactment of the NICS 
     Reporting Improvement Act of 2013, the Attorney General shall 
     withhold 10 percent of the amount that would otherwise be 
     allocated to a State under section 505 of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the 
     State does not have in effect a statute described in 
     subparagraph (A)(ii) of this paragraph.''.
                                 ______
                                 
  SA 733. Ms. STABENOW (for herself, Mr. Blunt, Mr. Reed, Mr. Rubio, 
Ms. Collins, Mr. Blumenthal, Mr. Udall of New Mexico, and Mr. Tester) 
submitted an amendment intended to be proposed by her to the bill S. 
649, to ensure that all individuals who should be prohibited from 
buying a firearm are listed in the national instant criminal background 
check system and require a background check for every firearm sale, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                      TITLE __--MENTAL HEALTH CARE

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Excellence in Mental 
     Health Act''.

     SEC. _02. ESTABLISHING CERTIFIED COMMUNITY BEHAVIORAL HEALTH 
                   CLINICS.

       (a) In General.--Section 1913 of the Public Health Service 
     Act (42 U.S.C. 300x-2) is amended--
       (1) in subsection (a)(2)(A), by striking ``community mental 
     health services'' and inserting ``behavioral health services 
     (of the type offered by certified community behavioral health 
     clinics consistent with subsection (c)(3))'';
       (2) in subsection (b)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) services under the plan will be provided only through 
     appropriate, qualified community programs (which may include 
     certified community behavioral health clinics, child mental 
     health programs, psychosocial rehabilitation programs, mental 
     health peer-support programs, outpatient addiction treatment 
     programs, acute detoxification services, and mental health 
     primary consumer-directed programs); and''; and
       (B) in paragraph (2), by striking ``community mental health 
     centers'' and inserting ``certified community behavioral 
     health clinics''; and
       (3) by striking subsection (c) and inserting the following:
       ``(c) Criteria for Certified Community Behavioral Health 
     Clinics.--
       ``(1) In general.--The Administrator shall certify, and 
     recertify at least every 5 years, certified community 
     behavioral health clinics as meeting the criteria specified 
     in this subsection.
       ``(2) Regulations.--Not later than 18 months after the date 
     of the enactment of the Excellence in Mental Health Act--
       ``(A) the Administrator, in consultation with State Mental 
     Health and Substance Abuse Authorities, shall issue final 
     regulations for certifying non-profit and local government 
     behavioral health authorities and Indian Health Service 
     tribal facilities as clinics under paragraph (1); and
       ``(B) the Secretary, in determining eligible non-profit 
     entities under this subsection, shall promulgate regulations 
     specifying that an entity receiving payment under section 
     1902(bb) of the Social Security Act may not be owned , 
     controlled, or operated by another entity.
       ``(3) Criteria.--The criteria referred to in subsection 
     (b)(2) are that the clinic performs each of the following:
       ``(A) Provide services in locations that ensure services 
     will be available and accessible promptly and in a manner 
     which preserves human dignity and assures continuity of care.
       ``(B) Provide services in a mode of service delivery 
     appropriate for the target population.
       ``(C) Provide individuals with a choice of service options, 
     including developmentally appropriate evidence based 
     interventions, where there is more than one efficacious 
     treatment.
       ``(D) Employ a core clinical staff that is trained to 
     provide evidence-based practices and is multidisciplinary and 
     culturally and linguistically competent, including the 
     availability of translation or similar services and 
     arrangements if the clinic is located in a geographic area of 
     limited English-speaking ability.
       ``(E) Establish an emergency plan to support continuity of 
     services for individuals during an emergency or disaster.
       ``(F) Demonstrate the capacity to comply with behavioral 
     health and related health care quality measures promulgated 
     by such entities as the National Quality Forum, the National 
     Committee for Quality Assurance, or other nationally 
     recognized accrediting bodies.
       ``(G) Provide services to any individual residing or 
     employed in the service area of the clinic and ensure that no 
     patient or consumer will be denied mental health or other 
     health care services due to an individual's inability to pay 
     for such services.
       ``(H) Ensure that any fees or payments required by the 
     clinic for such services will be reduced or waived to enable 
     the clinic to comply with subparagraph (G), including 
     preparing a schedule of fees or payments for the provision of 
     services that is consistent with locally prevailing rates or 
     charges designed to cover the reasonable costs to the clinic 
     of operation along with a corresponding schedule of discounts 
     to be applied to the payment of such fees or payments, such 
     discounts to be adjusted on the basis of the patient's 
     ability to pay.
       ``(I) Provide, directly or through contract, to the extent 
     covered for adults in the State Medicaid plan under title XIX 
     of the Social Security Act and for children in accordance 
     with section 1905(r) of such Act regarding early and periodic 
     screening, diagnosis, and treatment, each of the following 
     services:
       ``(i) Screening, assessment, and diagnosis, including risk 
     assessment.
       ``(ii) Person-centered treatment planning or similar 
     processes, including risk assessment and crisis planning.
       ``(iii) Outpatient mental health and substance use 
     services, including screening, assessment, diagnosis, 
     psychotherapy, cognitive behavioral therapy, applied 
     behavioral analysis, medication management, and integrated 
     treatment for trauma, mental illness, and substance abuse 
     which shall be evidence-based (including cognitive behavioral 
     therapy, long acting injectable medications, and other such 
     therapies which are evidence-based).
       ``(iv) Outpatient clinic primary care screening and 
     monitoring of key health indicators and health risk 
     (including screening for diabetes, hypertension, and 
     cardiovascular disease and monitoring of weight, height, body 
     mass index (BMI), blood pressure, blood glucose or HbA1C, and 
     lipid profile).
       ``(v) Crisis mental health services, including 24-hour 
     mobile crisis teams, emergency crisis intervention services, 
     and crisis stabilization.
       ``(vi) Targeted case management (services to assist 
     individuals gaining access to needed medical, social, 
     educational, and other services and applying for income 
     security and other benefits to which they may be entitled).

[[Page 5415]]

       ``(vii) Psychiatric rehabilitation services including 
     skills training, assertive community treatment, family 
     psychoeducation, disability self-management, supported 
     employment, supported housing services, therapeutic foster 
     care services, and such other evidence-based practices as the 
     Secretary may require.
       ``(viii) Peer support and counselor services and family 
     supports.
       ``(J) Maintain linkages, and where possible enter into 
     formal contracts, agreements, or partnerships with at least 
     one federally qualified health center, unless there is no 
     such center serving the service area, in order to ensure that 
     the delivery of behavioral health care is integrated with 
     primary and preventive care services, so long as such 
     linkages, contract, agreement, or partnership meets 
     requirements as prescribed by the Secretary;
       ``(K) Maintain additional linkages and where possible enter 
     into formal contracts with the following:
       ``(i) Inpatient psychiatric facilities and substance use 
     detoxification, post-detoxification step-down services, and 
     residential programs.
       ``(ii) Adult and youth peer support and counselor services.
       ``(iii) Family support services for families of children 
     with serious mental or substance use disorders.
       ``(iv) Other community or regional services, supports, and 
     providers, including schools, child welfare agencies, 
     juvenile and criminal justice agencies and facilities, Indian 
     Health Service youth regional treatment centers, housing 
     agencies and programs, employers, and other social and human 
     services.
       ``(v) Onsite or offsite access to primary care services.
       ``(vi) Enabling services, including outreach, 
     transportation, and translation.
       ``(vii) Health and wellness services, including services 
     for tobacco cessation.
       ``(viii) Department of Veterans Affairs medical centers, 
     independent outpatient clinics, drop-in centers, and other 
     facilities of the Department as defined in section 1801 of 
     title 38, United States Code.
       ``(L) Where feasible, provide outreach and engagement to 
     encourage individuals who could benefit from mental health 
     care to freely participate in receiving the administrative 
     services described in this subsection.
       ``(M) Where feasible, provide intensive, community-based 
     mental health care for members of the armed forces and 
     veterans, particularly those members and veterans located in 
     rural areas, such care to be consistent with minimum clinical 
     mental health guidelines promulgated by the Veterans Health 
     Administration including clinical guidelines contained in the 
     Uniform Mental Health Services Handbook of such 
     Administration.
       ``(N) Where feasible, require certified community 
     behavioral health clinics to provide valid and reliable 
     trauma screening and functional or developmental assessment 
     to determine need, match services to needs, and to measure 
     progress over time.
       ``(4) Rule of construction.--Nothing in paragraph (1) shall 
     be construed as prohibiting States receiving funds 
     appropriated through the Community Mental Health Services 
     Block Grant under subpart I of part B of this title from 
     financing qualified community programs (whether such programs 
     meet the definition of eligible programs prior to or after 
     the date of enactment of this subsection).
       ``(5) Limitation.--
       ``(A) In general.--For purposes of providing assistance 
     under this section and reimbursement under section 1902(bb) 
     of the Social Security Act--
       ``(i) for each of fiscal years 2016 through 2024, the 
     Secretary shall certify 10 percent of the total number of 
     entities who apply and are eligible to become certified 
     community behavioral health clinics in each such fiscal year, 
     in addition to the clinics certified in the previous fiscal 
     years; and
       ``(ii) for fiscal year 2025, and each subsequent fiscal 
     year, the Secretary shall certify all such community 
     behavioral health clinics.
       ``(B) Requirements.--In implementing this paragraph, the 
     Secretary shall--
       ``(i) ensure the geographic diversity of such clinics;
       ``(ii) ensure that applications from clinics located in 
     rural areas, as defined by the Secretary, and other mental 
     health professional shortage areas are fairly and 
     appropriately considered with the objective of facilitating 
     access to mental health services in such areas; and
       ``(iii) take into account the ability of such clinics to 
     provide required services, and the ability of such clinics to 
     report required data as required under this title.
       ``(6) Exemption.--Certified community behavioral health 
     clinics receiving payments under section 1902(bb) of the 
     Social Security Act which are located in rural areas, as 
     defined by the Secretary, shall be exempt from the 
     requirements contained in subparagraphs (A) and (I)(v) of 
     paragraph (3).''.
       (b) Conforming Amendments to Medicare Definition of 
     Community Mental Health Center.--Section 1861(ff)(3)(B) of 
     the Social Security Act (42 U.S.C. 1395x(ff)(3)(B)) is 
     amended--
       (1) in clause (i)--
       (A) in subclause (I), by inserting ``(as in effect on the 
     day before the date of the enactment of the Excellence in 
     Mental Health Act)'' after ``Service Act''; and
       (B) in subclause (II), by inserting ``(as so in effect)'' 
     after ``of such section''; and
       (2) in clause (iv)(III), by striking ``1931(c)(1) of the 
     Public Health Service Act'' and inserting ``1913(c)(1) of the 
     Public Health Service Act (as so in effect)''.

     SEC. _03. MEDICAID COVERAGE AND PAYMENT FOR COMMUNITY 
                   BEHAVIORAL HEALTH CLINIC SERVICES.

       (a) Payment for Services Provided by Certified Community 
     Behavioral Health Clinics.--Section 1902(bb) of the Social 
     Security Act (42 U.S.C. 1396a(bb)) is amended--
       (1) in the heading, by striking ``and Rural Health 
     Clinics'' and inserting ``, Certified Community Behavioral 
     Health Clinics, and Rural Health Clinics'';
       (2) in paragraph (1), by inserting ``(and beginning with 
     fiscal year 2016 with respect to services furnished on or 
     after January 1, 2016, and each succeeding fiscal year, for 
     services described in section 1905(a)(2)(D) furnished by a 
     certified community behavioral health clinic)'' after ``by a 
     rural health clinic'';
       (3) in paragraph (2)--
       (A) by striking the heading and inserting ``Initial fiscal 
     year'';
       (B) by inserting ``(or, in the case of services described 
     in section 1905(a)(2)(D) furnished by a certified community 
     behavioral health clinic, for services furnished on and after 
     January 1, 2016, during fiscal year 2016)'' after ``January 
     1, 2001, during fiscal year 2001'';
       (C) by inserting ``(or, in the case of services described 
     in section 1905(a)(2)(D) furnished by a certified community 
     behavioral health clinic, during fiscal years 2014 and 
     2015)'' after ``1999 and 2000''; and
       (D) by inserting ``(or, in the case of services described 
     in section 1905(a)(2)(D) furnished by a certified community 
     behavioral health clinic, during fiscal year 2016)'' before 
     the period;
       (4) in paragraph (3)--
       (A) in the heading, by striking ``Fiscal year 2002 and 
     succeeding'' and inserting ``Succeeding''; and
       (B) by inserting ``(or, in the case of services described 
     in section 1905(a)(2)(D) furnished by a certified community 
     behavioral health clinic, for services furnished during 
     fiscal year 2017 or a succeeding fiscal year)'' after ``2002 
     or a succeeding fiscal year'';
       (5) in paragraph (4)--
       (A) by inserting ``(or as a certified community behavioral 
     health clinic after fiscal year 2015)'' after ``or rural 
     health clinic after fiscal year 2000'';
       (B) by striking ``furnished by the center or'' and 
     inserting ``furnished by the federally qualified health 
     clinic, services described in section 1905(a)(2)(D) furnished 
     by the certified community behavioral health clinic, or''; 
     and
       (C) in the second sentence, by striking ``or rural health 
     clinic'' and inserting ``, certified community behavioral 
     health clinic, or rural health clinic'';
       (6) in paragraph (5), in each of subparagraphs (A) and (B), 
     by striking ``or rural health clinic'' and inserting ``, 
     certified community behavioral health clinic, or rural health 
     clinic''; and
       (7) in paragraph (6), by striking ``or to a rural health 
     clinic'' and inserting ``, to a certified community 
     behavioral health clinic for services described in section 
     1905(a)(2)(D), or to a rural health clinic''.
       (b) Inclusion of Community Behavioral Health Clinic 
     Services in the Term Medical Assistance.--Section 1905(a)(2) 
     of the Social Security Act (42 U.S.C. 1396d(a)(2)) is 
     amended--
       (1) by striking ``and'' before ``(C)''; and
       (2) by inserting before the semicolon at the end the 
     following: ``, and (D) certified community behavioral health 
     clinic services (as defined in subsection (l)(4))''.
       (c) Definition of Certified Community Behavioral Health 
     Clinic Services.--Section 1905(l) of the Social Security Act 
     (42 U.S.C. 1396d(l)) is amended by adding at the end the 
     following paragraph:
       ``(4)(A) The term `community behavioral health clinic 
     services' means services of the type described in 
     subparagraphs (I), (L), (M), and (N) of section 1913(c)(3) of 
     the Public Health Service Act furnished to an individual at a 
     certified community behavioral health clinic (as defined by 
     subparagraph (B)).
       ``(B) The term `certified community behavioral health 
     clinic' means an entity that is certified under section 
     1913(c) of the Public Health Service Act as meeting the 
     criteria described in paragraph (3) of such section.''.
       (d) Exclusion.--Section 1902(bb) of the Social Security Act 
     (42 U.S.C. 1396a(bb)) is amended by adding at the end the 
     following:
       ``(7) Exclusions.--
       ``(A) In general.--Payments made to certified community 
     behavioral health clinics under this subsection hall be 
     limited to ambulatory behavioral health services of the type 
     described in subparagraphs (I), (L), (M), and (N) of section 
     1913(c)(3) of the Public Health Service Act and shall 
     specifically exclude reimbursement for inpatient care, 
     residential treatment, room and board expenses,

[[Page 5416]]

     or any other non-ambulatory services, as determined by the 
     Secretary.
       ``(B) Existing facilities.--Payments under this subsection 
     may not be made to satellite facilities of certified 
     community behavioral health clinics if such facilities are 
     established after the date of enactment of this paragraph.''.
       (e) Effective Date.--The amendments made by this section 
     take effect on January 1, 2016.

     SEC. _04. MEDICAID DSH.

       (a) Rebasing of Allotments for First, Second, and Third 
     Quarters of Fiscal Year 2023.--Section 1923(f)(8) of the 
     Social Security Act (42 U.S.C. 1396r-4(f)(8)) is amended--
       (1) by redesignating subparagraph (C) as subparagraph (D);
       (2) by inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) First 3 quarters of fiscal year 2023.--Only with 
     respect to the period that begins on October 1, 2022, and 
     ends on June 30, 2023, the DSH allotment for a State, in lieu 
     of the amount determined under paragraph (3) for the State 
     for that year, shall be equal to \3/4\ of the DSH allotment 
     for the State for fiscal year 2022, as determined under 
     subparagraph (B), increased, subject to subparagraphs (B) and 
     (C) of paragraph (3), and paragraph (5), by the percentage 
     change in the consumer price index for all urban consumers 
     (all items; U.S. city average), for fiscal year 2022.''; and
       (3) in subparagraph (D) (as redesignated by paragraph (1) 
     of this section), by striking ``after fiscal year 2022'' and 
     all that follows through the period and inserting ``(and 
     portions of fiscal years) after June 30, 2023, shall be 
     calculated under paragraph (3) without regard to this 
     paragraph and paragraph (7), except that the amount of the 
     DSH allotment available for a State for the fourth quarter of 
     fiscal year 2023 (after such calculation) shall be equal to 
     the sum of \1/4\ of the amount calculated under paragraph (3) 
     for the State for fiscal year 2023.''.
       (b) Elimination of Reduction for Fiscal Year 2014.--Section 
     1923(f)(7)(A) of the Social Security Act (42 U.S.C. 1396r-
     4(f)(7)(A)) is amended--
       (1) in clause (i), by striking ``2014'' and inserting 
     ``2015''; and
       (2) in clause (ii)--
       (A) by striking subclause (I); and
       (B) by redesignating subclauses (II) through (VII) as 
     subclauses (I) through (VI), respectively.

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