End Purchase of Firearms by Dangerous Individuals Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 3554 To incentivize State reporting systems that allow mental health professionals to submit information on certain individuals deemed dangerous for pur- poses of prohibiting firearm possession by such individuals, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 27, 2019 Mr. CICILLINE (for himself, Ms. WILSON of Florida, Mr. KHANNA, Ms. NOR- TON, Mrs. HAYES, Ms. SCHAKOWSKY, Ms. MUCARSEL-POWELL, Mr. DESAULNIER, Ms. GARCIA of Texas, Ms. KELLY of Illinois, Mr. NEGUSE, Mr. HASTINGS, Ms. MENG, Mr. CONNOLLY, Mr. SIRES, Mr. LARSON of Connecticut, Mr. LOWENTHAL, Ms. MOORE, and Ms. BROWNLEY of Cali- fornia) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Com- merce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdic- tion of the committee concerned A BILL To incentivize State reporting systems that allow mental health professionals to submit information on certain individuals deemed dangerous for purposes of prohibiting firearm possession by such individuals, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 04:51 Jul 09, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3554.IH H3554 kjohnson on DSK79L0C42 with BILLS 2 •HR 3554 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘End Purchase of Fire- 2 arms by Dangerous Individuals Act of 2019’’. 3 SEC. 2. STATE REPORTING SYSTEMS. 4 (a) STATE REPORTING SYSTEMS AS CONDITION OF 5 RECEIVING FULL EDWARD BYRNE MEMORIAL JUSTICE 6 ASSISTANCE GRANTS AMOUNTS.— 7 (1) IN GENERAL.—For each fiscal year begin- 8 ning with fiscal year 2019, a State shall— 9 (A) establish a reporting system, in accord- 10 ance with guidelines provided pursuant to sec- 11 tion 4(a), through which mental health profes- 12 sionals may report to appropriate State enti- 13 ties— 14 (i) in accordance with paragraph (2), 15 information described in such paragraph 16 with respect to individuals described in 17 such paragraph; 18 (ii) in accordance with paragraph (3), 19 information described in such paragraph 20 with respect to individuals described in 21 such paragraph; and 22 (iii) in accordance with paragraph (4), 23 information described in such paragraph 24 with respect to individuals described in 25 such paragraph; 26 VerDate Sep 11 2014 04:51 Jul 09, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3554.IH H3554 kjohnson on DSK79L0C42 with BILLS 3 •HR 3554 IH (B) establish under State law a process, in 1 accordance with the guidelines provided pursu- 2 ant to section 4(b), relating to temporarily com- 3 mitting individuals involuntarily to, or holding 4 individuals involuntarily at, mental health facili- 5 ties; 6 (C) from the information collected by the 7 State pursuant to subparagraph (A), make elec- 8 tronically available to the Attorney General 9 records relevant to a determination of whether 10 a person is disqualified from possessing or re- 11 ceiving a firearm under subsection (g)(4) of sec- 12 tion 922 of title 18, United States Code, or ap- 13 plicable State law; 14 (D) upon notification under a subsequent 15 paragraph of this section or subparagraph (G), 16 or otherwise as specified under such paragraph 17 or subparagraph, that the basis under which a 18 record was made available under subparagraph 19 (A) does not apply, or no longer applies, shall, 20 as soon as practicable— 21 (i) update, correct, modify, or remove, 22 as applicable, the record from any data- 23 base that the Federal or State government 24 maintains and makes available to the Na- 25 VerDate Sep 11 2014 04:51 Jul 09, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3554.IH H3554 kjohnson on DSK79L0C42 with BILLS 4 •HR 3554 IH tional Instant Criminal Background Check 1 System, consistent with the rules per- 2 taining to that database; and 3 (ii) notify the Attorney General that 4 such basis no longer applies so that the 5 record system in which the record is main- 6 tained is kept up to date; 7 (E) ensure that the information submitted 8 to the reporting system pursuant to this sub- 9 section— 10 (i) with respect to an individual de- 11 scribed in paragraph (3), is removed from 12 such system on the date described in the 13 second sentence of such paragraph; and 14 (ii) with respect to an individual de- 15 scribed in paragraph (4), is removed from 16 such system on the date described in the 17 second sentence of such paragraph; 18 (F) ensure that the reporting system es- 19 tablished under subparagraph (A) includes an 20 appeals process comparable to such a process 21 applied with respect to the National Instant 22 Criminal Background Check System, including 23 with respect to procedures for notifications of 24 individuals with respect to whom information is 25 VerDate Sep 11 2014 04:51 Jul 09, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3554.IH H3554 kjohnson on DSK79L0C42 with BILLS 5 •HR 3554 IH submitted to the reporting system and an op- 1 portunity to review and appeal such submission; 2 and 3 (G)(i) ensure that any individual who— 4 (I) is disqualified from possessing or 5 receiving a firearm under subsection (g)(4) 6 of section 922, of title 18, United States 7 Code, or applicable State law pursuant to 8 information reported through the reporting 9 system established under subparagraph 10 (A); and 11 (II) at the time of inclusion of such 12 information in such reporting system is 13 under 18 years of age, 14 is evaluated by a mental health professional by 15 not later than the date the individual is 21 16 years of age in order to determine if such indi- 17 vidual should remain so disqualified; and 18 (ii) upon determination that such indi- 19 vidual should not remain so disqualified, notify 20 the appropriate State entity that the informa- 21 tion so reported no longer applies for inclusion 22 in the reporting system or any database or 23 record described in subparagraph (D). 24 VerDate Sep 11 2014 04:51 Jul 09, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3554.IH H3554 kjohnson on DSK79L0C42 with BILLS 6 •HR 3554 IH (2) INDIVIDUALS TEMPORARILY COMMITTED ON 1 A VOLUNTARY BASIS.—For purposes of subsection 2 (a)(1)(A)(i), in the case of an individual who is com- 3 mitted on a voluntary basis to a mental institution 4 (as defined for purposes of section 922(g)(4) of title 5 18, United States Code) in a State, the mental 6 health professional who is primarily responsible for 7 the individual’s treatment at such institution— 8 (A) may report to the reporting system es- 9 tablished by the State under paragraph (1)(A) 10 information with respect to such individual that 11 is sufficient for inclusion in the National In- 12 stant Criminal Background Check System and 13 consistent with Federal and State privacy laws 14 if such mental health professional determines, 15 in accordance with the guidelines provided pur- 16 suant to section 4(a) and with section 5(c), 17 such individual is a danger to the individual or 18 to others; and 19 (B) upon discharge of such individual from 20 such institution, shall notify the appropriate 21 State entity that the information submitted 22 under subparagraph (A) no longer applies for 23 inclusion in the reporting system established 24 VerDate Sep 11 2014 04:51 Jul 09, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3554.IH H3554 kjohnson on DSK79L0C42 with BILLS 7 •HR 3554 IH under paragraph (1)(A) or any database or 1 record described in paragraph (1)(D). 2 (3) INDIVIDUALS TEMPORARILY COMMITTED OR 3 HELD ON AN INVOLUNTARY BASIS.—For purposes of 4 subsection (a)(1)(A)(ii), in the case of an individual 5 who is temporarily committed or held on an involun- 6 tary basis, in accordance with a process described in 7 paragraph (1)(B), to a mental institution (as defined 8 for purposes of section 922(g)(4) of title 18, United 9 States Code) in a State, the mental health profes- 10 sional who is primarily responsible for the individ- 11 ual’s treatment at such institution may report to the 12 reporting system established by the State under 13 paragraph (1)(A), as soon as is practicable after the 14 date the individual is released from such institution, 15 information with respect to such individual that is 16 sufficient for inclusion in the National Instant 17 Criminal Background Check System and consistent 18 with Federal and State privacy laws if such mental 19 health professional determines, in accordance with 20 the guidelines provided pursuant to section 4(a) and 21 with section 5(c), such individual is a danger to the 22 individual or to others. On the date that is 5 years 23 after the date of such release, for purposes of sub- 24 sections (a)(1)(D) and (b)(1), the appropriate State 25 VerDate Sep 11 2014 04:51 Jul 09, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3554.IH H3554 kjohnson on DSK79L0C42 with BILLS 8 •HR 3554 IH entity and the Attorney General shall be deemed to 1 have been notified that the information submitted 2 under the previous sentence no longer applies for in- 3 clusion in the reporting system established under 4 paragraph (1)(A) or any database or record de- 5 scribed in paragraph (1)(D). 6 (4) INDIVIDUALS MAKING SPECIFIC THREAT TO 7 MENTAL HEALTH PROFESSIONAL.—For purposes of 8 subsection (a)(1)(A)(iii), in the case of an individual 9 who communicates to a mental health professional a 10 serious threat, as determined by the professional in 11 accordance with the guidance provided pursuant to 12 section 4(a), of physical violence against another in- 13 dividual who is reasonably identifiable, the mental 14 health professional may report to the reporting sys- 15 tem established by the State under paragraph 16 (1)(A), as soon as is practicable after the date of 17 such communication, information with respect to 18 such individual that is sufficient for inclusion in the 19 National Instant Criminal Background Check Sys- 20 tem and consistent with Federal and State privacy 21 laws. On the date that is 6 months after the date 22 of such report, for purposes of subsections (a)(1)(D) 23 and (b)(1), the appropriate State entity and the At- 24 torney General shall be deemed to have been notified 25 VerDate Sep 11 2014 04:51 Jul 09, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3554.IH H3554 kjohnson on DSK79L0C42 with BILLS 9 •HR 3554 IH that the information submitted under the previous 1 sentence no longer applies for inclusion in the re- 2 porting system established under paragraph (1)(A) 3 or any database or record described in paragraph 4 (1)(D). 5 (b) NATIONAL INSTANT CRIMINAL BACKGROUND 6 CHECK SYSTEM UPDATES REQUIRED.— 7 (1) IN GENERAL.—The Attorney General upon 8 receiving notice pursuant to subsection (a)(1)(D) 9 shall ensure that the record in the National Instant 10 Criminal Background Check System is updated, cor- 11 rected, modified, or removed within 30 days of re- 12 ceipt. 13 (2) SPECIFIC INFORMATION REMOVED FROM 14 RECORD.—The Attorney General shall ensure that 15 the information submitted to the National Instant 16 Criminal Background Check System pursuant to 17 subsection (a)— 18 (A) with respect to an individual described 19 in paragraph (3) of subsection (a), is removed 20 from such system on the date described in the 21 second sentence of such paragraph; and 22 (B) with respect to an individual described 23 in paragraph (4) of subsection (a), is removed 24 VerDate Sep 11 2014 04:51 Jul 09, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3554.IH H3554 kjohnson on DSK79L0C42 with BILLS 10 •HR 3554 IH from such system on the date described in the 1 second sentence of such paragraph. 2 (c) ENFORCEMENT.— 3 (1) ATTORNEY GENERAL REPORT.— 4 (A) IN GENERAL.—Not later than January 5 31 of each year, the Attorney General shall sub- 6 mit to the Committee on the Judiciary of the 7 Senate and the Committee on the Judiciary of 8 the House of Representatives a report on the 9 progress of the States in implementing and 10 maintaining the reporting system described in 11 subparagraph (A) of subsection (a)(1) and 12 process described in subparagraph (B) of such 13 subsection, and in providing that information 14 pursuant to the requirements of subparagraphs 15 (C) and (D) of such subsection. 16 (B) AUTHORIZATION OF APPROPRIA- 17 TIONS.—There are authorized to be appro- 18 priated to the Department of Justice, such 19 funds as may be necessary to carry out sub- 20 paragraph (A). 21 (2) PENALTIES.— 22 (A) DISCRETIONARY REDUCTION.— 23 (i) For each year during the 2-year 24 period beginning 3 years after the date of 25 VerDate Sep 11 2014 04:51 Jul 09, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3554.IH H3554 kjohnson on DSK79L0C42 with BILLS 11 •HR 3554 IH enactment of this Act, the Attorney Gen- 1 eral may withhold not more than 3 percent 2 of the amount that would otherwise be al- 3 located to a State for such year under sec- 4 tion 505 of the Omnibus Crime Control 5 and Safe Streets Act of 1968 (42 U.S.C. 6 3755) if the State is not in compliance 7 with each requirement under subsection 8 (a)(1) with respect to such year. 9 (ii) For each year during the 5-year 10 period after the expiration of the period re- 11 ferred to in clause (i), the Attorney Gen- 12 eral may withhold not more than 4 percent 13 of the amount that would otherwise be al- 14 located to a State for such year under sec- 15 tion 505 of the Omnibus Crime Control 16 and Safe Streets Act of 1968 (42 U.S.C. 17 3755) if the State is not in compliance 18 with each requirement under subsection 19 (a)(1) with respect to such year. 20 (B) MANDATORY REDUCTION.—For each 21 year after the expiration of the periods referred 22 to in subparagraph (A), the Attorney General 23 shall withhold 5 percent of the amount that 24 would otherwise be allocated to a State for such 25 VerDate Sep 11 2014 04:51 Jul 09, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3554.IH H3554 kjohnson on DSK79L0C42 with BILLS 12 •HR 3554 IH year under section 505 of the Omnibus Crime 1 Control and Safe Streets Act of 1968 (42 2 U.S.C. 3755), if the State is not in compliance 3 with each requirement under subsection (a)(1) 4 with respect to such year. 5 (C) WAIVER BY ATTORNEY GENERAL.— 6 The Attorney General may waive the applica- 7 bility of subparagraph (B) to a State with re- 8 spect to the requirements described in subpara- 9 graphs (A), (B), and (C) of subsection (a)(1) if 10 the State provi [Text truncated for display. 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