Safer Communities Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 4199 To protect individuals by strengthening the Nation’s mental health infrastruc- ture, improving the understanding of violence, strengthening firearm prohibitions and protections for at-risk individuals, and improving and expanding the reporting of mental health records to the National Instant Criminal Background Check System. IN THE HOUSE OF REPRESENTATIVES AUGUST 20, 2019 Mr. THOMPSON of California (for himself and Mr. PERLMUTTER) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consider- ation of such provisions as fall within the jurisdiction of the committee concerned A BILL To protect individuals by strengthening the Nation’s mental health infrastructure, improving the understanding of vi- olence, strengthening firearm prohibitions and protec- tions for at-risk individuals, and improving and expand- ing the reporting of mental health records to the Na- tional Instant Criminal Background Check System. 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 22:51 Aug 20, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4199.IH H4199 kjohnson on DSK79L0C42 with BILLS 2 •HR 4199 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Safer Communities 2 Act of 2019’’. 3 SEC. 2. TABLE OF CONTENTS. 4 The table of contents of this Act is as follows: 5 Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Statement of purpose. TITLE I—STRENGTHENING AND IMPROVING INTERVENTION EFFORTS Sec. 101. Mental health crisis assessment, prevention, and education grant pro- gram. Sec. 102. School-based mental health programs. Sec. 103. High utilizers. TITLE II—IMPROVING RESEARCH ON VIOLENCE Sec. 201. Research with respect to violence. TITLE III—UNDERSTANDING THE EPIDEMIC OF GUN VIOLENCE Sec. 301. National violent death reporting system. Sec. 302. Reaffirming Centers for Disease Control and Prevention’s authority. Sec. 303. Protecting confidential doctor-patient relationship. TITLE IV—ENSURING SAFE COMMUNITIES Sec. 401. Ban on firearm possession by person committed involuntarily to men- tal institution on an outpatient basis. Sec. 402. Grant program regarding firearms. Sec. 403. Notification of State and local law enforcement authorities of attempt to purchase firearm by ineligible person. TITLE V—RESTORATION Sec. 501. Federal agency relief program. Sec. 502. State relief programs. Sec. 503. Ineligibility due to disqualifying mental status. TITLE VI—SUBMISSION OF RECORDS TO NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM Sec. 601. Reports relating to submission of information to NICS. Sec. 602. Reauthorization of the National Criminal History Records Improve- ment Program. Sec. 603. Improvement of metrics and incentives. Sec. 604. Grants to States to improve coordination and automation of NICS record reporting. Sec. 605. Sharing of records by Federal departments and agencies with NICS. VerDate Sep 11 2014 22:51 Aug 20, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H4199.IH H4199 kjohnson on DSK79L0C42 with BILLS 3 •HR 4199 IH SEC. 3. STATEMENT OF PURPOSE. 1 The purpose of this Act is to ensure the public safety 2 and welfare of communities by promoting evidence-based 3 approaches that will prevent the tragic toll of gun violence 4 on families and communities. This purpose can be accom- 5 plished by— 6 (1) strengthening and improving intervention 7 efforts by increasing investments in programs de- 8 signed to appropriately identify, respond to, treat, 9 and mitigate future behavioral health crises; 10 (2) prioritizing research on reducing the threat 11 of gun violence to self or others and identifying fur- 12 ther risk factors for violence, including gender, cul- 13 ture, substance abuse, and history of violence; and 14 (3) restricting gun access by individuals found 15 to be at an elevated risk of committing future acts 16 of violence against self or others. 17 TITLE I—STRENGTHENING AND 18 IMPROVING INTERVENTION 19 EFFORTS 20 SEC. 101. MENTAL HEALTH CRISIS ASSESSMENT, PREVEN- 21 TION, AND EDUCATION GRANT PROGRAM. 22 (a) DEFINITIONS.—For purposes of this section, the 23 following definitions shall apply: 24 VerDate Sep 11 2014 22:51 Aug 20, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4199.IH H4199 kjohnson on DSK79L0C42 with BILLS 4 •HR 4199 IH (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 1 ty’’ means a State, political subdivision of a State, 2 or nonprofit private entity. 3 (2) SECRETARY.—The term ‘‘Secretary’’ means 4 the Secretary of Health and Human Services. 5 (3) STATE.—The term ‘‘State’’ means each 6 State of the United States, the District of Columbia, 7 each commonwealth, territory, or possession of the 8 United States, and each federally recognized Indian 9 tribe. 10 (b) ESTABLISHMENT OF GRANT PROGRAM.— 11 (1) ESTABLISHMENT.—The Secretary shall es- 12 tablish a program to award grants to eligible entities 13 to carry out the activities described in paragraph 14 (2). 15 (2) USE OF FUNDS.— 16 (A) IN GENERAL.—Grants under this sec- 17 tion may be used to carry out programs that— 18 (i) expand early invention and treat- 19 ment services to improve access to mental 20 health crisis assistance and address unmet 21 mental health care needs; 22 (ii) expand the continuum of services 23 to address crisis intervention and crisis 24 stabilization; 25 VerDate Sep 11 2014 22:51 Aug 20, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4199.IH H4199 kjohnson on DSK79L0C42 with BILLS 5 •HR 4199 IH (iii) reduce recidivism due to mental 1 health crises and mitigate unnecessary ex- 2 penditures by local law enforcement; and 3 (iv) reduce unnecessary hospitaliza- 4 tions by appropriately utilizing community- 5 based services and improving access to 6 timely mental health crisis assistance. 7 (B) AUTHORIZED ACTIVITIES.—The pro- 8 grams described in subparagraph (A) may in- 9 clude any or all of the following activities: 10 (i) Mental health crisis intervention 11 and response training for law enforcement 12 (to increase officers’ understanding and 13 recognition of mental illnesses). 14 (ii) Mobile support that provides field- 15 based behavioral health assistance to law 16 enforcement and members of the commu- 17 nity and links individuals in crisis to ap- 18 propriate services. 19 (iii) School and community-based 20 early intervention and prevention programs 21 that provide mobile response, screening 22 and assessment, training and education, 23 and peer-based and family services. 24 VerDate Sep 11 2014 22:51 Aug 20, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4199.IH H4199 kjohnson on DSK79L0C42 with BILLS 6 •HR 4199 IH (3) APPLICATION.—To be considered for a 1 grant under this section, an eligible entity shall sub- 2 mit an application to the Secretary at such time, in 3 such manner, and containing such information as 4 the Secretary may require. At minimum, such appli- 5 cation shall include a description of— 6 (A) the activities to be funded with the 7 grant; 8 (B) community needs; 9 (C) the population to be served; and 10 (D) the interaction between the activities 11 described in subparagraph (A) and public sys- 12 tems of health and mental health care, law en- 13 forcement, social services, and related assist- 14 ance programs. 15 (4) SELECTING AMONG APPLICANTS.— 16 (A) IN GENERAL.—Grants shall be award- 17 ed to eligible entities on a competitive basis. 18 (B) SELECTION CRITERIA.—The Secretary 19 shall evaluate applicants based on such criteria 20 as the Secretary determines to be appropriate, 21 including the ability of an applicant to carry 22 out the activities described in paragraph (2). 23 (5) REPORTS.— 24 (A) ANNUAL REPORTS.— 25 VerDate Sep 11 2014 22:51 Aug 20, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4199.IH H4199 kjohnson on DSK79L0C42 with BILLS 7 •HR 4199 IH (i) ELIGIBLE ENTITIES.—As a condi- 1 tion of receiving a grant under this section, 2 an eligible entity shall agree to submit a 3 report to the Secretary, on an annual 4 basis, describing the activities carried out 5 with the grant and assessing the effective- 6 ness of such activities. 7 (ii) SECRETARY.—The Secretary 8 shall, on an annual basis, and using the re- 9 ports received under clause (i), report to 10 Congress on the overall impact and effec- 11 tiveness of the grant program under this 12 section. 13 (B) FINAL REPORT.—Not later than Janu- 14 ary 15, 2024, the Secretary shall submit to 15 Congress a final report that includes rec- 16 ommendations with respect to the feasibility 17 and advisability of extending or expanding the 18 grant program. 19 (6) COLLECTION OF DATA.— 20 (A) IN GENERAL.—The Secretary shall col- 21 lect data on the grant program to determine its 22 effectiveness in reducing the social impact of 23 mental health crises and the feasibility and ad- 24 visability of extending the grant program. 25 VerDate Sep 11 2014 22:51 Aug 20, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4199.IH H4199 kjohnson on DSK79L0C42 with BILLS 8 •HR 4199 IH (B) MANNER OF COLLECTION.—Data de- 1 scribed in subparagraph (A) shall be collected 2 and analyzed using a scientific peer-reviewed 3 system and valid and reliable results-based re- 4 search methodologies. 5 (c) FUNDING.— 6 (1) GRANT AMOUNT.—A grant under this sec- 7 tion shall be in an amount that is not more than 8 $100,000 for each of fiscal years 2020 through 9 2024. Subject to the preceding sentence, the Sec- 10 retary shall determine the amount of each grant. 11 (2) AUTHORIZATION OF APPROPRIATIONS.— 12 There is authorized to be appropriated to carry out 13 this section $10,000,000 for each of fiscal years 14 2020 though 2024. 15 SEC. 102. SCHOOL-BASED MENTAL HEALTH PROGRAMS. 16 (a) TECHNICAL AMENDMENTS.—The second part G 17 (relating to services provided through religious organiza- 18 tions) of title V of the Public Health Service Act (42 19 U.S.C. 290kk et seq.) is amended— 20 (1) by redesignating such part as part J; and 21 (2) by redesignating sections 581 through 584 22 as sections 596 through 596C, respectively. 23 (b) SCHOOL-BASED MENTAL HEALTH AND CHIL- 24 DREN AND VIOLENCE.—Section 581 of the Public Health 25 VerDate Sep 11 2014 22:51 Aug 20, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4199.IH H4199 kjohnson on DSK79L0C42 with BILLS 9 •HR 4199 IH Service Act (42 U.S.C. 290hh) is amended to read as fol- 1 lows: 2 ‘‘SEC. 581. SCHOOL-BASED MENTAL HEALTH AND CHIL- 3 DREN AND VIOLENCE. 4 ‘‘(a) IN GENERAL.—The Secretary, in collaboration 5 with the Secretary of Education and in consultation with 6 the Attorney General, shall, directly or through grants, 7 contracts, or cooperative agreements awarded to public en- 8 tities and local education agencies, assist local commu- 9 nities and schools in applying a public health approach 10 to mental health services both in schools and in the com- 11 munity. Such approach should provide comprehensive age- 12 appropriate services and supports, be linguistically and 13 culturally appropriate, be trauma-informed, and incor- 14 porate age-appropriate strategies of positive behavioral 15 interventions and supports. A comprehensive school men- 16 tal health program funded under this section shall assist 17 children in dealing with trauma and violence. 18 ‘‘(b) ACTIVITIES.—Under the program under sub- 19 section (a), the Secretary may— 20 ‘‘(1) provide financial support to enable local 21 communities to implement a comprehensive cul- 22 turally and linguistically appropriate, trauma-in- 23 formed, and age-appropriate, school mental health 24 program that incorporates positive behavioral inter- 25 VerDate Sep 11 2014 01:58 Aug 21, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4199.IH H4199 kjohnson on DSK79L0C42 with BILLS 10 •HR 4199 IH ventions, client treatment, and supports to foster the 1 health and development of children; 2 ‘‘(2) provide technical assistance to local com- 3 munities with respect to the development of pro- 4 grams described in paragraph (1); 5 ‘‘(3) provide assistance to local communities in 6 the development of policies to address child and ado- 7 lescent trauma and mental health issues and violence 8 when and if it occurs; 9 ‘‘(4) facilitate community partnerships among 10 families, students, law enforcement agencies, edu- 11 cation systems, mental health and substance use dis- 12 order service systems, family-based mental health 13 service systems, welfare agencies, health care service 14 systems (including physicians), faith-based pro- 15 grams, trauma networks, and other community- 16 based systems; and 17 ‘‘(5) establish mechanisms for children and ado- 18 lescents to report incidents of violence or plans by 19 other children, adolescents, or adults to commit vio- 20 lence. 21 ‘‘(c) REQUIREMENTS.— 22 ‘‘(1) IN GENERAL.—To be eligible for a grant, 23 contract, or cooperative agreement under subsection 24 (a), an entity shall— 25 VerDate Sep 11 2014 22:51 Aug 20, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4199.IH H4199 kjohnson on DSK79L0C42 with BILLS 11 •HR 4199 IH ‘‘(A) be a partnership between a local edu- 1 cation agency and at least one community pro- 2 gram or agency that is involved in mental 3 health; and 4 ‘‘(B) submit an application, that is en- 5 dorsed by all members of the partnership, that 6 contains the assurances described in paragraph 7 (2). 8 ‘‘(2) REQUIRED ASSURANCES.—An application 9 under paragraph (1) shall contain assurances as fol- 10 lows: 11 ‘‘(A) That the applicant will ensure that, 12 in carrying out activities under this section, the 13 local educational agency involved will enter into 14 a memorandum of understanding— 15 ‘‘(i) with at least one public or private 16 mental health entity, health care entity, 17 law enforcement or juvenile justice entity, 18 child welfare agency, family-based mental 19 health entity, family or family organiza- 20 tion, trauma network, or other community- 21 based entity; and 22 ‘‘(ii) that clearly states— 23 ‘‘(I) how school-employed mental 24 health professionals (such as school 25 VerDate Sep 11 2014 22:51 Aug 20, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4199.IH H4199 kjohnson on DSK79L0C42 with BILLS 12 •HR 4199 IH psychologists, school counselors, and 1 school social workers) will be utilized 2 in the comprehensive school mental 3 health program; 4 ‘‘(II) the responsibilities of each 5 partner with respect to the activities 6 to be [Text truncated for display. 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