To address gun violence and improve the availability of records to the National Instant Criminal Background Check System.

SA 4751. Mr. McCONNELL (for Mr. Grassley) proposed an amendment to
amendment SA 4750 proposed by Mr. McConnell (for Mr. Murphy (for
himself, Mr. Booker, Mr. Blumenthal, Mr. Schumer, and Mr. Cardin)) to
the bill H.R. 2578, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2016, and for other purposes; as follows:

At the appropriate place, insert the following:

TITLE __--PROTECTING COMMUNITIES AND PRESERVING THE SECOND AMENDMENT

SEC. _01. SHORT TITLE.

This title may be cited as the ``Protecting Communities and
Preserving the Second Amendment Act of 2016''.

SEC. _02. DEFINITIONS.

In this title--
(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.

SEC. _03. 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
$125,000,000 for each of fiscal years 2016 through 2020.'';
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)''.

SEC. _04. 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. _05. DEFINITIONS RELATING TO MENTAL HEALTH.

(a) Title 18 Definitions.--Chapter 44 of title 18, United
States Code, is amended--
(1) in section 921(a), by adding at the end the following:
``(36)(A) Subject to subparagraph (B), the term `has been
adjudicated mentally incompetent or has been committed to a
psychiatric hospital', with respect to a person--
``(i) means the person is the subject of an order or
finding by a judicial officer, court, board, commission, or
other adjudicative body--
``(I) that was issued after--
``(aa) a hearing--

``(AA) of which the person received actual notice; and
``(BB) at which the person had an opportunity to
participate with counsel; or

``(bb) the person knowingly and intelligently waived the
opportunity for a hearing--

``(AA) of which the person received actual notice; and
``(BB) at which the person would have had an opportunity to
participate with counsel; and

``(II) that found that the person, as a result of marked
subnormal intelligence, mental impairment, mental illness,
incompetency, condition, or disease--
``(aa) was a danger to himself or herself or to others;

[[Page S4318]]

``(bb) was guilty but mentally ill in a criminal case, in a
jurisdiction that provides for such a verdict;
``(cc) was not guilty in a criminal case by reason of
insanity or mental disease or defect;
``(dd) was incompetent to stand trial in a criminal case;
``(ee) was not guilty by reason of lack of mental
responsibility under section 850a of title 10 (article 50a of
the Uniform Code of Military Justice);
``(ff) required involuntary inpatient treatment by a
psychiatric hospital for any reason, including substance
abuse; or
``(gg) required involuntary outpatient treatment by a
psychiatric hospital based on a finding that the person is a
danger to himself or herself or to others; and
``(ii) does not include--
``(I) an admission to a psychiatric hospital for
observation; or
``(II) a voluntary admission to a psychiatric hospital.
``(B) In this paragraph, the term `order or finding' does
not include--
``(i) an order or finding that has expired, has been set
aside, has been expunged, or is otherwise no longer
applicable because a judicial officer, court, board,
commission, adjudicative body, or appropriate official has
found that the person who is the subject of the order or
finding--
``(I) does not present a danger to himself or herself or to
others;
``(II) has been restored to sanity or cured of mental
disease or defect;
``(III) has been restored to competency; or
``(IV) no longer requires involuntary inpatient or
outpatient treatment by a psychiatric hospital, and the
person is not a danger to himself, herself, or others; or
``(ii) an order or finding with respect to which the person
who is subject to the order or finding has been granted
relief from disabilities under section 925(c), under a
program described in section 101(c)(2)(A) or 105 of the NICS
Improvement Amendments Act of 2007 (18 U.S.C. 922 note), or
under any other State-authorized relief from disabilities
program of the State in which the original commitment or
adjudication occurred.
``(37) The term `psychiatric hospital' includes a mental
health facility, a mental hospital, a sanitarium, a
psychiatric facility, and any other facility that provides
diagnoses or treatment by licensed professionals of mental
retardation or mental illness, including a psychiatric ward
in a general hospital.''; and
(2) in section 922--
(A) in subsection (d)(4)--
(i) by striking ``as a mental defective'' and inserting
``mentally incompetent''; and
(ii) by striking ``any mental institution'' and inserting
``a psychiatric hospital''; and
(B) in subsection (g)(4)--
(i) by striking ``as a mental defective or who has'' and
inserting ``mentally incompetent or has''; and
(ii) by striking ``mental institution'' and inserting
``psychiatric hospital''.
(b) Technical and Conforming Amendments.--The NICS
Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is
amended--
(1) by striking ``as a mental defective'' each place that
term appears and inserting ``mentally incompetent'';
(2) by striking ``mental institution'' each place that term
appears and inserting ``psychiatric hospital'';
(3) in section 101(c)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``to the mental health of a person'' and
inserting ``to whether a person is mentally incompetent'';
and
(B) in paragraph (2)--
(i) in subparagraph (A)(i), by striking ``to the mental
health of a person'' and inserting ``to whether a person is
mentally incompetent''; and
(ii) in subparagraph (B), by striking ``to the mental
health of a person'' and inserting ``to whether a person is
mentally incompetent''; and
(4) in section 102(c)(3)--
(A) in the paragraph heading, by striking ``as a mental
defective or committed to a mental institution'' and
inserting ``mentally incompetent or committed to a
psychiatric hospital''; and
(B) by striking ``mental institutions'' and inserting
``psychiatric hospitals''.

SEC. _06. 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. _07. REPORTS AND CERTIFICATIONS TO CONGRESS.

(a) NICS Reports.--Not later than October 1, 2016, 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 on February 1, 2017, and
on February 1 of each year thereafter through 2026, 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 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 section 922 or 924 of title 18,
United States Code, or 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 section 922 or
924 of title 18, United States Code, or 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 section 922 or
924 of title 18, United States Code, or 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
section 922 or 924 of title 18, United States Code, or
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 section 922 or 924 of title 18, United States
Code, or 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
section 922 or 924 of title 18, United States Code, or
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 section 922 or 924 of title 18, United States
Code, or section

[[Page S4319]]

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
section 922 or 924 of title 18, United States Code, or
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 section 922 or 924 of title 18, United States
Code, or 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. _08. 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. _09. 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 Director
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. _10. 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 submit to the Speaker of the House of Representatives,
the President Pro Tempore of the Senate, and the Chairs and
Ranking Members of the Committee on Appropriations of the
Senate, the Committee on the Judiciary of the Senate, the
Committee on Homeland Security and Governmental Affairs of
the Senate, the Committee on Appropriations of the House of
Representatives, the Committee on the Judiciary of the House
of Representatives, the Committee on Homeland Security of the
House of Representatives, and the Committee on Oversight and
Government Reform of the House of Representatives a report
that includes--
(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. _11. INCENTIVES FOR STATE COMPLIANCE WITH NICS MENTAL
HEALTH RECORD REQUIREMENTS.

Section 104(b) of the NICS Improvement Amendments Act of
2007 (18 U.S.C. 922 note) is amended--
(1) by striking paragraphs (1) and (2);
(2) by redesignating paragraph (3) as paragraph (2);
(3) in paragraph (2), as redesignated, by striking ``of
paragraph (2)'' and inserting ``of paragraph (1)''; and
(4) by inserting before paragraph (2), as redesignated, the
following:
``(1) Incentives for providing mental health records and
fixing the background check system.--
``(A) Definition of compliant state.--In this paragraph,
the term `compliant State' means a State that has--
``(i) provided not less than 90 percent of the records
required to be provided under sections 102 and 103; or
``(ii) in effect a statute that--

``(I) requires the State to provide the records required to
be provided under sections 102 and 103; and
``(II) implements a relief from disabilities program in
accordance with section 105.

``(B) Incentives for compliance.--During the period
beginning on the date that is 18 months after the date of
enactment of the Protecting Communities and Preserving the
Second Amendment Act of 2016 and ending on the date that is 5
years after the date of enactment of such Act, the Attorney
General--
``(i) shall use funds appropriated to carry out section 103
of this Act, the excess unobligated balances of the
Department of Justice and funds withheld under clause (ii),
or any combination thereof, to increase the amounts available
under section 505 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3755) for each compliant
State in an amount that is not less than 2 percent nor more
than 5 percent of the amount that was allocated to such State
under such section 505 in the previous fiscal year; and
``(ii) may withhold an amount not to exceed the amount
described in clause (i) that would otherwise be allocated to
a State under any section of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) if the
State--

``(I) is not a compliant State; and
``(II) does not submit an assurance to the Attorney General
that--

``(aa) an amount that is not less than the amount described
in clause (i) will be used solely for the purpose of enabling
the State to become a compliant State; or
``(bb) the State will hold in abeyance an amount that is
not less than the amount described in clause (i) until such
State has become a compliant State.
``(C) Regulations.--Not later than 180 days after the date
of enactment of the Protecting Communities and Preserving the
Second Amendment Act of 2016, the Attorney General shall
issue regulations implementing this paragraph.''.

SEC. _12. NOTIFICATION OF PROSPECTIVE FIREARM TRANSFERS TO
KNOWN OR SUSPECTED TERRORISTS.

The Attorney General shall establish a process by which the
Attorney General and Federal, State, and local law
enforcement are immediately notified, as appropriate, of any
request to transfer a firearm or explosive to a person who
is, or within the previous 5 years was, investigated as a
known or suspected terrorist.
______