[Pages S4317-S4319]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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.
                                 ______