mental health gun measure
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(Original Signature of Member)
113 TH CONGRESS2D SESSION H. R. ll
To protect individuals by strengthening the Nations mental health infrastruc-ture, improving the understanding of violence, strengthening firearmprohibitions and protections for at-risk individuals, and improving andexpanding the reporting of mental health records to the National InstantCriminal Background Check System.
IN THE HOUSE OF REPRESENTATIVES
Mr. T HOMPSON of California introduced the following bill; which was referredto the Committee on llllllllllllll
A BILL To protect individuals by strengthening the Nations 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
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2SECTION 1. SHORT TITLE.1
This Act may be cited as the Promoting Healthy2
Minds for Safer Communities Act of 2014.3
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.
TITLE ISTRENGTHENING AND IMPROVING INTERVENTIONEFFORTS
Sec. 101. Mental health crisis assessment, prevention, and education grant pro-gram.
Sec. 102. School-based mental health programs.
Sec. 103. Justice and mental health collaboration.
TITLE IIIMPROVING MENTAL HEALTH RESEARCH
Sec. 201. Research with respect to violence.
TITLE IIIUNDERSTANDING THE EPIDEMIC OF GUN VIOLENCE
Sec. 301. National violent death reporting system.Sec. 302. Reaffirming Centers for Disease Controls authority.Sec. 303. Protecting confidential doctor-patient relationship.
TITLE IVMENTAL HEALTH AND ACCESS TO FIREARMS
Sec. 401. Ban on firearm possession by person committed involuntarily to men-tal institution on an outpatient basis.Sec. 402. Ban on firearm possession by person convicted of misdemeanor stalk-
ing; expansion of scope of misdemeanor crime of domestic vio-lence.
Sec. 403. Expansion of definition of intimate partner.Sec. 404. Grant program regarding firearms.Sec. 405. Notification of State and local law enforcement authorities of attempt
to purchase firearm by ineligible person.
TITLE VRESTORATION
Sec. 501. Federal agency relief program.Sec. 502. State relief programs.Sec. 503. General Federal relief.
TITLE VISUBMISSION OF MENTAL HEALTH RECORDS TONATIONAL 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.
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3Sec. 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.Sec. 606. Rule making to permit submission of mental health records to the na-
tional instant criminal background check system pursuant tothe Health Insurance Portability and Accountability Act.
TITLE ISTRENGTHENING AND1IMPROVING INTERVENTION2EFFORTS3
SEC. 101. MENTAL HEALTH CRISIS ASSESSMENT, PREVEN-4
TION, AND EDUCATION GRANT PROGRAM.5
(a) D EFINITIONS .For purposes of this section, the6
following definitions shall apply:7
(1) E LIGIBLE ENTITY .The term eligible enti-8
ty means a State, political subdivision of a State,9
or nonprofit private entity.10
(2) S ECRETARY .The term Secretary means11
the Secretary of Health and Human Services.12
(3) S TATE .The term State means each13
State of the United States, the District of Columbia,14
each commonwealth, territory or possession of the15
United States, and each federally recognized Indian16
tribe.17
(b) ESTABLISHMENT OF
GRANT
PROGRAM
.18
(1) E STABLISHMENT .The Secretary shall es-19
tablish a program to award grants to eligible entities20
to carry out the activities described in paragraph21
(2).22
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(2) U SE OF FUNDS .1
(A) I N GENERAL .Grants under this sec-2
tion may be used to carry out programs that3
(i) expand early invention and treat-4
ment services to improve access to mental5
health crisis assistance and address unmet6
mental health care needs;7
(ii) expand the continuum of services8
to address crisis intervention and crisis9
stabilization;10
(iii) reduce recidivism due to mental11
health crises and mitigate unnecessary ex-12
penditures by local law enforcement; and13
(iv) reduce unnecessary hospitaliza-14
tions by appropriately utilizing community-15
based services and improving access to16
timely mental health crisis assistance.17
(B) A UTHORIZED ACTIVITIES .The pro-18
grams described in subparagraph (A) may in-19
clude any or all of the following activities:20
(i) Mental health crisis intervention21
and response training for law enforcement22
(to increase officers understanding and23
recognition of mental illnesses).24
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(ii) Mobile support that provides field-1
based behavioral health assistance to law2
enforcement and members of the commu-3
nity and links individuals in crisis to ap-4
propriate services.5
(iii) School and community-based6
early intervention and prevention programs7
that provide mobile response, screening8
and assessment, training and education,9
and peer-based and family services.10
(3) A PPLICATION .To be considered for a11
grant under this section, an eligible entity shall sub-12
mit an application to the Secretary at such time, in13
such manner, and containing such information as14
the Secretary may require. At minimum, such appli-15
cation shall include a description of16
(A) the activities to be funded with the17
grant;18
(B) community needs;19
(C) the population to be served;20
(D) the interaction between the activities21
described in subparagraph (A) and public sys-22
tems of health and mental health care, law en-23
forcement, social services, and related assist-24
ance programs.25
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(4) S ELECTING AMONG APPLICANTS .1
(A) I N GENERAL .Grants shall be award-2
ed to eligible entities on a competitive basis.3
(B) S ELECTION CRITERIA .The Secretary4
shall evaluate applicants based on such criteria5
as the Secretary determines to be appropriate,6
including the ability of an applicant to carry7
out the activities described in paragraph (2).8
(5) R EPORTS .9
(A) A NNUAL REPORTS .10
(i) E LIGIBLE ENTITIES .As a condi-11
tion of receiving a grant under this section,12
an eligible entity shall agree to submit a13
report to the Secretary, on an annual14
basis, describing the activities carried out15
with the grant and assessing the effective-16
ness of such activities.17
(ii) S ECRETARY .The Secretary18
shall, on an annual basis, and using the re-19
ports received under clause (i), report to20
Congress on the overall impact and effec-21
tiveness of the grant program under this22
section.23
(B) F INAL REPORT .Not later than Janu-24
ary 15, 2019, the Secretary shall submit to25
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Congress a final report that includes rec-1
ommendations with respect to the feasibility2
and advisability of extending or expanding the3
grant program.4
(6) C OLLECTION OF DATA .5
(A) I N GENERAL .The Secretary shall col-6
lect data on the grant program to determine its7
effectiveness in reducing the social impact of8
mental health crises and the feasibility and ad-9
visability of extending the grant program.10
(B) M ANNER OF COLLECTION .Data de-11
scribed in subparagraph (A) shall be collected12
and analyzed using a scientific peer-reviewed13
system and valid and reliable results-based re-14
search methodologies.15
(c) F UNDING .16
(1) G RANT AMOUNT .A grant under this sec-17
tion shall be in an amount that is not more than18
$100,000 for each of fiscal years 2015 through19
2019. Subject to the preceding sentence, the Sec-20
retary shall determine the amount of each grant.21
(2) A UTHORIZATION OF APPROPRIATIONS .22
There is authorized to be appropriated to carry out23
this section $10,000,000 for each of fiscal years24
2015 through 2019.25
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8SEC. 102. SCHOOL-BASED MENTAL HEALTH PROGRAMS.1
(a) T ECHNICAL A MENDMENTS .The second part G2
(relating to services provided through religious organiza-3
tions) of title V of the Public Health Service Act (424
U.S.C. 290kk et seq.) is amended5
(1) by redesignating such part as part J; and6
(2) by redesignating sections 581 through 5847
as sections 596 through 596C, respectively.8
(b) S CHOOL -B ASED MENTAL H EALTH AND CHIL -9
DREN AND V IOLENCE .Section 581 of the Public Health10
Service Act (42 U.S.C. 290hh) is amended to read as fol-11
lows:12
SEC. 581. SCHOOL-BASED MENTAL HEALTH AND CHIL-13
DREN AND VIOLENCE.14
(a) I N GENERAL .The Secretary, in collaboration15
with the Secretary of Education and in consultation with16
the Attorney General, shall, directly or through grants,17
contracts, or cooperative agreements awarded to public en-18
tities and local education agencies, assist local commu-19
nities and schools in applying a public health approach20
to mental health services both in schools and in the com-21
munity. Such approach should provide comprehensive age-22
appropriate services and supports, be linguistically and23
culturally appropriate, be trauma-informed, and incor-24
porate age-appropriate strategies of positive behavioral25
interventions and supports. A comprehensive school men-26
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tal health program funded under this section shall assist1
children in dealing with trauma and violence.2
(b) A CTIVITIES .Under the program under sub-3
section (a), the Secretary may4
(1) provide financial support to enable local5
communities to implement a comprehensive cul-6
turally and linguistically appropriate, trauma-in-7
formed, and age-appropriate, school mental health8
program that incorporates positive behavioral inter-9
ventions, client treatment, and supports to foster the10
health and development of children;11
(2) provide technical assistance to local com-12
munities with respect to the development of pro-13
grams described in paragraph (1);14
(3) provide assistance to local communities in15
the development of policies to address child and ado-16
lescent trauma and mental health issues and violence17
when and if it occurs;18
(4) facilitate community partnerships among19
families, students, law enforcement agencies, edu-20
cation systems, mental health and substance use dis-21
order service systems, family-based mental health22
service systems, welfare agencies, health care service23
systems (including physicians), faith-based pro-24
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grams, trauma networks, and other community-1
based systems; and2
(5) establish mechanisms for children and ado-3
lescents to report incidents of violence or plans by4
other children, adolescents, or adults to commit vio-5
lence.6
(c) R EQUIREMENTS .7
(1) I N GENERAL .To be eligible for a grant,8
contract, or cooperative agreement under subsection9
(a), an entity shall10
(A) be a partnership between a local edu-11
cation agency and at least one community pro-12
gram or agency that is involved in mental13
health; and14
(B) submit an application, that is en-15
dorsed by all members of the partnership, that16
contains the assurances described in paragraph17
(2).18
(2) R EQUIRED ASSURANCES .An application19
under paragraph (1) shall contain assurances as fol-20
lows:21
(A) That the applicant will ensure that,22
in carrying out activities under this section, the23
local educational agency involved will enter into24
a memorandum of understanding25
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(i) with at least one public or private1
mental health entity, health care entity,2
law enforcement or juvenile justice entity,3
child welfare agency, family-based mental4
health entity, family or family organiza-5
tion, trauma network, or other community-6
based entity; and7
(ii) that clearly states8
(I) how school-employed mental9
health professionals (such as school10
psychologists, school counselors, and11
school social workers) will be utilized12
in the comprehensive school mental13
health program;14
(II) the responsibilities of each15
partner with respect to the activities16
to be carried out;17
(III) how each such partner will18
be accountable for carrying out such19
responsibilities; and20
(IV) the amount of non-Federal21
funding or in-kind contributions that22
each such partner will contribute in23
order to sustain the program.24
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(B) That the comprehensive school-based1
mental health program carried out under this2
section supports the flexible use of funds to ad-3
dress4
(i) the promotion of the social, emo-5
tional, mental, and behavioral health and6
wellness of all students in an environment7
that is conducive to learning;8
(ii) the reduction in the likelihood of9
at risk students developing social, emo-10
tional, mental, and behavioral health prob-11
lems, or substance use disorders;12
(iii) the early identification of social,13
emotional, mental, and behavioral prob-14
lems, or substance use disorders and the15
provision of early intervention services;16
(iv) the treatment or referral for17
treatment of students with existing social,18
emotional, mental, and behavioral health19
problems, or substance use disorders; and20
(v) the development and implementa-21
tion of programs to assist children in deal-22
ing with trauma and violence.23
(C) That the comprehensive school-based24
mental health program carried out under this25
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section will provide for in-service training of all1
school personnel, including ancillary staff and2
volunteers, in3
(i) the techniques and supports need-4
ed to identify early children with trauma5
histories and children with, or at risk of,6
mental illness;7
(ii) the use of referral mechanisms8
that effectively link such children to appro-9
priate treatment and intervention services10
in the school and in the community and to11
follow-up when services are not available;12
(iii) strategies that promote the so-13
cial, emotional, mental, and behavioral14
health and wellness of all students;15
(iv) strategies for promoting the so-16
cial, emotional, mental, and behavioral17
health of all students; and18
(v) strategies to increase the knowl-19
edge and skills of school and community20
leaders about the impact of trauma and vi-21
olence and on the application of a public22
health approach to comprehensive school-23
based mental health programs.24
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(D) That the comprehensive school-based1
mental health program carried out under this2
section will include comprehensive training for3
parents, siblings, and other family members of4
children with mental health disorders, and for5
concerned members of the community in6
(i) the techniques and supports need-7
ed to identify early children with trauma8
histories, and children with, or at risk of,9
mental illness;10
(ii) the use of referral mechanisms11
that effectively link such children to appro-12
priate treatment and intervention services13
in the school and in the community and14
follow-up when such services are not avail-15
able; and16
(iii) strategies that promote a school-17
wide positive environment.18
(E) That the comprehensive school-based19
mental health program carried out under this20
section will demonstrate the measures to be21
taken to sustain the program after funding22
under this section terminates.23
(F) That the local education agency part-24
nership involved is supported by the State edu-25
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cational and mental health system to ensure1
that the sustainability of the programs is estab-2
lished after funding under this section termi-3
nates.4
(G) That the comprehensive school-based5
mental health program carried out under this6
section will be based on trauma-informed and7
evidence-based practices.8
(H) That the comprehensive school-based9
mental health program carried out under this10
section will be coordinated with early inter-11
vening activities carried out under the Individ-12
uals with Disabilities Education Act.13
(I) That the comprehensive school-based14
mental health program carried out under this15
section will be trauma-informed and culturally16
and linguistically appropriate.17
(J) That the comprehensive school-based18
mental health program carried out under this19
section will include a broad needs assessment of20
youth who drop out of school due to policies of21
zero tolerance with respect to drugs, alcohol,22
or weapons and an inability to obtain appro-23
priate services.24
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(K) That the mental health services pro-1
vided through the comprehensive school-based2
mental health program carried out under this3
section will be provided by qualified mental and4
behavioral health professionals who are certified5
or licensed by the State involved and practicing6
within their area of expertise.7
(3) C OORDINATOR .Any entity that is a8
member of a partnership described in paragraph9
(1)(A) may serve as the coordinator of funding and10
activities under the grant if all members of the part-11
nership agree.12
(4) C OMPLIANCE WITH HIPAA .A grantee13
under this section shall be deemed to be a covered14
entity for purposes of compliance with the regula-15
tions promulgated under section 264(c) of the16
Health Insurance Portability and Accountability Act17
of 1996 with respect to any patient records devel-18
oped through activities under the grant.19
(d) G EOGRAPHICAL D ISTRIBUTION .The Secretary20
shall ensure that grants, contracts, or cooperative agree-21
ments under subsection (a) will be distributed equitably22
among the regions of the country and among urban and23
rural areas.24
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(e) D URATION OF A WARDS .With respect to a1
grant, contract, or cooperative agreement under sub-2
section (a), the period during which payments under such3
an award will be made to the recipient shall be 6 years.4
An entity may receive only one award under this section,5
except that an entity that is providing services and sup-6
ports on a regional basis may receive additional funding7
after the expiration of the preceding grant period.8
(f) E VALUATION AND MEASURES OF OUTCOMES .9
(1) D EVELOPMENT OF PROCESS .The Ad-10
ministrator shall develop a fiscally appropriate proc-11
ess for evaluating activities carried out under this12
section. Such process shall include13
(A) the development of guidelines for the14
submission of program data by grant, contract,15
or cooperative agreement recipients;16
(B) the development of measures of out-17
comes (in accordance with paragraph (2)) to be18
applied by such recipients in evaluating pro-19
grams carried out under this section; and20
(C) the submission of annual reports by21
such recipients concerning the effectiveness of22
programs carried out under this section.23
(2) M EASURES OF OUTCOMES .24
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(A) I N GENERAL .The Administrator1
shall develop measures of outcomes to be ap-2
plied by recipients of assistance under this sec-3
tion, and the Administrator, in evaluating the4
effectiveness of programs carried out under this5
section. Such measures shall include student6
and family measures as provided for in sub-7
paragraph (B) and local educational measures8
as provided for under subparagraph (C).9
(B) S TUDENT AND FAMILY MEASURES OF 10
OUTCOMES .The measures of outcomes devel-11
oped under paragraph (1)(B) relating to stu-12
dents and families shall, with respect to activi-13
ties carried out under a program under this14
section, at a minimum include provisions to15
evaluate whether the program is effective in16
(i) improving social, emotional, men-17
tal, and behavioral health and wellness;18
(ii) increasing academic competency19
(as defined by Secretary);20
(iii) reducing disruptive and aggres-21
sive behaviors;22
(iv) improving child functioning;23
(v) reducing substance use disorders;24
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(iv) the effectiveness of training and1
professional development programs for all2
school personnel that incorporate indica-3
tors that measure cultural and linguistic4
competencies under the program in a man-5
ner that incorporates appropriate cultural6
and linguistic training;7
(v) the improvement in perception of8
a safe and supportive learning environment9
among school staff, students, and parents;10
(vi) the improvement in case-finding11
of students in need of more intensive serv-12
ices and referral of identified students to13
early intervention and clinical services;14
(vii) the improvement in the imme-15
diate availability of clinical assessment and16
treatment services within the context of17
the local community to students posing a18
danger to themselves or others;19
(viii) the increased successful matric-20
ulation to postsecondary school; and21
(ix) reduced referrals to juvenile jus-22
tice.23
(3) S UBMISSION OF ANNUAL DATA .An entity24
that receives a grant, contract, or cooperative agree-25
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ment under this section shall annually submit to the1
Administrator a report that includes data to evalu-2
ate the success of the program carried out by the en-3
tity based on whether such program is achieving the4
purposes of the program. Such reports shall utilize5
the measures of outcomes under paragraph (2) in a6
reasonable manner to demonstrate the progress of7
the program in achieving such purposes.8
(4) E VALUATION BY ADMINISTRATOR .Based9
on the data submitted under paragraph (3), the Ad-10
ministrator shall annually submit to Congress a re-11
port concerning the results and effectiveness of the12
programs carried out with assistance received under13
this section.14
(5) L IMITATION .A grantee shall use not to15
exceed 10 percent of amounts received under a grant16
under this section to carry out evaluation activities17
under this subsection.18
(g) I NFORMATION AND E DUCATION .The Sec-19
retary shall establish comprehensive information and edu-20
cation programs to disseminate the findings of the knowl-21
edge development and application under this section to the22
general public and to health care professionals.23
(h) A MOUNT OF GRANTS AND A UTHORIZATION OF 24
A PPROPRIATIONS .25
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(1) A MOUNT OF GRANTS .A grant under this1
section shall be in an amount that is not more than2
$1,000,000 for each of grant years 2013 through3
2017. The Secretary shall determine the amount of4
each such grant based on the population of children5
up to age 21 of the area to be served under the6
grant.7
(2) A UTHORIZATION OF APPROPRIATIONS .8
There is authorized to be appropriated to carry out9
this section, $200,000,000 for each of fiscal years10
2013 through 2017..11
(c) C ONFORMING A MENDMENT .Part G of title V of12
the Public Health Service Act (42 U.S.C. 290hh et seq.),13
as amended by this section, is further amended by striking14
the part heading and inserting the following:15
PART GSCHOOL-BASED MENTAL HEALTH.16
SEC. 103. JUSTICE AND MENTAL HEALTH COLLABORATION.17
(a) A SSISTING V ETERANS .18
(1) R EDESIGNATION .Section 2991 of the Om-19
nibus Crime Control and Safe Streets Act of 196820
(42 U.S.C. 3797aa) is amended by redesignating21
subsection (i) as subsection (l).22
(2) A SSISTING VETERANS .Section 2991 of the23
Omnibus Crime Control and Safe Streets Act of24
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1968 (42 U.S.C. 3797aa) is amended by inserting1
after subsection (h) the following:2
(i) A SSISTING V ETERANS .3
(1) D EFINITIONS .In this subsection:4
(A) P EER TO PEER SERVICES OR PRO -5
GRAMS .The term peer to peer services or6
programs means services or programs that con-7
nect qualified veterans with other veterans for8
the purpose of providing support and9
mentorship to assist qualified veterans in ob-10
taining treatment, recovery, stabilization, or re-11
habilitation.12
(B) Q UALIFIED VETERAN .The term13
qualified veteran means a preliminarily quali-14
fied offender who15
(i) has served on active duty in any16
branch of the Armed Forces, including the17
National Guard and reserve components;18
and19
(ii) was discharged or released from20
such service under conditions other than21
dishonorable.22
(C) V ETERANS TREATMENT COURT PRO -23
GRAM .The term veterans treatment court24
program means a court program involving col-25
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laboration among criminal justice, veterans, and1
mental health and substance abuse agencies2
that provides qualified veterans with3
(i) intensive judicial supervision and4
case management, which may include ran-5
dom and frequent drug testing where ap-6
propriate;7
(ii) a full continuum of treatment8
services, including mental health services,9
substance abuse services, medical services,10
and services to address trauma;11
(iii) alternatives to incarceration; or12
(iv) other appropriate services, which13
may include housing, transportation, men-14
toring, employment, job training, edu-15
cation, and assistance in applying for and16
obtaining available benefits.17
(2) V ETERANS ASSISTANCE PROGRAM .18
(A) I N GENERAL .The Attorney General,19
in consultation with the Secretary of Veterans20
Affairs, may award grants under this sub-21
section to applicants to establish or expand22
(i) veterans treatment court pro-23
grams;24
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(ii) peer to peer services or programs1
for qualified veterans;2
(iii) practices that identify and pro-3
vide treatment, rehabilitation, legal, transi-4
tional, and other appropriate services to5
qualified veterans who have been incarcer-6
ated; and7
(iv) training programs to teach8
criminal justice, law enforcement, correc-9
tions, mental health, and substance abuse10
personnel how to identify and appro-11
priately respond to incidents involving12
qualified veterans.13
(B) P RIORITY .In awarding grants14
under this subsection, the Attorney General15
shall give priority to applications that16
(i) demonstrate collaboration be-17
tween and joint investments by criminal18
justice, mental health, substance abuse,19
and veterans service agencies;20
(ii) promote effective strategies to21
identify and reduce the risk of harm to22
qualified veterans and public safety; and23
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(iii) propose interventions with em-1
pirical support to improve outcomes for2
qualified veterans..3
(b) C ORRECTIONAL F ACILITIES .Section 2991 of4
the Omnibus Crime Control and Safe Streets Act of 19685
(42 U.S.C. 3797aa) is amended by inserting after sub-6
section (i), as so added by subsection (a), the following:7
(j) C ORRECTIONAL F ACILITIES .8
(1) D EFINITIONS .9
(A) C ORRECTIONAL FACILITY .The term10
correctional facility means a jail, prison, or11
other detention facility used to house people12
who have been arrested, detained, held, or con-13
victed by a criminal justice agency or a court.14
(B) E LIGIBLE INMATE .The term eligi-15
ble inmate means an individual who16
(i) is being held, detained, or incar-17
cerated in a correctional facility; and18
(ii) manifests obvious signs of a19
mental illness or has been diagnosed by a20
qualified mental health professional as hav-21
ing a mental illness.22
(2) C ORRECTIONAL FACILITY GRANTS .The23
Attorney General may award grants to applicants to24
enhance the capabilities of a correctional facility25
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(A) to identify and screen for eligible in-1
mates;2
(B) to plan and provide3
(i) initial and periodic assessments of4
the clinical, medical, and social needs of in-5
mates; and6
(ii) appropriate treatment and serv-7
ices that address the mental health and8
substance abuse needs of inmates;9
(C) to develop, implement, and enhance10
(i) post-release transition plans for11
eligible inmates that, in a comprehensive12
manner, coordinate health, housing, med-13
ical, employment, and other appropriate14
services and public benefits;15
(ii) the availability of mental health16
care services and substance abuse treat-17
ment services; and18
(iii) alternatives to solitary confine-19
ment and segregated housing and mental20
health screening and treatment for inmates21
placed in solitary confinement or seg-22
regated housing; and23
(D) to train each employee of the correc-24
tional facility to identify and appropriately re-25
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spond to incidents involving inmates with men-1
tal health or co-occurring mental health and2
substance abuse disorders..3
(c) H IGH UTILIZERS .Section 2991 of the Omnibus4
Crime Control and Safe Streets Act of 1968 (42 U.S.C.5
3797aa) is amended by inserting after subsection (j), as6
added by subsection (b), the following:7
(k) D EMONSTRATION GRANTS RESPONDING TO 8
H IGH UTILIZERS .9
(1) D EFINITION .In this subsection, the term10
high utilizer means an individual who11
(A) manifests obvious signs of mental ill-12
ness or has been diagnosed by a qualified men-13
tal health professional as having a mental ill-14
ness; and15
(B) consumes a significantly dispropor-16
tionate quantity of public resources, such as17
emergency, housing, judicial, corrections, and18
law enforcement services.19
(2) D EMONSTRATION GRANTS RESPONDING TO 20
HIGH UTILIZERS .21
(A) I N GENERAL .The Attorney General22
may award not more than 6 grants per year23
under this subsection to applicants for the pur-24
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pose of reducing the use of public services by1
high utilizers.2
(B) U SE OF GRANTS .A recipient of a3
grant awarded under this subsection may use4
the grant5
(i) to develop or support multidisci-6
plinary teams that coordinate, implement,7
and administer community-based crisis re-8
sponses and long-term plans for high uti-9
lizers;10
(ii) to provide training on how to re-11
spond appropriately to the unique issues12
involving high utilizers for public service13
personnel, including criminal justice, men-14
tal health, substance abuse, emergency15
room, healthcare, law enforcement, correc-16
tions, and housing personnel;17
(iii) to develop or support alter-18
natives to hospital and jail admissions for19
high utilizers that provide treatment, sta-20
bilization, and other appropriate supports21
in the least restrictive, yet appropriate, en-22
vironment; or23
(iv) to develop protocols and systems24
among law enforcement, mental health,25
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substance abuse, housing, corrections, and1
emergency medical service operations to2
provide coordinated assistance to high uti-3
lizers.4
(C) R EPORT .Not later than the last5
day of the first year following the fiscal year in6
which a grant is awarded under this subsection,7
the recipient of the grant shall submit to the8
Attorney General a report that9
(i) measures the performance of the10
grant recipient in reducing the use of pub-11
lic services by high utilizers; and12
(ii) provides a model set of practices,13
systems, or procedures that other jurisdic-14
tions can adopt to reduce the use of public15
services by high utilizers..16
(d) A CADEMY T RAINING .Section 2991(h) of the17
Omnibus Crime Control and Safe Streets Act of 1968 (4218
U.S.C. 3797aa(h)) is amended19
(1) in paragraph (1), by adding at the end the20
following:21
(F) A CADEMY TRAINING .To provide22
support for academy curricula, law enforcement23
officer orientation programs, continuing edu-24
cation training, and other programs that teach25
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law enforcement personnel how to identify and1
respond to incidents involving individuals with2
mental illness or co-occurring mental illness and3
substance abuse disorders.; and4
(2) by adding at the end the following:5
(4) P RIORITY CONSIDERATION .The Attorney6
General, in awarding grants under this subsection,7
shall give priority to programs that law enforcement8
personnel and members of the mental health and9
substance abuse professions develop and administer10
cooperatively..11
(e) E VIDENCE B ASED P RACTICES .Section 2991(c)12
of the Omnibus Crime Control and Safe Streets Act of13
1968 (42 U.S.C. 3797aa(c)) is amended14
(1) in paragraph (3), by striking or at the15
end;16
(2) by redesignating paragraph (4) as para-17
graph (6); and18
(3) by inserting after paragraph (3), the fol-19
lowing:20
(4) propose interventions that have been21
shown by empirical evidence to reduce recidivism;22
(5) when appropriate, use validated assess-23
ment tools to target preliminarily qualified offenders24
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with a moderate or high risk of recidivism and a1
need for treatment and services; or.2
(f) S AFE COMMUNITIES .3
(1) I N GENERAL .Section 2991(a) of the Om-4
nibus Crime Control and Safe Streets Act of 19685
(42 U.S.C. 3797aa(a)) is amended by striking para-6
graph (9) and inserting the following:7
(9) P RELIMINARILY QUALIFIED OFFENDER .8
(A) I N GENERAL .The term prelimi-9
narily qualified offender means an adult or ju-10
venile accused of an offense who11
(i)(I) previously or currently has12
been diagnosed by a qualified mental13
health professional as having a mental ill-14
ness or co-occurring mental illness and15
substance abuse disorders;16
(II) manifests obvious signs of17
mental illness or co-occurring mental18
illness and substance abuse disorders19
during arrest or confinement or before20
any court; or21
(III) in the case of a veterans22
treatment court provided under sub-23
section (i), has been diagnosed with,24
or manifests obvious signs of, mental25
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illness or a substance abuse disorder1
or co-occurring mental illness and2
substance abuse disorder; and3
(ii) has been unanimously approved4
for participation in a program funded5
under this section by, when appropriate,6
the relevant7
(I) prosecuting attorney;8
(II) defense attorney;9
(III) probation or corrections10
official;11
(IV) judge; and12
(V) a representative from the13
relevant mental health agency de-14
scribed in subsection (b)(5)(B)(i).15
(B) D ETERMINATION .In determining16
whether to designate an individual as a prelimi-17
narily qualified offender, the relevant pros-18
ecuting attorney, defense attorney, probation or19
corrections official, judge, and mental health or20
substance abuse agency representative shall21
take into account22
(i) whether the participation of the23
individual in the program would pose a24
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substantial risk of violence to the commu-1
nity;2
(ii) the criminal history of the indi-3
vidual and the nature and severity of the4
offense for which the individual is charged;5
(iii) the views of any relevant victims6
to the offense;7
(iv) the extent to which the indi-8
vidual would benefit from participation in9
the program;10
(v) the extent to which the commu-11
nity would realize cost savings because of12
the individuals participation in the pro-13
gram; and14
(vi) whether the individual satisfies15
the eligibility criteria for program partici-16
pation unanimously established by the rel-17
evant prosecuting attorney, defense attor-18
ney, probation or corrections official, judge19
and mental health or substance abuse20
agency representative..21
(2) T ECHNICAL AND CONFORMING AMEND -22
MENT .Section 2927(2) of the Omnibus Crime23
Control and Safe Streets Act of 1968 (42 U.S.C.24
3797s-6(2)) is amended by striking has the mean-25
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ing given that term in section 2991(a). and insert-1
ing means an offense that2
(A) does not have as an element the use,3
attempted use, or threatened use of physical4
force against the person or property of another;5
or6
(B) is not a felony that by its nature in-7
volves a substantial risk that physical force8
against the person or property of another may9
be used in the course of committing the of-10
fense..11
(g) R EAUTHORIZATION OF A PPROPRIATIONS .Sub-12
section (l) of section 2991 of the Omnibus Crime Control13
and Safe Streets Act of 1968 (42 U.S.C. 3797aa), as re-14
designated in subsection (a)(1), is amended15
(1) in paragraph (1)16
(A) in subparagraph (B), by striking17
and at the end;18
(B) in subparagraph (C), by striking the19
period and inserting ; and; and20
(C) by adding at the end the following:21
(D) $40,000,000 for each of fiscal years22
2015 through 2019.; and23
(2) by adding at the end the following:24
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(3) L IMITATION .Not more than 20 percent1
of the funds authorized to be appropriated under2
this section may be used for purposes described in3
subsection (i) (relating to veterans)..4
TITLE IIIMPROVING MENTAL5HEALTH RESEARCH6
SEC. 201. RESEARCH WITH RESPECT TO VIOLENCE.7
The Secretary of Health and Human Services, in con-8
sultation with the Director of the National Institutes of9
Health, shall expand and intensify research on self-di-10
rected and other-directed violence associated with mental11
illness.12
TITLE IIIUNDERSTANDING13THE EPIDEMIC OF GUN VIO-14LENCE15
SEC. 301. NATIONAL VIOLENT DEATH REPORTING SYSTEM.16
The Secretary of Health and Human Services, acting17
through the Director of the Centers for Disease Control18
and Prevention, shall improve the National Violent Death19
Reporting System, as authorized by title III of the Public20
Health Service Act (42 U.S.C. 241 et seq.), particularly21
through the expansion of the application of such system22
to include the 50 States. Participation in the system by23
the States shall be voluntary.24
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37SEC. 302. REAFFIRMING CENTERS FOR DISEASE CON-1
TROLS AUTHORITY.2
(a) I N GENERAL .Section 391 of the Public Health3
Service Act (42 U.S.C. 280b) is amended4
(1) in subsection (a)(1), by striking research5
relating to the causes, mechanisms, prevention, diag-6
nosis, treatment of injuries, and rehabilitation from7
injuries; and inserting research, including data8
collection, relating to9
(A) the causes, mechanisms, prevention, diag-10
nosis, and treatment of injuries, including with re-11
spect to gun violence; and12
(B) rehabilitation from such injuries;; and13
(2) by adding at the end the following new sub-14
section:15
(c) N O A DVOCACY OR P ROMOTION OF GUN CON -16
TROL .Nothing in this section shall be construed to17
(1) authorize the Secretary to give assistance,18
make grants, or enter into cooperative agreements or19
contracts for the purpose of advocating or promoting20
gun control; or21
(2) permit a recipient of any assistance, grant,22
cooperative agreement, or contract under this section23
to use such assistance, grant, agreement, or contract24
for the purpose of advocating or promoting gun con-25
trol..26
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(b) A UTHORIZATION OF A PPROPRIATIONS .Section1
394A of the Public Health Service Act (42 U.S.C. 280b2
3) is amended by striking authorized to be appropriated3
and all that follows through the end and inserting the fol-4
lowing: authorized to be appropriated such sums as may5
be necessary for each of fiscal years 2015 through 2019..6
SEC. 303. PROTECTING CONFIDENTIAL DOCTOR-PATIENT7
RELATIONSHIP.8
Section 2717(c) of the Public Health Service Act (429
U.S.C. 300gg-17(c)) is amended by adding at the end the10
following new paragraph:11
(6) R ULE OF CONSTRUCTION .Notwith-12
standing the previous provisions of this subsection,13
none of the authorities provided to the Secretary14
under this subsection, Public Law 111148, or an15
amendment made by such Public Law shall be con-16
strued to prohibit a physician or other health care17
provider from18
(A) asking a patient about the ownership,19
possession, use, or storage of a firearm or am-20
munition in the home of such patient;21
(B) speaking to a patient about gun safe-22
ty; or23
(C) reporting to the authorities a pa-24
tients threat of violence..25
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TITLE IVMENTAL HEALTH AND1 ACCESS TO FIREARMS2
SEC. 401. BAN ON FIREARM POSSESSION BY PERSON COM-3
MITTED INVOLUNTARILY TO MENTAL INSTI-4
TUTION ON AN OUTPATIENT BASIS.5
Subsections (d)(4) and (g)(4) of section 922 of title6
18, United States Code, are each amended by inserting7
on an involuntary inpatient or involuntary outpatient8
basis before the semicolon.9
SEC. 402. BAN ON FIREARM POSSESSION BY PERSON CON-10
VICTED OF MISDEMEANOR STALKING; EX-11
PANSION OF SCOPE OF MISDEMEANOR12
CRIME OF DOMESTIC VIOLENCE.13
(a) B AN ON F IREARM P OSSESSION BY P ERSON CON -14
VICTED OF MISDEMEANOR STALKING .Section 922 of15
title 18, United States Code, is amended16
(1) in the 1st sentence of subsection (d)17
(A) in paragraph (8)(ii), by striking or18
at the end;19
(B) in paragraph (9), by striking the pe-20
riod and inserting ; or; and21
(C) by adding at the end the following:22
(10) has been convicted in any court of a mis-23
demeanor crime of stalking.; and24
(2) in subsection (g)25
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(A) in paragraph (8)(C)(ii), by striking1
or at the end;2
(B) in paragraph (9), by striking the3
comma and inserting ; or; and4
(C) by inserting after paragraph (9) the5
following:6
(10) who has been convicted in any court of7
a misdemeanor crime of stalking,.8
(b) D EFINITION OF MISDEMEANOR CRIME OF 9
STALKING ; E XPANSION OF SCOPE OF MISDEMEANOR 10
CRIME OF DOMESTIC V IOLENCE .Section 921(a)(33) of11
such title is amended by striking all that precedes sub-12
paragraph (B) and inserting the following:13
(33)(A) Except as provided in subparagraph14
(B):15
(i) The term misdemeanor crime of do-16
mestic violence means an offense that17
(I) is a misdemeanor under Federal,18
State, or tribal law; and19
(II) has, as an element, the use or20
attempted use of physical force, or the21
threatened use of a deadly weapon, com-22
mitted by a current or former spouse, par-23
ent, child, grandparent, grandchild, sibling,24
or guardian of the victim, by a person with25
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cohabited with the person as a spouse, parent, or guard-1
ian, a dating partner (as defined in section 40002(a)(9)2
of the Violence Against Women Act of 1994) of the per-3
son, or by a person similarly situated to a spouse, parent,4
dating partner, sibling, or guardian of the person..5
SEC. 404. GRANT PROGRAM REGARDING FIREARMS.6
Section 506(b) of the Omnibus Crime Control and7
Safe Streets Act of 1968 (42 U.S.C. 3756(b)) is amend-8
ed9
(1) by striking 1 or more States or units of10
local government, for 1 or more of the purposes11
specified in section 501, pursuant to his determina-12
tion that the same is necessary;13
(2) by inserting before paragraph (1) the fol-14
lowing:15
(1) 1 or more States or units of local govern-16
ment, for 1 or more of the purposes specified in sec-17
tion 501, pursuant to his determination that the18
same is necessary;19
(3) by redesignating paragraph (1) as subpara-20
graph (A);21
(4) in paragraph (2)22
(A) by striking the period at the end and23
inserting ; or; and24
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(B) by redesignating paragraph (2) as sub-1
paragraph (B); and2
(5) by adding at the end the following:3
(2) 1 or more States, if that State has dem-4
onstrated, in the determination of the Attorney Gen-5
eral, that the State has adopted policies, procedures,6
protocols, laws or regulations pertaining to the pos-7
session or transfer of firearms or ammunition that8
(A)(i) give State and local law enforce-9
ment the authority, to the extent allowable10
under Federal laws and the United States Con-11
stitution, to seize firearms or ammunition from12
an individual pursuant to a warrant, where13
there is probable cause to believe that the indi-14
vidual in possession of such firearms or ammu-15
nition poses an elevated risk of harm to himself16
or herself or to another individual, which may17
be determined by considering whether the indi-18
vidual has caused harm to himself or herself or19
another individual, has detailed plans to cause20
harm to himself or herself or another indi-21
vidual, has a history of substance abuse, or22
lacks impulse control; and23
(ii) provide that not later than 14 days24
after such a seizure, an individual from whom25
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a firearm or ammunition was so seized shall be1
given an opportunity to contest such seizure in2
court, and any firearm or ammunition so seized3
shall be returned to the individual, unless a4
State or local law enforcement officer dem-5
onstrates in court by a preponderance of the6
evidence that the individual from whom a fire-7
arm or ammunition was seized poses an ele-8
vated risk of harm to himself or herself or to9
another individual; or10
(B) temporarily prohibit an individual11
who has been involuntarily hospitalized for a12
period of not less than 48 hours for mental ill-13
ness on an emergency basis, from possessing a14
firearm or ammunition;.15
SEC. 405. NOTIFICATION OF STATE AND LOCAL LAW EN-16
FORCEMENT AUTHORITIES OF ATTEMPT TO17
PURCHASE FIREARM BY INELIGIBLE PER-18
SON.19
(a) I N GENERAL .The Attorney General shall estab-20
lish a system for the prompt notification of the relevant21
State and local enforcement agencies when the national22
instant criminal background check system established23
under section 103 of the Brady Handgun Violence Preven-24
tion Act notifies a licensed dealer that the information25
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available to the system indicates that the possession of a1
firearm by an individual attempting to obtain a firearm2
from the licensed dealer would violate subsection (g) or3
(n) of section 922 of title 18, United States Code, or State4
law, except when it is determined, on a case-by-case basis,5
that law enforcement purposes would best be served by6
not providing such a notice.7
(b) D EFINITIONS .In this section, the terms fire-8
arm and licensed dealer shall have the meanings given9
such terms in section 921(a) of title 18, United States10
Code.11
TITLE VRESTORATION12SEC. 501. FEDERAL AGENCY RELIEF PROGRAM.13
Section 101(c) of the NICS Improvement Amend-14
ments Act of 2007 (18 U.S.C. 922 note) is amended15
(1) in paragraph (2)(A)(i), by inserting after16
imposed by such subsections the following: if17
such person is a person described in subparagraph18
(C) and submits the opinion (and records and infor-19
mation supporting the opinion) of a psychiatrist or20
licensed clinical psychologist who has personally21
evaluated the person; and22
(2) by adding at the end the following:23
(C) P ERSON DESCRIBED .A person is24
described in this subparagraph if, beginning not25
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earlier than 1 year after the person is subject1
to the disabilities imposed by subsection (d)(4)2
or (g)(4) of section 922 of title 18, United3
States Code, and after affording the Federal4
department or agency the opportunity to re-5
quest an additional evaluation, by a psychiatrist6
or licensed clinical psychologist appointed by7
the department or agency, the department or8
agency determines by a preponderance of the9
evidence received that10
(i) the person no longer manifests11
the symptoms of mental disorder that re-12
sulted in that persons adjudication as a13
mental defective or involuntary commit-14
ment or that otherwise significantly elevate15
the risk of harm to self or others;16
(ii) the person has adhered consist-17
ently to any prescribed treatment for a18
substantial period of time preceding the19
date of the application and has expressed20
a willingness to continue treatment under21
an appropriate mental health professional;22
(iii) if ongoing treatment is required,23
that adherence to that treatment is likely24
to minimize the risk that the person will25
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revert to a mental state that would present1
a danger to self or others; and2
(iv) the granting of the relief would3
not be contrary to the public interest..4
SEC. 502. STATE RELIEF PROGRAMS.5
(a) I N GENERAL .Section 105 of the NICS Im-6
provement Amendments Act of 2007 (18 U.S.C. 922 note)7
is amended8
(1) in subsection (a)(2), by striking if the cir-9
cumstances regarding the disabilities referred to in10
paragraph (1), and the persons record and reputa-11
tion, are such that the person will not be likely to12
act in a manner dangerous to public safety and that13
the granting of the relief would not be contrary to14
the public interest; and and inserting the following:15
beginning not earlier than 1 year after the person16
is first adjudicated as described in subsection (g)(4)17
of section 922 of title 18, United States Code, if the18
person submits the opinion (and records and infor-19
mation supporting the opinion) of a psychiatrist or20
licensed clinical psychologist who has personally21
evaluated the person, and after affording the State22
the opportunity to request an additional evaluation,23
by a psychiatrist or licensed clinical psychologist ap-24
pointed by the court, board, commission, or other25
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lawful authority, only if the court, board, commis-1
sion, or other lawful authority determines by a pre-2
ponderance of the evidence received that the person3
is a person described in subsection (c); and; and4
(2) by adding at the end the following:5
(c) E LIGIBLE P ERSON DESCRIBED .A person de-6
scribed in this subsection is any person who submits with7
the application for relief under subsection (a)(1), the opin-8
ion (and records and information supporting the opinion)9
of a psychiatrist or licensed clinical psychologist who has10
personally evaluated the petitioner and which attests11
that12
(1) the person no longer manifests the symp-13
toms of mental disorder that resulted in that per-14
sons adjudication as a mental defective or involun-15
tary commitment;16
(2) the person appears to have adhered con-17
sistently to any prescribed treatment for a substan-18
tial period of time preceding the date of the applica-19
tion and has expressed a willingness to continue20
treatment under an appropriate mental health pro-21
fessional;22
(3) if ongoing treatment is required, that ad-23
herence to that treatment is likely to minimize the24
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risk that the person will revert to a mental state1
that would present a danger to self or others; and2
(4) the granting of the relief would not be con-3
trary to the public interest.4
(d) D EFINITIONS .The Attorney General may, by5
rule, define terms used in this section to ensure conformity6
with Federal programs providing relief from disabilities7
imposed under subsections (d) and (g) of section 922 of8
title 18, United States Code..9
(b) T RANSITION RULE .The amendment made by10
subsection (a) shall apply only beginning on the date that11
is 5 years after the date of enactment of this Act, in the12
case of any State that has a program described in section13
105 of the NICS Improvement Amendments Act of 200714
(18 U.S.C. 922 note) in effect on the date of enactment15
of this Act.16
SEC. 503. GENERAL FEDERAL RELIEF.17
Section 925 of title 18, United States Code, is18
amended in subsection (c)19
(1) by striking (c) A person and inserting20
(c) (1) Except as otherwise provided in paragraph21
(2), a person; and22
(2) by adding at the end the following:23
(2) In the case of a person who is subject to the24
disability imposed under subsection (d)(4) or subsection25
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(g)(4) of section 922, such person may not receive relief1
under this subsection unless2
(A) the person submits an application not ear-3
lier than 1 year after the person is first subject to4
the disability imposed under subsection (d)(4) or5
subsection (g)(4) of section 922;6
(B) the person submits, with the application7
for relief, the opinion (and records and information8
supporting the opinion) of a psychiatrist or licensed9
clinical psychologist who has personally evaluated10
the petitioner and which attests that11
(i) the person no longer manifests the12
symptoms of mental disorder that resulted in13
that persons adjudication as a mental defective14
or involuntary commitment;15
(ii) the person appears to have adhered16
consistently to any prescribed treatment for a17
substantial period of time preceding the date of18
the application; and19
(iii) if ongoing treatment is required, that20
adherence to that treatment is likely to mini-21
mize the risk that the person will revert to a22
mental state that would present a danger to self23
or others; and24
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(C) the Attorney General is afforded the op-1
portunity to request an additional evaluation, by a2
psychiatrist or licensed clinical psychologist ap-3
pointed by the court; and4
(D) the Attorney General determines by a pre-5
ponderance of the evidence received that6
(i) the person no longer manifests the7
symptoms of mental disorder that resulted in8
that persons adjudication as a mental defective9
or involuntary commitment;10
(ii) the person appears to have adhered11
consistently to any prescribed treatment for a12
substantial period of time preceding the date of13
the application and has expressed a willingness14
to continue treatment under an appropriate15
mental health professional;16
(iii) if ongoing treatment is required, that17
adherence to that treatment is likely to mini-18
mize the risk that the person will revert to a19
mental state that would present a danger to self20
or others; and21
(iv) the granting of the relief would not22
be contrary to the public interest..23
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TITLE VISUBMISSION OF MEN-1TAL HEALTH RECORDS TO2NATIONAL INSTANT CRIMI-3NAL BACKGROUND CHECK4SYSTEM5
SEC. 601. REPORTS RELATING TO SUBMISSION OF INFOR-6
MATION TO NICS.7
Section 201 of the NICS Improvement Amendments8
Act of 2007 (18 U.S.C. 922 note) is amended9
(1) by amending subsection (b) to read as fol-10
lows:11
(b) R EPORT ON P ERSONS P ROHIBITED F ROM OB -12
TAINING F IREARMS AS A RESULT OF A CONVICTION OF 13
A MISDEMEANOR CRIME OF DOMESTIC V IOLENCE .Not14
later than January 31 of each year, the Director shall sub-15
mit to Congress a report containing the number of persons16
reported by each State to the National Instant Criminal17
Background Check System who are prohibited from pos-18
sessing or receiving a firearm under section 922(g)(9) of19
title 18, United States Code.;20
(2) by redesignating subsection (d) as (e); and21
(3) by inserting after subsection (c) the fol-22
lowing:23
(d) R EPORT ON P ROMISING P RACTICES .24
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(1) I N GENERAL .Not later than 1 year after1
the date of enactment of the Promoting Healthy2
Minds for Safer Communities Act of 2014, the At-3
torney General, in coordination with the States, shall4
establish for each State or Indian tribal government5
desiring a grant under section 103 a 4-year imple-6
mentation plan to ensure maximum coordination and7
automation of the reporting of records or making8
records available to the National Instant Criminal9
Background Check System.10
(2) B ENCHMARK REQUIREMENTS .Each 4-11
year plan established under paragraph (1) shall in-12
clude annual benchmarks, including both qualitative13
goals and quantitative measures, to assess imple-14
mentation of the 4-year plan.15
(3) P ENALTIES FOR NON -COMPLIANCE .16
(A) I N GENERAL .During the 4-year pe-17
riod covered by a 4-year plan established under18
paragraph (1), the Attorney General shall with-19
hold20
(i) 10 percent of the amount that21
would otherwise be allocated to a State22
under section 505 of the Omnibus Crime23
Control and Safe Streets Act of 1968 (4224
U.S.C. 3755) if the State does not meet25
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the benchmark established under para-1
graph (2) for the first year in the 4-year2
period;3
(ii) 11 percent of the amount that4
would otherwise be allocated to a State5
under section 505 of the Omnibus Crime6
Control and Safe Streets Act of 1968 (427
U.S.C. 3755) if the State does not meet8
the benchmark established under para-9
graph (2) for the second year in the 4-year10
period;11
(iii) 13 percent of the amount that12
would otherwise be allocated to a State13
under section 505 of the Omnibus Crime14
Control and Safe Streets Act of 1968 (4215
U.S.C. 3755) if the State does not meet16
the benchmark established under para-17
graph (2) for the third year in the 4-year18
period; and19
(iv) 15 percent of the amount that20
would otherwise be allocated to a State21
under section 505 of the Omnibus Crime22
Control and Safe Streets Act of 1968 (4223
U.S.C. 3755) if the State does not meet24
the benchmark established under para-25
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graph (2) for the fourth year in the 4-year1
period.2
(B) F AILURE TO ESTABLISH A PLAN .A3
State that fails to establish a plan under para-4
graph (1) shall be treated as having not met5
any benchmark established under paragraph6
(2)..7
SEC. 604. GRANTS TO STATES TO IMPROVE COORDINATION8
AND AUTOMATION OF NICS RECORD REPORT-9
ING.10
(a) I N GENERAL .The NICS Improvement Amend-11
ments Act of 2007 (18 U.S.C. 922 note) is amended12
(1) by striking section 103 and inserting the13
following:14
SEC. 103. GRANTS TO STATES FOR IMPROVEMENT OF CO-15
ORDINATION AND AUTOMATION OF NICS16
RECORD REPORTING.17
(a) A UTHORIZATION .From amounts made avail-18
able to carry out this section, the Attorney General shall19
make grants to States, Indian Tribal governments, and20
State court systems, in a manner consistent with the Na-21
tional Criminal History Improvement Program and con-22
sistent with State plans for integration, automation, and23
accessibility of criminal history records, for use by the24
State, or units of local government of the State, Indian25
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Tribal government, or State court system to improve the1
automation and transmittal of mental health records and2
criminal history dispositions, records relevant to deter-3
mining whether a person has been convicted of a mis-4
demeanor crime of domestic violence, court orders, and5
mental health adjudications or commitments to Federal6
and State record repositories in accordance with section7
102 and the National Criminal History Improvement Pro-8
gram.9
(b) U SE OF GRANT A MOUNTS .Grants awarded to10
States, Indian Tribal governments, or State court systems11
under this section may only be used to12
(1) carry out, as necessary, assessments of the13
capabilities of the courts of the State or Indian Trib-14
al government for the automation and transmission15
of arrest and conviction records, court orders, and16
mental health adjudications or commitments to Fed-17
eral and State record repositories;18
(2) implement policies, systems, and proce-19
dures for the automation and transmission of arrest20
and conviction records, court orders, and mental21
health adjudications or commitments to Federal and22
State record repositories;23
(3) create electronic systems that provide ac-24
curate and up-to-date information which is directly25
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related to checks under the National Instant Crimi-1
nal Background Check System, including court dis-2
position and corrections records;3
(4) assist States or Indian Tribal governments4
in establishing or enhancing their own capacities to5
perform background checks using the National In-6
stant Criminal Background Check System; and7
(5) develop and maintain the relief from dis-8
abilities program in accordance with section 105.9
(c) E LIGIBILITY .10
(1) I N GENERAL .To be eligible for a grant11
under this section, a State, Indian Tribal govern-12
ment, or State court system shall certify, to the sat-13
isfaction of the Attorney General, that the State, In-14
dian Tribal government, or State court system15
(A) is not prohibited by State law or16
court order from submitting mental health17
records to the National Instant Criminal Back-18
ground Check System; and19
(B) subject to paragraph (2), has imple-20
mented a relief from disabilities program in ac-21
cordance with section 105.22
(2) R ELIEF FROM DISABILITIES PROGRAM .23
For purposes of obtaining a grant under this sec-24
tion, a State, Indian Tribal government, or State25
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court system shall not be required to meet the eligi-1
bility requirement described in paragraph (1)(B)2
until the date that is 2 years after the date of enact-3
ment of the Promoting Healthy Minds for Safer4
Communities Act of 2014.5
(d) F EDERAL SHARE .6
(1) S TUDIES , ASSESSMENTS , NON -MATERIAL 7
ACTIVITIES .The Federal share of a study, assess-8
ment, creation of a task force, or other non-material9
activity, as determined by the Attorney General, car-10
ried out with a grant under this section shall be not11
more than 25 percent.12
(2) I NFRASTRUCTURE OR SYSTEM DEVELOP -13
MENT .The Federal share of an activity involving14
infrastructure or system development, including15
labor-related costs, for the purpose of improving16
State or Indian Tribal government record reporting17
to the National Instant Criminal Background Check18
System carried out with a grant under this section19
may amount to 100 percent of the cost of the activ-20
ity.21
(e) G RANTS TO INDIAN TRIBES .Up to 5 percent22
of the grant funding available under this section may be23
reserved for Indian tribal governments for use by Indian24
tribal judicial systems.25
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(f) A UTHORIZATION OF A PPROPRIATIONS .There1
are authorized to be appropriated to carry out this section2
$100,000,000 for each of fiscal years 2015 through3
2018.;4
(2) by striking title III; and5
(3) in section 401(b), by inserting after of this6
Act the following: and 18 months after the date7
of enactment of the Promoting Healthy Minds for8
Safer Communities Act of 2014.9
(b) T ECHNICAL AND CONFORMING A MENDMENT .10
The table of sections in section 1(b) of the NICS Improve-11
ment Amendments Act of 2007 (18 U.S.C. 922 note) is12
amended by striking the item relating to section 103 and13
inserting the following:14
Sec. 103. Grants to States for improvement of coordination and automation
of NICS record reporting..
SEC. 605. SHARING OF RECORDS BY FEDERAL DEPART-15
MENTS AND AGENCIES WITH NICS.16
Section 101(b) of the NICS Improvement Act of17
2007 (18 U.S.C. 922 note) is amended18
(1) in paragraph (2)19
(A) in subparagraph (B), by striking20and at the end;21
(B) in subparagraph (C), by striking the22
period at the end and inserting ; and; and23
(C) by inserting at the end the following:24
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(D) not later than 180 days after the1
date of the enactment of the Promoting2
Healthy Minds for Safer Communities Act of3
2014, and annually thereafter, submit a report4
to Congress on the compliance of the heads of5
Federal departments and agencies with the re-6
quirements of paragraphs (1) and (3).; and7
(2) by adding at the end the following:8
(3) O THER FEDERAL DEPARTMENTS AND 9
AGENCIES .The head of each Federal department10
or agency in possession of records which are relevant11
to a determination of whether a person is disquali-12
fied from possessing or receiving a firearm under13
subsection (g) or (n) of section 922 of title 18,14
United States Code, shall make available to the At-15
torney General, such records, updated not less than16
quarterly, for use in the background checks per-17
formed by the National Instant Criminal Back-18
ground Check System..19
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