I 

113TH CONGRESS 

2D SESSION H. R. 4783 

To protect individuals by strengthening the Nation’s mental health infrastructure, improving the understanding of violence, strengthening firearm 

prohibitions and protections for at-risk individuals, and improving and 

expanding the reporting of mental health records to the National Instant 

Criminal Background Check System. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 30, 2014 

Mr. THOMPSON of California (for himself, Mr. SERRANO, Mr. PERLMUTTER, 

Ms. SPEIER, Ms. ESTY, Mr. WAXMAN, Mr. FATTAH, Ms. MATSUI, Mr. 

SCOTT of Virginia, Mrs. CAPPS, Mrs. CAROLYN B. MALONEY of New 

York, Mrs. NAPOLITANO, Ms. DEGETTE, Mr. RICHMOND, Mr. CICILLINE, 

Mr. TIERNEY, Mr. CROWLEY, Ms. LEE of California, Ms. SHEA-PORTER, 

Mr. THOMPSON of Mississippi, Mrs. MCCARTHY of New York, Mrs. 

LOWEY, Mr. YARMUTH, and Ms. CLARKE of New York) introduced the 

following bill; which was referred to the Committee on the Judiciary, and 

in addition to the Committee on Energy and Commerce, for a period to 

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To protect individuals by strengthening the Nation’s mental 

health infrastructure, improving the understanding of violence, strengthening firearm prohibitions and protections for at-risk individuals, and improving and expanding the reporting of mental health records to the National Instant Criminal Background Check System. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Promoting Healthy 

5 Minds for Safer Communities Act of 2014’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—STRENGTHENING AND IMPROVING INTERVENTION 

EFFORTS 

Sec. 101. Mental health crisis assessment, prevention, and education grant program. 

Sec. 102. School-based mental health programs. 

Sec. 103. Justice and mental health collaboration. 

TITLE II—IMPROVING MENTAL HEALTH RESEARCH 

Sec. 201. Research with respect to violence. 

TITLE III—UNDERSTANDING THE EPIDEMIC OF GUN VIOLENCE 

Sec. 301. National violent death reporting system. 

Sec. 302. Reaffirming Centers for Disease Control’s authority. 

Sec. 303. Protecting confidential doctor-patient relationship. 

TITLE IV—MENTAL HEALTH AND ACCESS TO FIREARMS 

Sec. 401. Ban on firearm possession by person committed involuntarily to mental institution on an outpatient basis. 

Sec. 402. Ban on firearm possession by person convicted of misdemeanor stalking; expansion of scope of misdemeanor crime of domestic violence. 

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 V—RESTORATION 

Sec. 501. Federal agency relief program. 

Sec. 502. State relief programs. 

Sec. 503. General Federal relief. 

TITLE VI—SUBMISSION OF MENTAL HEALTH RECORDS TO 

NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM 

Sec. 601. Reports relating to submission of information to NICS. 


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Sec. 602. Reauthorization of the National Criminal History Records Improvement Program. 

Sec. 603. Improvement of metrics and incentives. 

Sec. 604. Grants to States to improve coordination and automation of NICS 

record reporting. 

Sec. 605. Sharing of records by Federal departments and agencies with NICS. 

Sec. 606. Rulemaking to permit submission of mental health records to the National Instant Criminal Background Check System pursuant to 

the Health Insurance Portability and Accountability Act. 

1 TITLE I—STRENGTHENING AND 

2 IMPROVING INTERVENTION 

3 EFFORTS 

4 SEC. 101. MENTAL HEALTH CRISIS ASSESSMENT, PREVEN5 TION, AND EDUCATION GRANT PROGRAM. 

6 (a) DEFINITIONS.—For purposes of this section, the 

7 following definitions shall apply: 

8 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti9 ty’’ means a State, political subdivision of a State, 

10 or nonprofit private entity. 

11 (2) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of Health and Human Services. 

13 (3) STATE.—The term ‘‘State’’ means each 

14 State of the United States, the District of Columbia, 

15 each commonwealth, territory or possession of the 

16 United States, and each federally recognized Indian 

17 tribe. 

18 (b) ESTABLISHMENT OF GRANT PROGRAM.— 

19 (1) ESTABLISHMENT.—The Secretary shall es20 tablish a program to award grants to eligible entities 


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1 to carry out the activities described in paragraph 

2 (2). 

3 (2) USE OF FUNDS.— 

4 (A) IN GENERAL.—Grants under this sec5 tion may be used to carry out programs that— 

6 (i) expand early invention and treat7 ment services to improve access to mental 

8 health crisis assistance and address unmet 

9 mental health care needs; 

10 (ii) expand the continuum of services 

11 to address crisis intervention and crisis 

12 stabilization; 

13 (iii) reduce recidivism due to mental 

14 health crises and mitigate unnecessary ex15 penditures by local law enforcement; and 

16 (iv) reduce unnecessary hospitaliza17 tions by appropriately utilizing community18 based services and improving access to 

19 timely mental health crisis assistance. 

20 (B) AUTHORIZED ACTIVITIES.—The pro21 grams described in subparagraph (A) may in22 clude any or all of the following activities: 

23 (i) Mental health crisis intervention 

24 and response training for law enforcement 


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1 (to increase officers’ understanding and 

2 recognition of mental illnesses). 

3 (ii) Mobile support that provides field4 based behavioral health assistance to law 

5 enforcement and members of the commu6 nity and links individuals in crisis to ap7 propriate services. 

8 (iii) School and community-based 

9 early intervention and prevention programs 

10 that provide mobile response, screening 

11 and assessment, training and education, 

12 and peer-based and family services. 

13 (3) APPLICATION.—To be considered for a 

14 grant under this section, an eligible entity shall sub15 mit an application to the Secretary at such time, in 

16 such manner, and containing such information as 

17 the Secretary may require. At minimum, such appli18 cation shall include a description of— 

19 (A) the activities to be funded with the 

20 grant; 

21 (B) community needs; 

22 (C) the population to be served; and 

23 (D) the interaction between the activities 

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1 forcement, social services, and related assist2 ance programs. 

3 (4) SELECTING AMONG APPLICANTS.— 

4 (A) IN GENERAL.—Grants shall be award5 ed to eligible entities on a competitive basis. 

6 (B) SELECTION CRITERIA.—The Secretary 

7 shall evaluate applicants based on such criteria 

8 as the Secretary determines to be appropriate, 

9 including the ability of an applicant to carry 

10 out the activities described in paragraph (2). 

11 (5) REPORTS.— 

12 (A) ANNUAL REPORTS.— 

13 (i) ELIGIBLE ENTITIES.—As a condi14 tion of receiving a grant under this section, 

15 an eligible entity shall agree to submit a 

16 report to the Secretary, on an annual 

17 basis, describing the activities carried out 

18 with the grant and assessing the effective19 ness of such activities. 

20 (ii) SECRETARY.—The Secretary 

21 shall, on an annual basis, and using the re22 ports received under clause (i), report to 

23 Congress on the overall impact and effec24 tiveness of the grant program under this 

25 section. 


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1 (B) FINAL REPORT.—Not later than Janu2 ary 15, 2019, the Secretary shall submit to 

3 Congress a final report that includes rec4 ommendations with respect to the feasibility 

5 and advisability of extending or expanding the 

6 grant program. 

7 (6) COLLECTION OF DATA.— 

8 (A) IN GENERAL.—The Secretary shall col9 lect data on the grant program to determine its 

10 effectiveness in reducing the social impact of 

11 mental health crises and the feasibility and ad12 visability of extending the grant program. 

13 (B) MANNER OF COLLECTION.—Data de14 scribed in subparagraph (A) shall be collected 

15 and analyzed using a scientific peer-reviewed 

16 system and valid and reliable results-based re17 search methodologies. 

18 (c) FUNDING.— 

19 (1) GRANT AMOUNT.—A grant under this sec20 tion shall be in an amount that is not more than 

21 $100,000 for each of fiscal years 2015 through 

22 2019. Subject to the preceding sentence, the Sec23 retary shall determine the amount of each grant. 

24 (2) AUTHORIZATION OF APPROPRIATIONS.— 

25 There is authorized to be appropriated to carry out 


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1 this section $10,000,000 for each of fiscal years 

2 2015 through 2019. 

3 SEC. 102. SCHOOL-BASED MENTAL HEALTH PROGRAMS. 

4 (a) TECHNICAL AMENDMENTS.—The second part G 

5 (relating to services provided through religious organiza6 tions) of title V of the Public Health Service Act (42 

7 U.S.C. 290kk et seq.) is amended— 

8 (1) by redesignating such part as part J; and 

9 (2) by redesignating sections 581 through 584 

10 as sections 596 through 596C, respectively. 

11 (b) SCHOOL-BASED MENTAL HEALTH AND CHIL12 DREN AND VIOLENCE.—Section 581 of the Public Health 

13 Service Act (42 U.S.C. 290hh) is amended to read as fol14 lows: 

15 ‘‘SEC. 581. SCHOOL-BASED MENTAL HEALTH AND CHIL16 DREN AND VIOLENCE. 

17 ‘‘(a) IN GENERAL.—The Secretary, in collaboration 

18 with the Secretary of Education and in consultation with 

19 the Attorney General, shall, directly or through grants, 

20 contracts, or cooperative agreements awarded to public en21 tities and local education agencies, assist local commu22 nities and schools in applying a public health approach 

23 to mental health services both in schools and in the com24 munity. Such approach should provide comprehensive age25 appropriate services and supports, be linguistically and 


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1 culturally appropriate, be trauma-informed, and incor2 porate age-appropriate strategies of positive behavioral 

3 interventions and supports. A comprehensive school men4 tal health program funded under this section shall assist 

5 children in dealing with trauma and violence. 

6 ‘‘(b) ACTIVITIES.—Under the program under sub7 section (a), the Secretary may— 

8 ‘‘(1) provide financial support to enable local 

9 communities to implement a comprehensive cul10 turally and linguistically appropriate, trauma-in11 formed, and age-appropriate, school mental health 

12 program that incorporates positive behavioral inter13 ventions, client treatment, and supports to foster the 

14 health and development of children; 

15 ‘‘(2) provide technical assistance to local com16 munities with respect to the development of pro17 grams described in paragraph (1); 

18 ‘‘(3) provide assistance to local communities in 

19 the development of policies to address child and ado20 lescent trauma and mental health issues and violence 

21 when and if it occurs; 

22 ‘‘(4) facilitate community partnerships among 

23 families, students, law enforcement agencies, edu24 cation systems, mental health and substance use dis25 order service systems, family-based mental health 


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1 service systems, welfare agencies, health care service 

2 systems (including physicians), faith-based pro3 grams, trauma networks, and other community4 based systems; and 

5 ‘‘(5) establish mechanisms for children and ado6 lescents to report incidents of violence or plans by 

7 other children, adolescents, or adults to commit vio8 lence. 

9 ‘‘(c) REQUIREMENTS.— 

10 ‘‘(1) IN GENERAL.—To be eligible for a grant, 

11 contract, or cooperative agreement under subsection 

12 (a), an entity shall— 

13 ‘‘(A) be a partnership between a local edu14 cation agency and at least one community pro15 gram or agency that is involved in mental 

16 health; and 

17 ‘‘(B) submit an application, that is en18 dorsed by all members of the partnership, that 

19 contains the assurances described in paragraph 

20 (2). 

21 ‘‘(2) REQUIRED ASSURANCES.—An application 

22 under paragraph (1) shall contain assurances as fol23 lows: 

24 ‘‘(A) That the applicant will ensure that, 

25 in carrying out activities under this section, the 


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1 local educational agency involved will enter into 

2 a memorandum of understanding— 

3 ‘‘(i) with at least one public or private 

4 mental health entity, health care entity, 

5 law enforcement or juvenile justice entity, 

6 child welfare agency, family-based mental 

7 health entity, family or family organiza8 tion, trauma network, or other community9 based entity; and 

10 ‘‘(ii) that clearly states— 

11 ‘‘(I) how school-employed mental 

12 health professionals (such as school 

13 psychologists, school counselors, and 

14 school social workers) will be utilized 

15 in the comprehensive school mental 

16 health program; 

17 ‘‘(II) the responsibilities of each 

18 partner with respect to the activities 

19 to be carried out; 

20 ‘‘(III) how each such partner will 

21 be accountable for carrying out such 

22 responsibilities; and 

23 ‘‘(IV) the amount of non-Federal 

24 funding or in-kind contributions that 


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1 each such partner will contribute in 

2 order to sustain the program. 

3 ‘‘(B) That the comprehensive school-based 

4 mental health program carried out under this 

5 section supports the flexible use of funds to ad6 dress— 

7 ‘‘(i) the promotion of the social, emo8 tional, mental, and behavioral health and 

9 wellness of all students in an environment 

10 that is conducive to learning; 

11 ‘‘(ii) the reduction in the likelihood of 

12 at risk students developing social, emo13 tional, mental, and behavioral health prob14 lems, or substance use disorders; 

15 ‘‘(iii) the early identification of social, 

16 emotional, mental, and behavioral prob17 lems, or substance use disorders and the 

18 provision of early intervention services; 

19 ‘‘(iv) the treatment or referral for 

20 treatment of students with existing social, 

21 emotional, mental, and behavioral health 

22 problems, or substance use disorders; and 

23 ‘‘(v) the development and implementa24 tion of programs to assist children in deal25 ing with trauma and violence. 


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1 ‘‘(C) That the comprehensive school-based 

2 mental health program carried out under this 

3 section will provide for in-service training of all 

4 school personnel, including ancillary staff and 

5 volunteers, in— 

6 ‘‘(i) the techniques and supports need7 ed to identify early children with trauma 

8 histories and children with, or at risk of, 

9 mental illness; 

10 ‘‘(ii) the use of referral mechanisms 

11 that effectively link such children to appro12 priate treatment and intervention services 

13 in the school and in the community and to 

14 follow-up when services are not available; 

15 ‘‘(iii) strategies that promote the so16 cial, emotional, mental, and behavioral 

17 health and wellness of all students; 

18 ‘‘(iv) strategies for promoting the so19 cial, emotional, mental, and behavioral 

20 health of all students; and 

21 ‘‘(v) strategies to increase the knowl22 edge and skills of school and community 

23 leaders about the impact of trauma and vi24 olence and on the application of a public 


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1 health approach to comprehensive school2 based mental health programs. 

3 ‘‘(D) That the comprehensive school-based 

4 mental health program carried out under this 

5 section will include comprehensive training for 

6 parents, siblings, and other family members of 

7 children with mental health disorders, and for 

8 concerned members of the community in— 

9 ‘‘(i) the techniques and supports need10 ed to identify early children with trauma 

11 histories, and children with, or at risk of, 

12 mental illness; 

13 ‘‘(ii) the use of referral mechanisms 

14 that effectively link such children to appro15 priate treatment and intervention services 

16 in the school and in the community and 

17 follow-up when such services are not avail18 able; and 

19 ‘‘(iii) strategies that promote a school20 wide positive environment. 

21 ‘‘(E) That the comprehensive school-based 

22 mental health program carried out under this 

23 section will demonstrate the measures to be 

24 taken to sustain the program after funding 

25 under this section terminates. 


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1 ‘‘(F) That the local education agency part2 nership involved is supported by the State edu3 cational and mental health system to ensure 

4 that the sustainability of the programs is estab5 lished after funding under this section termi6 nates. 

7 ‘‘(G) That the comprehensive school-based 

8 mental health program carried out under this 

9 section will be based on trauma-informed and 

10 evidence-based practices. 

11 ‘‘(H) That the comprehensive school-based 

12 mental health program carried out under this 

13 section will be coordinated with early inter14 vening activities carried out under the Individ15 uals with Disabilities Education Act. 

16 ‘‘(I) That the comprehensive school-based 

17 mental health program carried out under this 

18 section will be trauma-informed and culturally 

19 and linguistically appropriate. 

20 ‘‘(J) That the comprehensive school-based 

21 mental health program carried out under this 

22 section will include a broad needs assessment of 

23 youth who drop out of school due to policies of 

24 ‘zero tolerance’ with respect to drugs, alcohol, 


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1 or weapons and an inability to obtain appro2 priate services. 

3 ‘‘(K) That the mental health services pro4 vided through the comprehensive school-based 

5 mental health program carried out under this 

6 section will be provided by qualified mental and 

7 behavioral health professionals who are certified 

8 or licensed by the State involved and practicing 

9 within their area of expertise. 

10 ‘‘(3) COORDINATOR.—Any entity that is a 

11 member of a partnership described in paragraph 

12 (1)(A) may serve as the coordinator of funding and 

13 activities under the grant if all members of the part14 nership agree. 

15 ‘‘(4) COMPLIANCE WITH HIPAA.—A grantee 

16 under this section shall be deemed to be a covered 

17 entity for purposes of compliance with the regula18 tions promulgated under section 264(c) of the 

19 Health Insurance Portability and Accountability Act 

20 of 1996 with respect to any patient records devel21 oped through activities under the grant. 

22 ‘‘(d) GEOGRAPHICAL DISTRIBUTION.—The Secretary 

23 shall ensure that grants, contracts, or cooperative agree24 ments under subsection (a) will be distributed equitably 


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1 among the regions of the country and among urban and 

2 rural areas. 

3 ‘‘(e) DURATION OF AWARDS.—With respect to a 

4 grant, contract, or cooperative agreement under sub5 section (a), the period during which payments under such 

6 an award will be made to the recipient shall be 6 years. 

7 An entity may receive only one award under this section, 

8 except that an entity that is providing services and sup9 ports on a regional basis may receive additional funding 

10 after the expiration of the preceding grant period. 

11 ‘‘(f) EVALUATION AND MEASURES OF OUTCOMES.— 

12 ‘‘(1) DEVELOPMENT OF PROCESS.—The Ad13 ministrator shall develop a fiscally appropriate proc14 ess for evaluating activities carried out under this 

15 section. Such process shall include— 

16 ‘‘(A) the development of guidelines for the 

17 submission of program data by grant, contract, 

18 or cooperative agreement recipients; 

19 ‘‘(B) the development of measures of out20 comes (in accordance with paragraph (2)) to be 

21 applied by such recipients in evaluating pro22 grams carried out under this section; and 

23 ‘‘(C) the submission of annual reports by 

24 such recipients concerning the effectiveness of 

25 programs carried out under this section. 


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1 ‘‘(2) MEASURES OF OUTCOMES.— 

2 ‘‘(A) IN GENERAL.—The Administrator 

3 shall develop measures of outcomes to be ap4 plied by recipients of assistance under this sec5 tion, and the Administrator, in evaluating the 

6 effectiveness of programs carried out under this 

7 section. Such measures shall include student 

8 and family measures as provided for in sub9 paragraph (B) and local educational measures 

10 as provided for under subparagraph (C). 

11 ‘‘(B) STUDENT AND FAMILY MEASURES OF

12 OUTCOMES.—The measures of outcomes devel13 oped under paragraph (1)(B) relating to stu14 dents and families shall, with respect to activi15 ties carried out under a program under this 

16 section, at a minimum include provisions to 

17 evaluate whether the program is effective in— 

18 ‘‘(i) improving social, emotional, men19 tal, and behavioral health and wellness; 

20 ‘‘(ii) increasing academic competency 

21 (as defined by Secretary); 

22 ‘‘(iii) reducing disruptive and aggres23 sive behaviors; 

24 ‘‘(iv) improving child functioning; 

25 ‘‘(v) reducing substance use disorders; 


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1 ‘‘(vi) reducing suspensions, truancy, 

2 expulsions and violence; 

3 ‘‘(vii) increasing graduation rates (as 

4 defined in section 1111(b)(2)(C)(vi) of the 

5 Elementary and Secondary Education Act 

6 of 1965); and 

7 ‘‘(viii) improving access to care for 

8 mental health disorders. 

9 ‘‘(C) LOCAL EDUCATIONAL OUTCOMES.— 

10 The outcome measures developed under para11 graph (1)(B) relating to local educational sys12 tems shall, with respect to activities carried out 

13 under a program under this section, at a min14 imum include provisions to evaluate— 

15 ‘‘(i) the effectiveness of comprehensive 

16 school mental health programs established 

17 under this section; 

18 ‘‘(ii) the effectiveness of formal part19 nership linkages among child and family 

20 serving institutions, community support 

21 systems, and the educational system; 

22 ‘‘(iii) the progress made in sustaining 

23 the program once funding under the grant 

24 has expired; 


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1 ‘‘(iv) the effectiveness of training and 

2 professional development programs for all 

3 school personnel that incorporate indica4 tors that measure cultural and linguistic 

5 competencies under the program in a man6 ner that incorporates appropriate cultural 

7 and linguistic training; 

8 ‘‘(v) the improvement in perception of 

9 a safe and supportive learning environment 

10 among school staff, students, and parents; 

11 ‘‘(vi) the improvement in case-finding 

12 of students in need of more intensive serv13 ices and referral of identified students to 

14 early intervention and clinical services; 

15 ‘‘(vii) the improvement in the imme16 diate availability of clinical assessment and 

17 treatment services within the context of 

18 the local community to students posing a 

19 danger to themselves or others; 

20 ‘‘(viii) the increased successful matric21 ulation to postsecondary school; and 

22 ‘‘(ix) reduced referrals to juvenile jus23 tice. 

24 ‘‘(3) SUBMISSION OF ANNUAL DATA.—An entity 

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1 ment under this section shall annually submit to the 

2 Administrator a report that includes data to evalu3 ate the success of the program carried out by the en4 tity based on whether such program is achieving the 

5 purposes of the program. Such reports shall utilize 

6 the measures of outcomes under paragraph (2) in a 

7 reasonable manner to demonstrate the progress of 

8 the program in achieving such purposes. 

9 ‘‘(4) EVALUATION BY ADMINISTRATOR.—Based 

10 on the data submitted under paragraph (3), the Ad11 ministrator shall annually submit to Congress a re12 port concerning the results and effectiveness of the 

13 programs carried out with assistance received under 

14 this section. 

15 ‘‘(5) LIMITATION.—A grantee shall use not to 

16 exceed 10 percent of amounts received under a grant 

17 under this section to carry out evaluation activities 

18 under this subsection. 

19 ‘‘(g) INFORMATION AND EDUCATION.—The Sec20 retary shall establish comprehensive information and edu21 cation programs to disseminate the findings of the knowl22 edge development and application under this section to the 

23 general public and to health care professionals. 

24 ‘‘(h) AMOUNT OF GRANTS AND AUTHORIZATION OF

25 APPROPRIATIONS.— 


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1 ‘‘(1) AMOUNT OF GRANTS.—A grant under this 

2 section shall be in an amount that is not more than 

3 $1,000,000 for each of grant years 2013 through 

4 2017. The Secretary shall determine the amount of 

5 each such grant based on the population of children 

6 up to age 21 of the area to be served under the 

7 grant. 

8 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

9 There is authorized to be appropriated to carry out 

10 this section, $200,000,000 for each of fiscal years 

11 2013 through 2017.’’. 

12 (c) CONFORMING AMENDMENT.—Part G of title V of 

13 the Public Health Service Act (42 U.S.C. 290hh et seq.), 

14 as amended by this section, is further amended by striking 

15 the part heading and inserting the following: 

16 ‘‘PART G—SCHOOL-BASED MENTAL HEALTH’’. 

17 SEC. 103. JUSTICE AND MENTAL HEALTH COLLABORATION. 

18 (a) ASSISTING VETERANS.— 

19 (1) REDESIGNATION.—Section 2991 of the Om20 nibus Crime Control and Safe Streets Act of 1968 

21 (42 U.S.C. 3797aa) is amended by redesignating 

22 subsection (i) as subsection (l). 

23 (2) ASSISTING VETERANS.—Section 2991 of the 

24 Omnibus Crime Control and Safe Streets Act of 


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1 1968 (42 U.S.C. 3797aa) is amended by inserting 

2 after subsection (h) the following: 

3 ‘‘(i) ASSISTING VETERANS.— 

4 ‘‘(1) DEFINITIONS.—In this subsection: 

5 ‘‘(A) PEER TO PEER SERVICES OR PRO6 GRAMS.—The term ‘peer to peer services or 

7 programs’ means services or programs that con8 nect qualified veterans with other veterans for 

9 the purpose of providing support and 

10 mentorship to assist qualified veterans in ob11 taining treatment, recovery, stabilization, or re12 habilitation. 

13 ‘‘(B) QUALIFIED VETERAN.—The term 

14 ‘qualified veteran’ means a preliminarily quali15 fied offender who— 

16 ‘‘(i) has served on active duty in any 

17 branch of the Armed Forces, including the 

18 National Guard and reserve components; 

19 and 

20 ‘‘(ii) was discharged or released from 

21 such service under conditions other than 

22 dishonorable. 

23 ‘‘(C) VETERANS TREATMENT COURT PRO24 GRAM.—The term ‘veterans treatment court 

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1 laboration among criminal justice, veterans, and 

2 mental health and substance abuse agencies 

3 that provides qualified veterans with— 

4 ‘‘(i) intensive judicial supervision and 

5 case management, which may include ran6 dom and frequent drug testing where ap7 propriate; 

8 ‘‘(ii) a full continuum of treatment 

9 services, including mental health services, 

10 substance abuse services, medical services, 

11 and services to address trauma; 

12 ‘‘(iii) alternatives to incarceration; or 

13 ‘‘(iv) other appropriate services, which 

14 may include housing, transportation, men15 toring, employment, job training, edu16 cation, and assistance in applying for and 

17 obtaining available benefits. 

18 ‘‘(2) VETERANS ASSISTANCE PROGRAM.— 

19 ‘‘(A) IN GENERAL.—The Attorney General, 

20 in consultation with the Secretary of Veterans 

21 Affairs, may award grants under this sub22 section to applicants to establish or expand— 

23 ‘‘(i) veterans treatment court pro24 grams; 


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1 ‘‘(ii) peer to peer services or programs 

2 for qualified veterans; 

3 ‘‘(iii) practices that identify and pro4 vide treatment, rehabilitation, legal, transi5 tional, and other appropriate services to 

6 qualified veterans who have been incarcer7 ated; and 

8 ‘‘(iv) training programs to teach 

9 criminal justice, law enforcement, correc10 tions, mental health, and substance abuse 

11 personnel how to identify and appro12 priately respond to incidents involving 

13 qualified veterans. 

14 ‘‘(B) PRIORITY.—In awarding grants 

15 under this subsection, the Attorney General 

16 shall give priority to applications that— 

17 ‘‘(i) demonstrate collaboration be18 tween and joint investments by criminal 

19 justice, mental health, substance abuse, 

20 and veterans service agencies; 

21 ‘‘(ii) promote effective strategies to 

22 identify and reduce the risk of harm to 

23 qualified veterans and public safety; and 


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1 ‘‘(iii) propose interventions with em2 pirical support to improve outcomes for 

3 qualified veterans.’’. 

4 (b) CORRECTIONAL FACILITIES.—Section 2991 of 

5 the Omnibus Crime Control and Safe Streets Act of 1968 

6 (42 U.S.C. 3797aa) is amended by inserting after sub7 section (i), as so added by subsection (a), the following: 

8 ‘‘(j) CORRECTIONAL FACILITIES.— 

9 ‘‘(1) DEFINITIONS.— 

10 ‘‘(A) CORRECTIONAL FACILITY.—The term 

11 ‘correctional facility’ means a jail, prison, or 

12 other detention facility used to house people 

13 who have been arrested, detained, held, or con14 victed by a criminal justice agency or a court. 

15 ‘‘(B) ELIGIBLE INMATE.—The term ‘eligi16 ble inmate’ means an individual who— 

17 ‘‘(i) is being held, detained, or incar18 cerated in a correctional facility; and 

19 ‘‘(ii) manifests obvious signs of a 

20 mental illness or has been diagnosed by a 

21 qualified mental health professional as hav22 ing a mental illness. 

23 ‘‘(2) CORRECTIONAL FACILITY GRANTS.—The 

24 Attorney General may award grants to applicants to 

25 enhance the capabilities of a correctional facility— 


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1 ‘‘(A) to identify and screen for eligible in2 mates; 

3 ‘‘(B) to plan and provide— 

4 ‘‘(i) initial and periodic assessments of 

5 the clinical, medical, and social needs of in6 mates; and 

7 ‘‘(ii) appropriate treatment and serv8 ices that address the mental health and 

9 substance abuse needs of inmates; 

10 ‘‘(C) to develop, implement, and enhance— 

11 ‘‘(i) post-release transition plans for 

12 eligible inmates that, in a comprehensive 

13 manner, coordinate health, housing, med14 ical, employment, and other appropriate 

15 services and public benefits; 

16 ‘‘(ii) the availability of mental health 

17 care services and substance abuse treat18 ment services; and 

19 ‘‘(iii) alternatives to solitary confine20 ment and segregated housing and mental 

21 health screening and treatment for inmates 

22 placed in solitary confinement or seg23 regated housing; and 

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1 spond to incidents involving inmates with men2 tal health or co-occurring mental health and 

3 substance abuse disorders.’’. 

4 (c) HIGH UTILIZERS.—Section 2991 of the Omnibus 

5 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

6 3797aa) is amended by inserting after subsection (j), as 

7 added by subsection (b), the following: 

8 ‘‘(k) DEMONSTRATION GRANTS RESPONDING TO

9 HIGH UTILIZERS.— 

10 ‘‘(1) DEFINITION.—In this subsection, the term 

11 ‘high utilizer’ means an individual who— 

12 ‘‘(A) manifests obvious signs of mental ill13 ness or has been diagnosed by a qualified men14 tal health professional as having a mental ill15 ness; and 

16 ‘‘(B) consumes a significantly dispropor17 tionate quantity of public resources, such as 

18 emergency, housing, judicial, corrections, and 

19 law enforcement services. 

20 ‘‘(2) DEMONSTRATION GRANTS RESPONDING TO

21 HIGH UTILIZERS.— 

22 ‘‘(A) IN GENERAL.—The Attorney General 

23 may award not more than 6 grants per year 

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1 pose of reducing the use of public services by 

2 high utilizers. 

3 ‘‘(B) USE OF GRANTS.—A recipient of a 

4 grant awarded under this subsection may use 

5 the grant— 

6 ‘‘(i) to develop or support multidisci7 plinary teams that coordinate, implement, 

8 and administer community-based crisis re9 sponses and long-term plans for high uti10 lizers; 

11 ‘‘(ii) to provide training on how to re12 spond appropriately to the unique issues 

13 involving high utilizers for public service 

14 personnel, including criminal justice, men15 tal health, substance abuse, emergency 

16 room, healthcare, law enforcement, correc17 tions, and housing personnel; 

18 ‘‘(iii) to develop or support alter19 natives to hospital and jail admissions for 

20 high utilizers that provide treatment, sta21 bilization, and other appropriate supports 

22 in the least restrictive, yet appropriate, en23 vironment; or 

24 ‘‘(iv) to develop protocols and systems 

25 among law enforcement, mental health, 


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1 substance abuse, housing, corrections, and 

2 emergency medical service operations to 

3 provide coordinated assistance to high uti4 lizers. 

5 ‘‘(C) REPORT.—Not later than the last 

6 day of the first year following the fiscal year in 

7 which a grant is awarded under this subsection, 

8 the recipient of the grant shall submit to the 

9 Attorney General a report that— 

10 ‘‘(i) measures the performance of the 

11 grant recipient in reducing the use of pub12 lic services by high utilizers; and 

13 ‘‘(ii) provides a model set of practices, 

14 systems, or procedures that other jurisdic15 tions can adopt to reduce the use of public 

16 services by high utilizers.’’. 

17 (d) ACADEMY TRAINING.—Section 2991(h) of the 

18 Omnibus Crime Control and Safe Streets Act of 1968 (42 

19 U.S.C. 3797aa(h)) is amended— 

20 (1) in paragraph (1), by adding at the end the 

21 following: 

22 ‘‘(F) ACADEMY TRAINING.—To provide 

23 support for academy curricula, law enforcement 

24 officer orientation programs, continuing edu25 cation training, and other programs that teach 


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1 law enforcement personnel how to identify and 

2 respond to incidents involving individuals with 

3 mental illness or co-occurring mental illness and 

4 substance abuse disorders.’’; and 

5 (2) by adding at the end the following: 

6 ‘‘(4) PRIORITY CONSIDERATION.—The Attorney 

7 General, in awarding grants under this subsection, 

8 shall give priority to programs that law enforcement 

9 personnel and members of the mental health and 

10 substance abuse professions develop and administer 

11 cooperatively.’’. 

12 (e) EVIDENCE BASED PRACTICES.—Section 2991(c) 

13 of the Omnibus Crime Control and Safe Streets Act of 

14 1968 (42 U.S.C. 3797aa(c)) is amended— 

15 (1) in paragraph (3), by striking ‘‘or’’ at the 

16 end; 

17 (2) by redesignating paragraph (4) as para18 graph (6); and 

19 (3) by inserting after paragraph (3), the fol20 lowing: 

21 ‘‘(4) propose interventions that have been 

22 shown by empirical evidence to reduce recidivism; 

23 ‘‘(5) when appropriate, use validated assess24 ment tools to target preliminarily qualified offenders 


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1 with a moderate or high risk of recidivism and a 

2 need for treatment and services; or’’. 

3 (f) SAFE COMMUNITIES.— 

4 (1) IN GENERAL.—Section 2991(a) of the Om5 nibus Crime Control and Safe Streets Act of 1968 

6 (42 U.S.C. 3797aa(a)) is amended by striking para7 graph (9) and inserting the following: 

8 ‘‘(9) PRELIMINARILY QUALIFIED OFFENDER.— 

9 ‘‘(A) IN GENERAL.—The term ‘prelimi10 narily qualified offender’ means an adult or ju11 venile accused of an offense who— 

12 ‘‘(i)(I) previously or currently has 

13 been diagnosed by a qualified mental 

14 health professional as having a mental ill15 ness or co-occurring mental illness and 

16 substance abuse disorders; 

17 ‘‘(II) manifests obvious signs of men18 tal illness or co-occurring mental illness 

19 and substance abuse disorders during ar20 rest or confinement or before any court; or 

21 ‘‘(III) in the case of a veterans treat22 ment court provided under subsection (i), 

23 has been diagnosed with, or manifests ob24 vious signs of, mental illness or a sub25 stance abuse disorder or co-occurring menVerDate Mar 15 2010 03:07 Jun 06, 2014 Jkt 039200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H4783.IH H4783

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1 tal illness and substance abuse disorder; 

2 and 

3 ‘‘(ii) has been unanimously approved 

4 for participation in a program funded 

5 under this section by, when appropriate, 

6 the relevant— 

7 ‘‘(I) prosecuting attorney; 

8 ‘‘(II) defense attorney; 

9 ‘‘(III) probation or corrections 

10 official; 

11 ‘‘(IV) judge; and 

12 ‘‘(V) a representative from the 

13 relevant mental health agency de14 scribed in subsection (b)(5)(B)(i). 

15 ‘‘(B) DETERMINATION.—In determining 

16 whether to designate an individual as a prelimi17 narily qualified offender, the relevant pros18 ecuting attorney, defense attorney, probation or 

19 corrections official, judge, and mental health or 

20 substance abuse agency representative shall 

21 take into account— 

22 ‘‘(i) whether the participation of the 

23 individual in the program would pose a 

24 substantial risk of violence to the commu25 nity; 


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1 ‘‘(ii) the criminal history of the indi2 vidual and the nature and severity of the 

3 offense for which the individual is charged; 

4 ‘‘(iii) the views of any relevant victims 

5 to the offense; 

6 ‘‘(iv) the extent to which the indi7 vidual would benefit from participation in 

8 the program; 

9 ‘‘(v) the extent to which the commu10 nity would realize cost savings because of 

11 the individual’s participation in the pro12 gram; and 

13 ‘‘(vi) whether the individual satisfies 

14 the eligibility criteria for program partici15 pation unanimously established by the rel16 evant prosecuting attorney, defense attor17 ney, probation or corrections official, judge 

18 and mental health or substance abuse 

19 agency representative.’’. 

20 (2) TECHNICAL AND CONFORMING AMEND21 MENT.—Section 2927(2) of the Omnibus Crime 

22 Control and Safe Streets Act of 1968 (42 U.S.C. 

23 3797s–6(2)) is amended by striking ‘‘has the mean24 ing given that term in section 2991(a).’’ and insert25 ing ‘‘means an offense that— 


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1 ‘‘(A) does not have as an element the use, 

2 attempted use, or threatened use of physical 

3 force against the person or property of another; 

4 or 

5 ‘‘(B) is not a felony that by its nature in6 volves a substantial risk that physical force 

7 against the person or property of another may 

8 be used in the course of committing the of9 fense.’’. 

10 (g) REAUTHORIZATION OF APPROPRIATIONS.—Sub11 section (l) of section 2991 of the Omnibus Crime Control 

12 and Safe Streets Act of 1968 (42 U.S.C. 3797aa), as re13 designated in subsection (a)(1), is amended— 

14 (1) in paragraph (1)— 

15 (A) in subparagraph (B), by striking 

16 ‘‘and’’ at the end; 

17 (B) in subparagraph (C), by striking the 

18 period and inserting ‘‘; and’’; and 

19 (C) by adding at the end the following: 

20 ‘‘(D) $40,000,000 for each of fiscal years 

21 2015 through 2019.’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(3) LIMITATION.—Not more than 20 percent 

24 of the funds authorized to be appropriated under 


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1 this section may be used for purposes described in 

2 subsection (i) (relating to veterans).’’. 

3 TITLE II—IMPROVING MENTAL 

4 HEALTH RESEARCH 

5 SEC. 201. RESEARCH WITH RESPECT TO VIOLENCE. 

6 The Secretary of Health and Human Services, in con7 sultation with the Director of the National Institutes of 

8 Health, shall expand and intensify research on self-di9 rected and other-directed violence associated with mental 

10 illness. 

11 TITLE III—UNDERSTANDING 

12 THE EPIDEMIC OF GUN VIO13 LENCE 

14 SEC. 301. NATIONAL VIOLENT DEATH REPORTING SYSTEM. 

15 The Secretary of Health and Human Services, acting 

16 through the Director of the Centers for Disease Control 

17 and Prevention, shall improve the National Violent Death 

18 Reporting System, as authorized by title III of the Public 

19 Health Service Act (42 U.S.C. 241 et seq.), particularly 

20 through the expansion of the application of such system 

21 to include the 50 States. Participation in the system by 

22 the States shall be voluntary. 


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1 SEC. 302. REAFFIRMING CENTERS FOR DISEASE CON2 TROL’S AUTHORITY. 

3 (a) IN GENERAL.—Section 391 of the Public Health 

4 Service Act (42 U.S.C. 280b) is amended— 

5 (1) in subsection (a)(1), by striking ‘‘research 

6 relating to the causes, mechanisms, prevention, diag7 nosis, treatment of injuries, and rehabilitation from 

8 injuries;’’ and inserting ‘‘research, including data 

9 collection, relating to— 

10 ‘‘(A) the causes, mechanisms, prevention, diag11 nosis, and treatment of injuries, including with re12 spect to gun violence; and 

13 ‘‘(B) rehabilitation from such injuries;’’; and 

14 (2) by adding at the end the following new sub15 section: 

16 ‘‘(c) NO ADVOCACY OR PROMOTION OF GUN CON17 TROL.—Nothing in this section shall be construed to— 

18 ‘‘(1) authorize the Secretary to give assistance, 

19 make grants, or enter into cooperative agreements or 

20 contracts for the purpose of advocating or promoting 

21 gun control; or 

22 ‘‘(2) permit a recipient of any assistance, grant, 

23 cooperative agreement, or contract under this section 

24 to use such assistance, grant, agreement, or contract 

25 for the purpose of advocating or promoting gun con26 trol.’’. 


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1 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 394A of the Public Health Service Act (42 U.S.C. 280b– 

3 3) is amended by striking ‘‘authorized to be appropriated’’ 

4 and all that follows through the end and inserting the fol5 lowing: ‘‘authorized to be appropriated such sums as may 

6 be necessary for each of fiscal years 2015 through 2019.’’. 

7 SEC. 303. PROTECTING CONFIDENTIAL DOCTOR-PATIENT 

8 RELATIONSHIP. 

9 Section 2717(c) of the Public Health Service Act (42 

10 U.S.C. 300gg–17(c)) is amended by adding at the end the 

11 following new paragraph: 

12 ‘‘(6) RULE OF CONSTRUCTION.—Notwith13 standing the previous provisions of this subsection, 

14 none of the authorities provided to the Secretary 

15 under this subsection, Public Law 111–148, or an 

16 amendment made by such Public Law shall be con17 strued to prohibit a physician or other health care 

18 provider from— 

19 ‘‘(A) asking a patient about the ownership, 

20 possession, use, or storage of a firearm or am21 munition in the home of such patient; 

22 ‘‘(B) speaking to a patient about gun safe23 ty; or 

24 ‘‘(C) reporting to the authorities a pa25 tient’s threat of violence.’’. 


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1 TITLE IV—MENTAL HEALTH AND 

2 ACCESS TO FIREARMS 

3 SEC. 401. BAN ON FIREARM POSSESSION BY PERSON COM4 MITTED INVOLUNTARILY TO MENTAL INSTI5 TUTION ON AN OUTPATIENT BASIS. 

6 Subsections (d)(4) and (g)(4) of section 922 of title 

7 18, United States Code, are each amended by inserting 

8 ‘‘on an involuntary inpatient or involuntary outpatient 

9 basis’’ before the semicolon. 

10 SEC. 402. BAN ON FIREARM POSSESSION BY PERSON CON11 VICTED OF MISDEMEANOR STALKING; EX12 PANSION OF SCOPE OF MISDEMEANOR 

13 CRIME OF DOMESTIC VIOLENCE. 

14 (a) BAN ON FIREARM POSSESSION BY PERSON CON15 VICTED OF MISDEMEANOR STALKING.—Section 922 of 

16 title 18, United States Code, is amended— 

17 (1) in the first sentence of subsection (d)— 

18 (A) in paragraph (8)(ii), by striking ‘‘or’’ 

19 at the end; 

20 (B) in paragraph (9), by striking the pe21 riod and inserting ‘‘; or’’; and 

22 (C) by adding at the end the following: 

23 ‘‘(10) has been convicted in any court of a mis24 demeanor crime of stalking.’’; and 

25 (2) in subsection (g)— 


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1 (A) in paragraph (8)(C)(ii), by striking 

2 ‘‘or’’ at the end; 

3 (B) in paragraph (9), by striking the 

4 comma and inserting ‘‘; or’’; and 

5 (C) by inserting after paragraph (9) the 

6 following: 

7 ‘‘(10) who has been convicted in any court of 

8 a misdemeanor crime of stalking,’’. 

9 (b) DEFINITION OF MISDEMEANOR CRIME OF

10 STALKING; EXPANSION OF SCOPE OF MISDEMEANOR

11 CRIME OF DOMESTIC VIOLENCE.—Section 921(a)(33) of 

12 such title is amended by striking all that precedes sub13 paragraph (B) and inserting the following: 

14 ‘‘(33)(A) Except as provided in subparagraph 

15 (B): 

16 ‘‘(i) The term ‘misdemeanor crime of do17 mestic violence’ means an offense that— 

18 ‘‘(I) is a misdemeanor under Federal, 

19 State, or tribal law; and 

20 ‘‘(II) has, as an element, the use or 

21 attempted use of physical force, or the 

22 threatened use of a deadly weapon, com23 mitted by a current or former spouse, par24 ent, child, grandparent, grandchild, sibling, 

25 or guardian of the victim, by a person with 


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1 whom the victim shares a child in common, 

2 by a person who is cohabiting with or has 

3 cohabited with the victim as a spouse, par4 ent, or guardian, by a dating partner (as 

5 defined in section 40002(a)(9) of the Vio6 lence Against Women Act of 1994), or by 

7 a person similarly situated to a spouse, 

8 parent, dating partner, or guardian of the 

9 victim. 

10 ‘‘(ii) The term ‘misdemeanor crime of 

11 stalking’ means an offense that— 

12 ‘‘(I) is a misdemeanor under Federal, 

13 State, territorial, or tribal law; and 

14 ‘‘(II) has, as an element, conduct pro15 hibited by section 2261A or the threatened 

16 use of a deadly weapon, committed by a 

17 person against another person.’’. 

18 SEC. 403. EXPANSION OF DEFINITION OF INTIMATE PART19 NER. 

20 Section 921(a)(32) of title 18, United States Code, 

21 is amended by striking ‘‘the spouse’’ and all that follows 

22 and inserting ‘‘a current or former spouse, parent, child, 

23 grandparent, grandchild, sibling, or guardian of the per24 son, an individual with whom the person shares a child 

25 in common, a person who is cohabiting with or has 


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1 cohabited with the person as a spouse, parent, or guard2 ian, a dating partner (as defined in section 40002(a)(9) 

3 of the Violence Against Women Act of 1994) of the per4 son, or by a person similarly situated to a spouse, parent, 

5 dating partner, sibling, or guardian of the person.’’. 

6 SEC. 404. GRANT PROGRAM REGARDING FIREARMS. 

7 Section 506(b) of the Omnibus Crime Control and 

8 Safe Streets Act of 1968 (42 U.S.C. 3756(b)) is amend9 ed— 

10 (1) by striking ‘‘1 or more States or units of 

11 local government, for 1 or more of the purposes 

12 specified in section 501, pursuant to his determina13 tion that the same is necessary’’; 

14 (2) by inserting before paragraph (1) the fol15 lowing: 

16 ‘‘(1) 1 or more States or units of local govern17 ment, for 1 or more of the purposes specified in sec18 tion 501, pursuant to his determination that the 

19 same is necessary—’’; 

20 (3) by redesignating paragraph (1) as subpara21 graph (A); 

22 (4) in paragraph (2)— 

23 (A) by striking the period at the end and 

24 inserting ‘‘; or’’; and 


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1 (B) by redesignating paragraph (2) as sub2 paragraph (B); and 

3 (5) by adding at the end the following: 

4 ‘‘(2) 1 or more States, if that State has dem5 onstrated, in the determination of the Attorney Gen6 eral, that the State has adopted policies, procedures, 

7 protocols, laws or regulations pertaining to the pos8 session or transfer of firearms or ammunition that— 

9 ‘‘(A)(i) give State and local law enforce10 ment the authority, to the extent allowable 

11 under Federal laws and the United States Con12 stitution, to seize firearms or ammunition from 

13 an individual pursuant to a warrant, where 

14 there is probable cause to believe that the indi15 vidual in possession of such firearms or ammu16 nition poses an elevated risk of harm to himself 

17 or herself or to another individual, which may 

18 be determined by considering whether the indi19 vidual has caused harm to himself or herself or 

20 another individual, has detailed plans to cause 

21 harm to himself or herself or another indi22 vidual, has a history of substance abuse, or 

23 lacks impulse control; and 

24 ‘‘(ii) provide that not later than 14 days 

25 after such a seizure, an individual from whom 


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1 a firearm or ammunition was so seized shall be 

2 given an opportunity to contest such seizure in 

3 court, and any firearm or ammunition so seized 

4 shall be returned to the individual, unless a 

5 State or local law enforcement officer dem6 onstrates in court by a preponderance of the 

7 evidence that the individual from whom a fire8 arm or ammunition was seized poses an ele9 vated risk of harm to himself or herself or to 

10 another individual; or 

11 ‘‘(B) temporarily prohibit an individual 

12 who has been involuntarily hospitalized for a 

13 period of not less than 48 hours for mental ill14 ness on an emergency basis, from possessing a 

15 firearm or ammunition;’’. 

16 SEC. 405. NOTIFICATION OF STATE AND LOCAL LAW EN17 FORCEMENT AUTHORITIES OF ATTEMPT TO 

18 PURCHASE FIREARM BY INELIGIBLE PER19 SON. 

20 (a) IN GENERAL.—The Attorney General shall estab21 lish a system for the prompt notification of the relevant 

22 State and local enforcement agencies when the National 

23 Instant Criminal Background Check System established 

24 under section 103 of the Brady Handgun Violence Preven25 tion Act notifies a licensed dealer that the information 


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1 available to the system indicates that the possession of a 

2 firearm by an individual attempting to obtain a firearm 

3 from the licensed dealer would violate subsection (g) or 

4 (n) of section 922 of title 18, United States Code, or State 

5 law, except when it is determined, on a case-by-case basis, 

6 that law enforcement purposes would best be served by 

7 not providing such a notice. 

8 (b) DEFINITIONS.—In this section, the terms ‘‘fire9 arm’’ and ‘‘licensed dealer’’ shall have the meanings given 

10 such terms in section 921(a) of title 18, United States 

11 Code. 

12 TITLE V—RESTORATION 

13 SEC. 501. FEDERAL AGENCY RELIEF PROGRAM. 

14 Section 101(c) of the NICS Improvement Amend15 ments Act of 2007 (18 U.S.C. 922 note) is amended— 

16 (1) in paragraph (2)(A)(i), by inserting after 

17 ‘‘imposed by such subsections’’ the following: ‘‘if 

18 such person is a person described in subparagraph 

19 (C) and submits the opinion (and records and infor20 mation supporting the opinion) of a psychiatrist or 

21 licensed clinical psychologist who has personally 

22 evaluated the person’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(C) PERSON DESCRIBED.—A person is 

25 described in this subparagraph if, beginning not 


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1 earlier than 1 year after the person is subject 

2 to the disabilities imposed by subsection (d)(4) 

3 or (g)(4) of section 922 of title 18, United 

4 States Code, and after affording the Federal 

5 department or agency the opportunity to re6 quest an additional evaluation, by a psychiatrist 

7 or licensed clinical psychologist appointed by 

8 the department or agency, the department or 

9 agency determines by a preponderance of the 

10 evidence received that— 

11 ‘‘(i) the person no longer manifests 

12 the symptoms of mental disorder that re13 sulted in that person’s adjudication as a 

14 mental defective or involuntary commit15 ment or that otherwise significantly elevate 

16 the risk of harm to self or others; 

17 ‘‘(ii) the person has adhered consist18 ently to any prescribed treatment for a 

19 substantial period of time preceding the 

20 date of the application and has expressed 

21 a willingness to continue treatment under 

22 an appropriate mental health professional; 

23 ‘‘(iii) if ongoing treatment is required, 

24 that adherence to that treatment is likely 

25 to minimize the risk that the person will 


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1 revert to a mental state that would present 

2 a danger to self or others; and 

3 ‘‘(iv) the granting of the relief would 

4 not be contrary to the public interest.’’. 

5 SEC. 502. STATE RELIEF PROGRAMS. 

6 (a) IN GENERAL.—Section 105 of the NICS Im7 provement Amendments Act of 2007 (18 U.S.C. 922 note) 

8 is amended— 

9 (1) in subsection (a)(2), by striking ‘‘if the cir10 cumstances regarding the disabilities referred to in 

11 paragraph (1), and the person’s record and reputa12 tion, are such that the person will not be likely to 

13 act in a manner dangerous to public safety and that 

14 the granting of the relief would not be contrary to 

15 the public interest; and’’ and inserting the following: 

16 ‘‘beginning not earlier than 1 year after the person 

17 is first adjudicated as described in subsection (g)(4) 

18 of section 922 of title 18, United States Code, if the 

19 person submits the opinion (and records and infor20 mation supporting the opinion) of a psychiatrist or 

21 licensed clinical psychologist who has personally 

22 evaluated the person, and after affording the State 

23 the opportunity to request an additional evaluation, 

24 by a psychiatrist or licensed clinical psychologist ap25 pointed by the court, board, commission, or other 


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1 lawful authority, only if the court, board, commis2 sion, or other lawful authority determines by a pre3 ponderance of the evidence received that the person 

4 is a person described in subsection (c); and’’; and 

5 (2) by adding at the end the following: 

6 ‘‘(c) ELIGIBLE PERSON DESCRIBED.—A person de7 scribed in this subsection is any person who submits with 

8 the application for relief under subsection (a)(1), the opin9 ion (and records and information supporting the opinion) 

10 of a psychiatrist or licensed clinical psychologist who has 

11 personally evaluated the petitioner and which attests 

12 that— 

13 ‘‘(1) the person no longer manifests the symp14 toms of mental disorder that resulted in that per15 son’s adjudication as a mental defective or involun16 tary commitment; 

17 ‘‘(2) the person appears to have adhered con18 sistently to any prescribed treatment for a substan19 tial period of time preceding the date of the applica20 tion and has expressed a willingness to continue 

21 treatment under an appropriate mental health pro22 fessional; 

23 ‘‘(3) if ongoing treatment is required, that ad24 herence to that treatment is likely to minimize the 


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1 risk that the person will revert to a mental state 

2 that would present a danger to self or others; and 

3 ‘‘(4) the granting of the relief would not be con4 trary to the public interest. 

5 ‘‘(d) DEFINITIONS.—The Attorney General may, by 

6 rule, define terms used in this section to ensure conformity 

7 with Federal programs providing relief from disabilities 

8 imposed under subsections (d) and (g) of section 922 of 

9 title 18, United States Code.’’. 

10 (b) TRANSITION RULE.—The amendment made by 

11 subsection (a) shall apply only beginning on the date that 

12 is 5 years after the date of enactment of this Act, in the 

13 case of any State that has a program described in section 

14 105 of the NICS Improvement Amendments Act of 2007 

15 (18 U.S.C. 922 note) in effect on the date of enactment 

16 of this Act. 

17 SEC. 503. GENERAL FEDERAL RELIEF. 

18 Section 925 of title 18, United States Code, is 

19 amended in subsection (c)— 

20 (1) by striking ‘‘(c) A person’’ and inserting 

21 ‘‘(c)(1) Except as otherwise provided in paragraph 

22 (2), a person’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(2) In the case of a person who is subject to the 

25 disability imposed under subsection (d)(4) or subsection 


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1 (g)(4) of section 922, such person may not receive relief 

2 under this subsection unless— 

3 ‘‘(A) the person submits an application not ear4 lier than 1 year after the person is first subject to 

5 the disability imposed under subsection (d)(4) or 

6 subsection (g)(4) of section 922; 

7 ‘‘(B) the person submits, with the application 

8 for relief, the opinion (and records and information 

9 supporting the opinion) of a psychiatrist or licensed 

10 clinical psychologist who has personally evaluated 

11 the petitioner and which attests that— 

12 ‘‘(i) the person no longer manifests the 

13 symptoms of mental disorder that resulted in 

14 that person’s adjudication as a mental defective 

15 or involuntary commitment; 

16 ‘‘(ii) the person appears to have adhered 

17 consistently to any prescribed treatment for a 

18 substantial period of time preceding the date of 

19 the application; and 

20 ‘‘(iii) if ongoing treatment is required, that 

21 adherence to that treatment is likely to mini22 mize the risk that the person will revert to a 

23 mental state that would present a danger to self 

24 or others; 


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1 ‘‘(C) the Attorney General is afforded the op2 portunity to request an additional evaluation, by a 

3 psychiatrist or licensed clinical psychologist ap4 pointed by the court; and 

5 ‘‘(D) the Attorney General determines by a pre6 ponderance of the evidence received that— 

7 ‘‘(i) the person no longer manifests the 

8 symptoms of mental disorder that resulted in 

9 that person’s adjudication as a mental defective 

10 or involuntary commitment; 

11 ‘‘(ii) the person appears to have adhered 

12 consistently to any prescribed treatment for a 

13 substantial period of time preceding the date of 

14 the application and has expressed a willingness 

15 to continue treatment under an appropriate 

16 mental health professional; 

17 ‘‘(iii) if ongoing treatment is required, that 

18 adherence to that treatment is likely to mini19 mize the risk that the person will revert to a 

20 mental state that would present a danger to self 

21 or others; and 

22 ‘‘(iv) the granting of the relief would not 

23 be contrary to the public interest.’’. 


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1 TITLE VI—SUBMISSION OF MEN2 TAL HEALTH RECORDS TO 

3 NATIONAL INSTANT CRIMI4 NAL BACKGROUND CHECK 

5 SYSTEM 

6 SEC. 601. REPORTS RELATING TO SUBMISSION OF INFOR7 MATION TO NICS. 

8 Section 201 of the NICS Improvement Amendments 

9 Act of 2007 (18 U.S.C. 922 note) is amended— 

10 (1) by amending subsection (b) to read as fol11 lows: 

12 ‘‘(b) REPORT ON PERSONS PROHIBITED FROM OB13 TAINING FIREARMS AS A RESULT OF A CONVICTION OF

14 A MISDEMEANOR CRIME OF DOMESTIC VIOLENCE.—Not 

15 later than January 31 of each year, the Director shall sub16 mit to Congress a report containing the number of persons 

17 reported by each State to the National Instant Criminal 

18 Background Check System who are prohibited from pos19 sessing or receiving a firearm under section 922(g)(9) of 

20 title 18, United States Code.’’; 

21 (2) by redesignating subsection (d) as (e); and 

22 (3) by inserting after subsection (c) the fol23 lowing: 

24 ‘‘(d) REPORT ON PROMISING PRACTICES.— 


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1 ‘‘(1) IN GENERAL.—Not later than 180 days 

2 after the date of enactment of the Promoting 

3 Healthy Minds for Safer Communities Act of 2014, 

4 and annually thereafter, the Director shall submit to 

5 Congress and to each State participating in the Na6 tional Criminal History Improvement Program, a re7 port of the practices of the States that the Director 

8 considers to be promising practices. 

9 ‘‘(2) PROMISING PRACTICE DEFINED.—For 

10 purposes of this subsection, the term ‘promising 

11 practice’ means a program, activity, or strategy of a 

12 State regarding the collection, maintenance, automa13 tion, and transmittal of information relevant to de14 termining whether a person is prohibited from pos15 sessing or receiving a firearm by Federal or State 

16 law, by the State or any other agency, or any other 

17 records relevant to the National Instant Criminal 

18 Background Check System, that the Director deter19 mines— 

20 ‘‘(A) has been used by a State or other 

21 agency to successfully increase or expand its 

22 ability to collect, maintain, automate, and 

23 transmit the information described in the mat24 ter preceding this subparagraph; 


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1 ‘‘(B) shows promise in its early stages of 

2 becoming a best practice under subsection (c), 

3 with long-term sustainable impact; and 

4 ‘‘(C) may be replicated by other States or 

5 agencies.’’. 

6 SEC. 602. REAUTHORIZATION OF THE NATIONAL CRIMINAL 

7 HISTORY RECORDS IMPROVEMENT PRO8 GRAM. 

9 Section 106(b) of Public Law 103–159 (18 U.S.C. 

10 922 note) is amended— 

11 (1) in paragraph (1), in the matter preceding 

12 subparagraph (A), by striking ‘‘of this Act’’ and in13 serting ‘‘of the Promoting Healthy Minds for Safer 

14 Communities Act of 2014’’; and 

15 (2) by striking paragraph (2) and inserting the 

16 following: 

17 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

18 There are authorized to be appropriated for grants 

19 under this subsection $100,000,000 for each of fis20 cal years 2015 through 2018.’’. 

21 SEC. 603. IMPROVEMENT OF METRICS AND INCENTIVES. 

22 Section 102(b) of the NICS Improvement Amend23 ments Act of 2007 (18 U.S.C. 922 note) is amended to 

24 read as follows: 

25 ‘‘(b) IMPLEMENTATION PLAN.— 


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1 ‘‘(1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of the Promoting Healthy 

3 Minds for Safer Communities Act of 2014, the At4 torney General, in coordination with the States, shall 

5 establish for each State or Indian tribal government 

6 desiring a grant under section 103 a 4-year imple7 mentation plan to ensure maximum coordination and 

8 automation of the reporting of records or making 

9 records available to the National Instant Criminal 

10 Background Check System. 

11 ‘‘(2) BENCHMARK REQUIREMENTS.—Each 4- 

12 year plan established under paragraph (1) shall in13 clude annual benchmarks, including both qualitative 

14 goals and quantitative measures, to assess imple15 mentation of the 4-year plan. 

16 ‘‘(3) PENALTIES FOR NON-COMPLIANCE.— 

17 ‘‘(A) IN GENERAL.—During the 4-year pe18 riod covered by a 4-year plan established under 

19 paragraph (1), the Attorney General shall with20 hold— 

21 ‘‘(i) 10 percent of the amount that 

22 would otherwise be allocated to a State 

23 under section 505 of the Omnibus Crime 

24 Control and Safe Streets Act of 1968 (42 

25 U.S.C. 3755) if the State does not meet 


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1 the benchmark established under para2 graph (2) for the first year in the 4-year 

3 period; 

4 ‘‘(ii) 11 percent of the amount that 

5 would otherwise be allocated to a State 

6 under section 505 of the Omnibus Crime 

7 Control and Safe Streets Act of 1968 (42 

8 U.S.C. 3755) if the State does not meet 

9 the benchmark established under para10 graph (2) for the second year in the 4-year 

11 period; 

12 ‘‘(iii) 13 percent of the amount that 

13 would otherwise be allocated to a State 

14 under section 505 of the Omnibus Crime 

15 Control and Safe Streets Act of 1968 (42 

16 U.S.C. 3755) if the State does not meet 

17 the benchmark established under para18 graph (2) for the third year in the 4-year 

19 period; and 

20 ‘‘(iv) 15 percent of the amount that 

21 would otherwise be allocated to a State 

22 under section 505 of the Omnibus Crime 

23 Control and Safe Streets Act of 1968 (42 

24 U.S.C. 3755) if the State does not meet 

25 the benchmark established under paraVerDate Mar 15 2010 03:07 Jun 06, 2014 Jkt 039200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H4783.IH H4783

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1 graph (2) for the fourth year in the 4-year 

2 period. 

3 ‘‘(B) FAILURE TO ESTABLISH A PLAN.—A 

4 State that fails to establish a plan under para5 graph (1) shall be treated as having not met 

6 any benchmark established under paragraph 

7 (2).’’. 

8 SEC. 604. GRANTS TO STATES TO IMPROVE COORDINATION 

9 AND AUTOMATION OF NICS RECORD REPORT10 ING. 

11 (a) IN GENERAL.—The NICS Improvement Amend12 ments Act of 2007 (18 U.S.C. 922 note) is amended— 

13 (1) by striking section 103 and inserting the 

14 following: 

15 ‘‘SEC. 103. GRANTS TO STATES FOR IMPROVEMENT OF CO16 ORDINATION AND AUTOMATION OF NICS 

17 RECORD REPORTING. 

18 ‘‘(a) AUTHORIZATION.—From amounts made avail19 able to carry out this section, the Attorney General shall 

20 make grants to States, Indian Tribal governments, and 

21 State court systems, in a manner consistent with the Na22 tional Criminal History Improvement Program and con23 sistent with State plans for integration, automation, and 

24 accessibility of criminal history records, for use by the 

25 State, or units of local government of the State, Indian 


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1 Tribal government, or State court system to improve the 

2 automation and transmittal of mental health records and 

3 criminal history dispositions, records relevant to deter4 mining whether a person has been convicted of a mis5 demeanor crime of domestic violence, court orders, and 

6 mental health adjudications or commitments to Federal 

7 and State record repositories in accordance with section 

8 102 and the National Criminal History Improvement Pro9 gram. 

10 ‘‘(b) USE OF GRANT AMOUNTS.—Grants awarded to 

11 States, Indian Tribal governments, or State court systems 

12 under this section may only be used to— 

13 ‘‘(1) carry out, as necessary, assessments of the 

14 capabilities of the courts of the State or Indian Trib15 al government for the automation and transmission 

16 of arrest and conviction records, court orders, and 

17 mental health adjudications or commitments to Fed18 eral and State record repositories; 

19 ‘‘(2) implement policies, systems, and proce20 dures for the automation and transmission of arrest 

21 and conviction records, court orders, and mental 

22 health adjudications or commitments to Federal and 

23 State record repositories; 

24 ‘‘(3) create electronic systems that provide ac25 curate and up-to-date information which is directly 


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1 related to checks under the National Instant Crimi2 nal Background Check System, including court dis3 position and corrections records; 

4 ‘‘(4) assist States or Indian Tribal governments 

5 in establishing or enhancing their own capacities to 

6 perform background checks using the National In7 stant Criminal Background Check System; and 

8 ‘‘(5) develop and maintain the relief from dis9 abilities program in accordance with section 105. 

10 ‘‘(c) ELIGIBILITY.— 

11 ‘‘(1) IN GENERAL.—To be eligible for a grant 

12 under this section, a State, Indian Tribal govern13 ment, or State court system shall certify, to the sat14 isfaction of the Attorney General, that the State, In15 dian Tribal government, or State court system— 

16 ‘‘(A) is not prohibited by State law or 

17 court order from submitting mental health 

18 records to the National Instant Criminal Back19 ground Check System; and 

20 ‘‘(B) subject to paragraph (2), has imple21 mented a relief from disabilities program in ac22 cordance with section 105. 

23 ‘‘(2) RELIEF FROM DISABILITIES PROGRAM.— 

24 For purposes of obtaining a grant under this sec25 tion, a State, Indian Tribal government, or State 


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1 court system shall not be required to meet the eligi2 bility requirement described in paragraph (1)(B) 

3 until the date that is 2 years after the date of enact4 ment of the Promoting Healthy Minds for Safer 

5 Communities Act of 2014. 

6 ‘‘(d) FEDERAL SHARE.— 

7 ‘‘(1) STUDIES, ASSESSMENTS, NON-MATERIAL

8 ACTIVITIES.—The Federal share of a study, assess9 ment, creation of a task force, or other non-material 

10 activity, as determined by the Attorney General, car11 ried out with a grant under this section shall be not 

12 more than 25 percent. 

13 ‘‘(2) INFRASTRUCTURE OR SYSTEM DEVELOP14 MENT.—The Federal share of an activity involving 

15 infrastructure or system development, including 

16 labor-related costs, for the purpose of improving 

17 State or Indian Tribal government record reporting 

18 to the National Instant Criminal Background Check 

19 System carried out with a grant under this section 

20 may amount to 100 percent of the cost of the activ21 ity. 

22 ‘‘(e) GRANTS TO INDIAN TRIBES.—Up to 5 percent 

23 of the grant funding available under this section may be 

24 reserved for Indian tribal governments for use by Indian 

25 tribal judicial systems. 


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1 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this section 

3 $100,000,000 for each of fiscal years 2015 through 

4 2018.’’; 

5 (2) by striking title III; and 

6 (3) in section 401(b), by inserting after ‘‘of this 

7 Act’’ the following: ‘‘and 18 months after the date 

8 of enactment of the Promoting Healthy Minds for 

9 Safer Communities Act of 2014’’. 

10 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

11 The table of sections in section 1(b) of the NICS Improve12 ment Amendments Act of 2007 (18 U.S.C. 922 note) is 

13 amended by striking the item relating to section 103 and 

14 inserting the following: 

‘‘Sec. 103. Grants to States for improvement of coordination and automation 

of NICS record reporting.’’. 

15 SEC. 605. SHARING OF RECORDS BY FEDERAL DEPART16 MENTS AND AGENCIES WITH NICS. 

17 Section 101(b) of the NICS Improvement Act of 

18 2007 (18 U.S.C. 922 note) is amended— 

19 (1) in paragraph (2)— 

20 (A) in subparagraph (B), by striking 

21 ‘‘and’’ at the end; 

22 (B) in subparagraph (C), by striking the 

23 period at the end and inserting ‘‘; and’’; and 

24 (C) by inserting at the end the following: 


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1 ‘‘(D) not later than 180 days after the 

2 date of the enactment of the Promoting 

3 Healthy Minds for Safer Communities Act of 

4 2014, and annually thereafter, submit a report 

5 to Congress on the compliance of the heads of 

6 Federal departments and agencies with the re7 quirements of paragraphs (1) and (3).’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(3) OTHER FEDERAL DEPARTMENTS AND

10 AGENCIES.—The head of each Federal department 

11 or agency in possession of records which are relevant 

12 to a determination of whether a person is disquali13 fied from possessing or receiving a firearm under 

14 subsection (g) or (n) of section 922 of title 18, 

15 United States Code, shall make available to the At16 torney General, such records, updated not less than 

17 quarterly, for use in the background checks per18 formed by the National Instant Criminal Back19 ground Check System.’’. 


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1 SEC. 606. RULEMAKING TO PERMIT SUBMISSION OF MEN2 TAL HEALTH RECORDS TO THE NATIONAL IN3 STANT CRIMINAL BACKGROUND CHECK SYS4 TEM PURSUANT TO THE HEALTH INSURANCE 

5 PORTABILITY AND ACCOUNTABILITY ACT. 

6 Not later than 1 year after the date of the enactment 

7 of the Promoting Healthy Minds for Safer Communities 

8 Act, the Secretary of Health and Human Services shall 

9 issue a final rule, pursuant to section 264(c) of the Health 

10 Insurance Portability and Accountability Act of 1996 (42 

11 U.S.C. 1320d–2 note), to allow disclosures of information 

12 described in section 102(c)(3) of the NICS Improvement 

13 Amendments Act of 2007 (18 U.S.C. 922 note) to the Na14 tional Instant Criminal Background Check System to as15 sist the Attorney General in enforcing section 922(g)(4) 

16 of title 18, United States Code. 

Æ 


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