II 

113TH CONGRESS 

2D SESSION S. 2872 

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 SENATE OF THE UNITED STATES 

SEPTEMBER 18, 2014 

Mr. BLUMENTHAL introduced the following bill; which was read twice and 

referred to the Committee on the Judiciary 

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. 

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’’. 


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1 SEC. 2. TABLE OF CONTENTS. 

2 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. Grant program regarding firearms. 

Sec. 403. Notification of State and local law enforcement authorities of attempt 

to purchase firearm by ineligible person. 

TITLE V—RESTORATION 

Sec. 501. Federal agency relief program. 

Sec. 502. State relief programs. 

Sec. 503. 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. 

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. 


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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.—In this section: 

7 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti8 ty’’ means a State, political subdivision of a State, 

9 or nonprofit private entity. 

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

11 the Secretary of Health and Human Services. 

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

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

14 each commonwealth, territory, or possession of the 

15 United States, and each federally recognized Indian 

16 tribe. 

17 (b) ESTABLISHMENT OF GRANT PROGRAM.— 

18 (1) ESTABLISHMENT.—The Secretary shall es19 tablish a program to award grants to eligible entities 

20 to carry out the activities described in paragraph 

21 (2). 

22 (2) USE OF FUNDS.— 

23 (A) IN GENERAL.—Grants awarded under 

24 this section may be used to carry out programs 

25 that— 


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1 (i) expand early intervention and 

2 treatment services to improve access to 

3 mental health crisis assistance and address 

4 unmet mental health care needs; 

5 (ii) expand the continuum of services 

6 to address crisis intervention and crisis 

7 stabilization; 

8 (iii) reduce recidivism due to mental 

9 health crises and mitigate unnecessary ex10 penditures by local law enforcement; and 

11 (iv) reduce unnecessary hospitaliza12 tions by appropriately utilizing community13 based services and improving access to 

14 timely mental health crisis assistance. 

15 (B) AUTHORIZED ACTIVITIES.—The pro16 grams described in subparagraph (A) may in17 clude any or all of the following activities: 

18 (i) Mental health crisis intervention 

19 and response training for law enforcement 

20 (to increase officers’ understanding and 

21 recognition of mental illnesses). 

22 (ii) Mobile support that provides field23 based behavioral health assistance to law 

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1 nity and links individuals in crisis to ap2 propriate services. 

3 (iii) School- and community-based 

4 early intervention and prevention programs 

5 that provide mobile response, screening 

6 and assessment, training and education, 

7 and peer-based and family services. 

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

9 grant under this section, an eligible entity shall sub10 mit an application to the Secretary at such time, in 

11 such manner, and containing such information as 

12 the Secretary may require. At minimum, such appli13 cation shall include a description of— 

14 (A) the activities to be funded with the 

15 grant; 

16 (B) community needs; 

17 (C) the population to be served; and 

18 (D) the interaction between the activities 

19 described in subparagraph (A) and public sys20 tems of health and mental health care, law en21 forcement, social services, and related assist22 ance programs. 

23 (4) SELECTING AMONG APPLICANTS.— 

24 (A) IN GENERAL.—Grants shall be award25 ed to eligible entities on a competitive basis. 


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1 (B) SELECTION CRITERIA.—The Secretary 

2 shall evaluate applicants based on such criteria 

3 as the Secretary determines to be appropriate, 

4 including the ability of an applicant to carry 

5 out the activities described in paragraph (2). 

6 (5) REPORTS.— 

7 (A) ANNUAL REPORTS.— 

8 (i) ELIGIBLE ENTITIES.—As a condi9 tion of receiving a grant under this section, 

10 an eligible entity shall agree to submit a 

11 report to the Secretary, on an annual 

12 basis, describing the activities carried out 

13 with the grant and assessing the effective14 ness of such activities. 

15 (ii) SECRETARY.—The Secretary 

16 shall, on an annual basis, and using the re17 ports received under clause (i), report to 

18 Congress on the overall impact and effec19 tiveness of the grant program under this 

20 section. 

21 (B) FINAL REPORT.—Not later than Janu22 ary 15, 2019, the Secretary shall submit to 

23 Congress a final report that includes rec24 ommendations with respect to the feasibility 


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1 and advisability of extending or expanding the 

2 grant program. 

3 (6) COLLECTION OF DATA.— 

4 (A) IN GENERAL.—The Secretary shall col5 lect data on the grant program to determine its 

6 effectiveness in reducing the social impact of 

7 mental health crises and the feasibility and ad8 visability of extending the grant program. 

9 (B) MANNER OF COLLECTION.—Data de10 scribed in subparagraph (A) shall be collected 

11 and analyzed using a scientific peer-reviewed 

12 system and valid and reliable results-based re13 search methodologies. 

14 (c) FUNDING.— 

15 (1) GRANT AMOUNT.—The Secretary shall de16 termine the amount of each grant awarded under 

17 this section in an amount that is not more than 

18 $100,000 for each of fiscal years 2015 through 

19 2019. 

20 (2) AUTHORIZATION OF APPROPRIATIONS.— 

21 There is authorized to be appropriated to carry out 

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

23 2015 through 2019. 


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

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

3 (relating to services provided through religious organiza4 tions) of title V of the Public Health Service Act (42 

5 U.S.C. 290kk et seq.) is amended— 

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

7 (2) by redesignating sections 581 through 584 

8 of such part as sections 596 through 596C, respec9 tively. 

10 (b) SCHOOL-BASED MENTAL HEALTH AND CHIL11 DREN AND VIOLENCE.—Section 581 of the Public Health 

12 Service Act (42 U.S.C. 290hh) is amended to read as fol13 lows: 

14 ‘‘SEC. 581. SCHOOL-BASED MENTAL HEALTH AND CHIL15 DREN AND VIOLENCE. 

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

17 with the Secretary of Education and in consultation with 

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

19 contracts, or cooperative agreements awarded to public en20 tities and local educational agencies, assist local commu21 nities and schools in applying a public health approach 

22 to mental health services both in schools and in the com23 munity. Such approach should provide comprehensive age24 appropriate services and supports, be linguistically and 

25 culturally appropriate, be trauma-informed, and incor26 porate age-appropriate strategies of positive behavioral 


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1 interventions and supports. A comprehensive school men2 tal health program funded under this section shall assist 

3 children in dealing with trauma and violence. 

4 ‘‘(b) ACTIVITIES.—Under the program under sub5 section (a), the Secretary may— 

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

7 communities to implement a comprehensive cul8 turally and linguistically appropriate, trauma-in9 formed, and age-appropriate, school mental health 

10 program that incorporates positive behavioral inter11 ventions, client treatment, and supports to foster the 

12 health and development of children; 

13 ‘‘(2) provide technical assistance to local com14 munities with respect to the development of pro15 grams described in paragraph (1); 

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

17 the development of policies to address child and ado18 lescent trauma and mental health issues and violence 

19 when and if it occurs; 

20 ‘‘(4) facilitate community partnerships among 

21 families, students, law enforcement agencies, edu22 cation systems, mental health and substance use dis23 order service systems, family-based mental health 

24 service systems, welfare agencies, health care service 

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1 grams, trauma networks, and other community2 based systems; and 

3 ‘‘(5) establish mechanisms for children and ado4 lescents to report incidents of violence or plans by 

5 other children, adolescents, or adults to commit vio6 lence. 

7 ‘‘(c) REQUIREMENTS.— 

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

9 contract, or cooperative agreement under subsection 

10 (a), an entity shall— 

11 ‘‘(A) be a partnership between a local edu12 cational agency and at least 1 community pro13 gram or agency that is involved in mental 

14 health; and 

15 ‘‘(B) submit an application, that is en16 dorsed by all members of the partnership, that 

17 contains the assurances described in paragraph 

18 (2). 

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

20 under paragraph (1) shall contain assurances as fol21 lows: 

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

23 in carrying out activities under this section, the 

24 local educational agency involved will enter into 

25 a memorandum of understanding— 


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1 ‘‘(i) with at least 1 public or private 

2 mental health entity, health care entity, 

3 law enforcement or juvenile justice entity, 

4 child welfare agency, family-based mental 

5 health entity, family or family organiza6 tion, trauma network, or other community7 based entity; and 

8 ‘‘(ii) that clearly states— 

9 ‘‘(I) how school-employed mental 

10 health professionals (such as school 

11 psychologists, school counselors, and 

12 school social workers) will be utilized 

13 in the comprehensive school mental 

14 health program; 

15 ‘‘(II) the responsibilities of each 

16 partner with respect to the activities 

17 to be carried out; 

18 ‘‘(III) how each such partner will 

19 be accountable for carrying out such 

20 responsibilities; and 

21 ‘‘(IV) the amount of non-Federal 

22 funding or in-kind contributions that 

23 each such partner will contribute in 

24 order to sustain the program. 


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

2 mental health program carried out under this 

3 section supports the flexible use of funds to ad4 dress— 

5 ‘‘(i) the promotion of the social, emo6 tional, mental, and behavioral health and 

7 wellness of all students in an environment 

8 that is conducive to learning; 

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

10 at risk students developing social, emo11 tional, mental, and behavioral health prob12 lems, or substance use disorders; 

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

14 emotional, mental, and behavioral prob15 lems, or substance use disorders and the 

16 provision of early intervention services; 

17 ‘‘(iv) the treatment or referral for 

18 treatment of students with existing social, 

19 emotional, mental, and behavioral health 

20 problems, or substance use disorders; and 

21 ‘‘(v) the development and implementa22 tion of programs to assist children in deal23 ing with trauma and violence. 

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

25 mental health program carried out under this 


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1 section will provide for in-service training of all 

2 school personnel, including ancillary staff and 

3 volunteers, in— 

4 ‘‘(i) the techniques and supports need5 ed to identify early children with trauma 

6 histories and children with, or at risk of, 

7 mental illness; 

8 ‘‘(ii) the use of referral mechanisms 

9 that effectively link such children to appro10 priate treatment and intervention services 

11 in the school and in the community and to 

12 follow-up when services are not available; 

13 ‘‘(iii) strategies that promote the so14 cial, emotional, mental, and behavioral 

15 health and wellness of all students; and 

16 ‘‘(iv) strategies to increase the knowl17 edge and skills of school and community 

18 leaders about the impact of trauma and vi19 olence and on the application of a public 

20 health approach to comprehensive school21 based mental health programs. 

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

23 mental health program carried out under this 

24 section will include comprehensive training for 

25 parents, siblings, and other family members of 


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1 children with mental health disorders, and for 

2 concerned members of the community in— 

3 ‘‘(i) the techniques and supports need4 ed to identify early children with trauma 

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

6 mental illness; 

7 ‘‘(ii) the use of referral mechanisms 

8 that effectively link such children to appro9 priate treatment and intervention services 

10 in the school and in the community and 

11 follow-up when such services are not avail12 able; and 

13 ‘‘(iii) strategies that promote a school14 wide positive environment. 

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

16 mental health program carried out under this 

17 section will demonstrate the measures to be 

18 taken to sustain the program after funding 

19 under this section terminates. 

20 ‘‘(F) That the local educational agency 

21 partnership involved is supported by the State 

22 educational and mental health system to ensure 

23 that the sustainability of the programs is estab24 lished after funding under this section termi25 nates. 


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

2 mental health program carried out under this 

3 section will be based on trauma-informed and 

4 evidence-based practices. 

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

6 mental health program carried out under this 

7 section will be coordinated with early inter8 vening activities carried out under the Individ9 uals with Disabilities Education Act (20 U.S.C. 

10 1400 et seq.). 

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

12 mental health program carried out under this 

13 section will be trauma-informed and culturally 

14 and linguistically appropriate. 

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

16 mental health program carried out under this 

17 section will include a broad needs assessment of 

18 youth who drop out of school due to policies of 

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

20 or weapons and an inability to obtain appro21 priate services. 

22 ‘‘(K) That the mental health services pro23 vided through the comprehensive school-based 

24 mental health program carried out under this 

25 section will be provided by qualified mental and 


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1 behavioral health professionals who are certified 

2 or licensed by the State involved and practicing 

3 within their area of expertise. 

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

5 member of a partnership described in paragraph 

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

7 activities under the grant if all members of the part8 nership agree. 

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

10 under this section shall be deemed to be a covered 

11 entity for purposes of compliance with the regula12 tions promulgated under section 264(c) of the 

13 Health Insurance Portability and Accountability Act 

14 of 1996 (Public Law 104–191; 110 Stat. 2033) with 

15 respect to any patient records developed through ac16 tivities under the grant. 

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

18 shall ensure that grants, contracts, or cooperative agree19 ments under subsection (a) will be distributed equitably 

20 among the regions of the country and among urban and 

21 rural areas. 

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

23 grant, contract, or cooperative agreement under sub24 section (a), the period during which payments under such 

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


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1 An entity may receive only 1 award under this section, 

2 except that an entity that is providing services and sup3 ports on a regional basis may receive additional funding 

4 after the expiration of the preceding grant period. 

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

6 ‘‘(1) DEVELOPMENT OF PROCESS.—The Ad7 ministrator shall develop a fiscally appropriate proc8 ess for evaluating activities carried out under this 

9 section. Such process shall include— 

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

11 submission of program data by grant, contract, 

12 or cooperative agreement recipients; 

13 ‘‘(B) the development of measures of out14 comes (in accordance with paragraph (2)) to be 

15 applied by such recipients in evaluating pro16 grams carried out under this section; and 

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

18 such recipients concerning the effectiveness of 

19 programs carried out under this section. 

20 ‘‘(2) MEASURES OF OUTCOMES.— 

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

22 shall develop measures of outcomes to be ap23 plied by recipients of assistance under this sec24 tion, and the Administrator, in evaluating the 

25 effectiveness of programs carried out under this 


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1 section. Such measures shall include student 

2 and family measures as provided for in sub3 paragraph (B) and local educational measures 

4 as provided for under subparagraph (C). 

5 ‘‘(B) STUDENT AND FAMILY MEASURES OF

6 OUTCOMES.—The measures of outcomes devel7 oped under paragraph (1)(B) relating to stu8 dents and families shall, with respect to activi9 ties carried out under a program under this 

10 section, at a minimum include provisions to 

11 evaluate whether the program is effective in— 

12 ‘‘(i) improving social, emotional, men13 tal, and behavioral health and wellness; 

14 ‘‘(ii) increasing academic competency 

15 (as defined by the Secretary); 

16 ‘‘(iii) reducing disruptive and aggres17 sive behaviors; 

18 ‘‘(iv) improving child functioning; 

19 ‘‘(v) reducing substance use disorders; 

20 ‘‘(vi) reducing suspensions, truancy, 

21 expulsions, and violence; 

22 ‘‘(vii) increasing graduation rates (as 

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

24 Elementary and Secondary Education Act 

25 of 1965); and 


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1 ‘‘(viii) improving access to care for 

2 mental health disorders. 

3 ‘‘(C) LOCAL EDUCATIONAL OUTCOMES.— 

4 The outcome measures developed under para5 graph (1)(B) relating to local educational sys6 tems shall, with respect to activities carried out 

7 under a program under this section, at a min8 imum include provisions to evaluate— 

9 ‘‘(i) the effectiveness of comprehensive 

10 school mental health programs established 

11 under this section; 

12 ‘‘(ii) the effectiveness of formal part13 nership linkages among child and family 

14 serving institutions, community support 

15 systems, and the educational system; 

16 ‘‘(iii) the progress made in sustaining 

17 the program once funding under the grant 

18 has expired; 

19 ‘‘(iv) the effectiveness of training and 

20 professional development programs for all 

21 school personnel that incorporate indica22 tors that measure cultural and linguistic 

23 competencies under the program in a man24 ner that incorporates appropriate cultural 

25 and linguistic training; 


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1 ‘‘(v) the improvement in perception of 

2 a safe and supportive learning environment 

3 among school staff, students, and parents; 

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

5 of students in need of more intensive serv6 ices and referral of identified students to 

7 early intervention and clinical services; 

8 ‘‘(vii) the improvement in the imme9 diate availability of clinical assessment and 

10 treatment services within the context of 

11 the local community to students posing a 

12 danger to themselves or others; 

13 ‘‘(viii) the increased successful matric14 ulation to postsecondary school; and 

15 ‘‘(ix) reduced referrals to juvenile jus16 tice. 

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

18 that receives a grant, contract, or cooperative agree19 ment under this section shall annually submit to the 

20 Administrator a report that includes data to evalu21 ate the success of the program carried out by the en22 tity based on whether such program is achieving the 

23 purposes of the program. Such reports shall utilize 

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


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1 reasonable manner to demonstrate the progress of 

2 the program in achieving such purposes. 

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

4 on the data submitted under paragraph (3), the Ad5 ministrator shall annually submit to Congress a re6 port concerning the results and effectiveness of the 

7 programs carried out with assistance received under 

8 this section. 

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

10 exceed 10 percent of amounts received under a grant 

11 under this section to carry out evaluation activities 

12 under this subsection. 

13 ‘‘(g) INFORMATION AND EDUCATION.—The Sec14 retary shall establish comprehensive information and edu15 cation programs to disseminate the findings of the knowl16 edge development and application under this section to the 

17 general public and to health care professionals. 

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

19 APPROPRIATIONS.— 

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

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

22 $1,000,000 for each of grant years 2015 through 

23 2019. The Secretary shall determine the amount of 

24 each such grant based on the population of children 


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

2 grant. 

3 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

4 There is authorized to be appropriated to carry out 

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

6 2015 through 2019.’’. 

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

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

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

10 the part heading and inserting the following: 

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

12 SEC. 103. JUSTICE AND MENTAL HEALTH COLLABORATION. 

13 (a) ASSISTING VETERANS.— 

14 (1) REDESIGNATION.—Section 2991 of title I of 

15 the Omnibus Crime Control and Safe Streets Act of 

16 1968 (42 U.S.C. 3797aa) is amended by redesig17 nating subsection (i) as subsection (l). 

18 (2) ASSISTING VETERANS.—Section 2991 of 

19 title I of the Omnibus Crime Control and Safe 

20 Streets Act of 1968 (42 U.S.C. 3797aa) is amended 

21 by inserting after subsection (h) the following: 

22 ‘‘(i) ASSISTING VETERANS.— 

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

24 ‘‘(A) PEER TO PEER SERVICES OR PRO25 GRAMS.—The term ‘peer to peer services or 


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1 programs’ means services or programs that con2 nect qualified veterans with other veterans for 

3 the purpose of providing support and 

4 mentorship to assist qualified veterans in ob5 taining treatment, recovery, stabilization, or re6 habilitation. 

7 ‘‘(B) QUALIFIED VETERAN.—The term 

8 ‘qualified veteran’ means a preliminarily quali9 fied offender who— 

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

11 branch of the Armed Forces, including the 

12 National Guard and reserve components; 

13 and 

14 ‘‘(ii) was discharged or released from 

15 such service under conditions other than 

16 dishonorable. 

17 ‘‘(C) VETERANS TREATMENT COURT PRO18 GRAM.—The term ‘veterans treatment court 

19 program’ means a court program involving col20 laboration among criminal justice, veterans, and 

21 mental health and substance abuse agencies 

22 that provides qualified veterans with— 

23 ‘‘(i) intensive judicial supervision and 

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1 dom and frequent drug testing where ap2 propriate; 

3 ‘‘(ii) a full continuum of treatment 

4 services, including mental health services, 

5 substance abuse services, medical services, 

6 and services to address trauma; 

7 ‘‘(iii) alternatives to incarceration; or 

8 ‘‘(iv) other appropriate services, which 

9 may include housing, transportation, men10 toring, employment, job training, edu11 cation, and assistance in applying for and 

12 obtaining available benefits. 

13 ‘‘(2) VETERANS ASSISTANCE PROGRAM.— 

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

15 in consultation with the Secretary of Veterans 

16 Affairs, may award grants under this sub17 section to applicants to establish or expand— 

18 ‘‘(i) veterans treatment court pro19 grams; 

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

21 for qualified veterans; 

22 ‘‘(iii) practices that identify and pro23 vide treatment, rehabilitation, legal, transi24 tional, and other appropriate services to 


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1 qualified veterans who have been incarcer2 ated; and 

3 ‘‘(iv) training programs to teach 

4 criminal justice, law enforcement, correc5 tions, mental health, and substance abuse 

6 personnel how to identify and appro7 priately respond to incidents involving 

8 qualified veterans. 

9 ‘‘(B) PRIORITY.—In awarding grants 

10 under this subsection, the Attorney General 

11 shall give priority to applications that— 

12 ‘‘(i) demonstrate collaboration be13 tween and joint investments by criminal 

14 justice, mental health, substance abuse, 

15 and veterans service agencies; 

16 ‘‘(ii) promote effective strategies to 

17 identify and reduce the risk of harm to 

18 qualified veterans and public safety; and 

19 ‘‘(iii) propose interventions with em20 pirical support to improve outcomes for 

21 qualified veterans.’’. 

22 (b) CORRECTIONAL FACILITIES.—Section 2991 of 

23 title I of the Omnibus Crime Control and Safe Streets Act 

24 of 1968 (42 U.S.C. 3797aa) is amended by inserting after 

25 subsection (i), as added by subsection (a), the following: 


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1 ‘‘(j) CORRECTIONAL FACILITIES.— 

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

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

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

5 other detention facility used to house people 

6 who have been arrested, detained, held, or con7 victed by a criminal justice agency or a court. 

8 ‘‘(B) ELIGIBLE INMATE.—The term ‘eligi9 ble inmate’ means an individual who— 

10 ‘‘(i) is being held, detained, or incar11 cerated in a correctional facility; and 

12 ‘‘(ii) manifests obvious signs of a 

13 mental illness or has been diagnosed by a 

14 qualified mental health professional as hav15 ing a mental illness. 

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

17 Attorney General may award grants to applicants to 

18 enhance the capabilities of a correctional facility— 

19 ‘‘(A) to identify and screen for eligible in20 mates; 

21 ‘‘(B) to plan and provide— 

22 ‘‘(i) initial and periodic assessments of 

23 the clinical, medical, and social needs of in24 mates; and 


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1 ‘‘(ii) appropriate treatment and serv2 ices that address the mental health and 

3 substance abuse needs of inmates; 

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

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

6 eligible inmates that, in a comprehensive 

7 manner, coordinate health, housing, med8 ical, employment, and other appropriate 

9 services and public benefits; 

10 ‘‘(ii) the availability of mental health 

11 care services and substance abuse treat12 ment services; and 

13 ‘‘(iii) alternatives to solitary confine14 ment and segregated housing and mental 

15 health screening and treatment for inmates 

16 placed in solitary confinement or seg17 regated housing; and 

18 ‘‘(D) to train each employee of the correc19 tional facility to identify and appropriately re20 spond to incidents involving inmates with men21 tal health or co-occurring mental health and 

22 substance abuse disorders.’’. 

23 (c) HIGH UTILIZERS.—Section 2991 of title I of the 

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


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1 U.S.C. 3797aa) is amended by inserting after subsection 

2 (j), as added by subsection (b), the following: 

3 ‘‘(k) DEMONSTRATION GRANTS RESPONDING TO

4 HIGH UTILIZERS.— 

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

6 ‘high utilizer’ means an individual who— 

7 ‘‘(A) manifests obvious signs of mental ill8 ness or has been diagnosed by a qualified men9 tal health professional as having a mental ill10 ness; and 

11 ‘‘(B) consumes a significantly dispropor12 tionate quantity of public resources, such as 

13 emergency, housing, judicial, corrections, and 

14 law enforcement services. 

15 ‘‘(2) DEMONSTRATION GRANTS RESPONDING TO

16 HIGH UTILIZERS.— 

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

18 may award not more than 6 grants per year 

19 under this subsection to applicants for the pur20 pose of reducing the use of public services by 

21 high utilizers. 

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

23 grant awarded under this subsection may use 

24 the grant— 


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1 ‘‘(i) to develop or support multidisci2 plinary teams that coordinate, implement, 

3 and administer community-based crisis re4 sponses and long-term plans for high uti5 lizers; 

6 ‘‘(ii) to provide training on how to re7 spond appropriately to the unique issues 

8 involving high utilizers for public service 

9 personnel, including criminal justice, men10 tal health, substance abuse, emergency 

11 room, healthcare, law enforcement, correc12 tions, and housing personnel; 

13 ‘‘(iii) to develop or support alter14 natives to hospital and jail admissions for 

15 high utilizers that provide treatment, sta16 bilization, and other appropriate supports 

17 in the least restrictive, yet appropriate, en18 vironment; or 

19 ‘‘(iv) to develop protocols and systems 

20 among law enforcement, mental health, 

21 substance abuse, housing, corrections, and 

22 emergency medical service operations to 

23 provide coordinated assistance to high uti24 lizers. 


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

2 day of the first year following the fiscal year in 

3 which a grant is awarded under this subsection, 

4 the recipient of the grant shall submit to the 

5 Attorney General a report that— 

6 ‘‘(i) measures the performance of the 

7 grant recipient in reducing the use of pub8 lic services by high utilizers; and 

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

10 systems, or procedures that other jurisdic11 tions may adopt to reduce the use of public 

12 services by high utilizers.’’. 

13 (d) ACADEMY TRAINING.—Section 2991(h) of title I 

14 of the Omnibus Crime Control and Safe Streets Act of 

15 1968 (42 U.S.C. 3797aa(h)) is amended— 

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

17 following: 

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

19 support for academy curricula, law enforcement 

20 officer orientation programs, continuing edu21 cation training, and other programs that teach 

22 law enforcement personnel how to identify and 

23 respond to incidents involving individuals with 

24 mental illness or co-occurring mental illness and 

25 substance abuse disorders.’’; and 


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

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

3 General, in awarding grants under this subsection, 

4 shall give priority to programs that law enforcement 

5 personnel and members of the mental health and 

6 substance abuse professions develop and administer 

7 cooperatively.’’. 

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

9 of title I of the Omnibus Crime Control and Safe Streets 

10 Act of 1968 (42 U.S.C. 3797aa(c)) is amended— 

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

12 end; 

13 (2) by redesignating paragraph (4) as para14 graph (6); and 

15 (3) by inserting after paragraph (3) the fol16 lowing: 

17 ‘‘(4) propose interventions that have been 

18 shown by empirical evidence to reduce recidivism; 

19 ‘‘(5) when appropriate, use validated assess20 ment tools to target preliminarily qualified offenders 

21 with a moderate or high risk of recidivism and a 

22 need for treatment and services; or’’. 

23 (f) SAFE COMMUNITIES.— 


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1 (1) IN GENERAL.—Section 2991(a) of title I of 

2 the Omnibus Crime Control and Safe Streets Act of 

3 1968 (42 U.S.C. 3797aa(a)) is amended— 

4 (A) by striking paragraphs (8) and (9) and 

5 inserting the following: 

6 ‘‘(8) PRELIMINARILY QUALIFIED OFFENDER.— 

7 ‘‘(A) IN GENERAL.—The term ‘prelimi8 narily qualified offender’ means an adult or ju9 venile accused of an offense who— 

10 ‘‘(i)(I) at any time, has been diag11 nosed by a qualified mental health profes12 sional as having a mental illness or co-oc13 curring mental illness and substance abuse 

14 disorders; 

15 ‘‘(II) manifests obvious signs of men16 tal illness or co-occurring mental illness 

17 and substance abuse disorders during ar18 rest or confinement or before any court; or 

19 ‘‘(III) for purposes of a veterans 

20 treatment court program, as defined under 

21 subsection (i), has been diagnosed with, or 

22 manifests obvious signs of, mental illness 

23 or a substance abuse disorder or co-occur24 ring mental illness and substance abuse 

25 disorder; and 


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1 ‘‘(ii) has been unanimously approved 

2 for participation in a program funded 

3 under this section by, when appropriate, 

4 the relevant— 

5 ‘‘(I) prosecuting attorney; 

6 ‘‘(II) defense attorney; 

7 ‘‘(III) probation or corrections 

8 official; 

9 ‘‘(IV) judge; and 

10 ‘‘(V) representative from the rel11 evant mental health agency described 

12 in subsection (b)(5)(B)(i). 

13 ‘‘(B) DETERMINATION.—In determining 

14 whether to designate an individual as a prelimi15 narily qualified offender, the relevant pros16 ecuting attorney, defense attorney, probation or 

17 corrections official, judge, and mental health or 

18 substance abuse agency representative shall 

19 take into account— 

20 ‘‘(i) whether the participation of the 

21 individual in the program would pose a 

22 substantial risk of violence to the commu23 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 carried out using a grant 

9 under this section; 

10 ‘‘(v) the extent to which the commu11 nity would realize cost savings because of 

12 the individual’s participation in the pro13 gram; and 

14 ‘‘(vi) whether the individual satisfies 

15 the eligibility criteria for program partici16 pation unanimously established by the rel17 evant prosecuting attorney, defense attor18 ney, probation or corrections official, judge 

19 and mental health or substance abuse 

20 agency representative.’’; and 

21 (B) by redesignating paragraphs (10) and 

22 (11) as paragraphs (9) and (10), respectively. 

23 (2) TECHNICAL AND CONFORMING AMEND24 MENT.—Section 2927(2) of title I of the Omnibus 

25 Crime Control and Safe Streets Act of 1968 (42 


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1 U.S.C. 3797s–6(2)) is amended by striking ‘‘has the 

2 meaning given that term in section 2991(a).’’ and 

3 inserting ‘‘means an offense that— 

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

5 attempted use, or threatened use of physical 

6 force against the person or property of another; 

7 or 

8 ‘‘(B) is not a felony that by its nature in9 volves a substantial risk that physical force 

10 against the person or property of another may 

11 be used in the course of committing the of12 fense.’’. 

13 (g) REAUTHORIZATION OF APPROPRIATIONS.—Sub14 section (l) of section 2991 of title I of the Omnibus Crime 

15 Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa), 

16 as redesignated in subsection (a)(1), is amended— 

17 (1) in paragraph (1)— 

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

19 ‘‘and’’ at the end; 

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

21 period and inserting ‘‘; and’’; and 

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

23 ‘‘(D) $40,000,000 for each of fiscal years 2015 

24 through 2019.’’; and 

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


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1 ‘‘(3) LIMITATION.—Not more than 20 percent of the 

2 funds authorized to be appropriated under this subsection 

3 may be used for purposes described in subsection (i) (re4 lating to veterans).’’. 

5 TITLE II—IMPROVING MENTAL 

6 HEALTH RESEARCH 

7 SEC. 201. RESEARCH WITH RESPECT TO VIOLENCE. 

8 The Secretary of Health and Human Services, in con9 sultation with the Director of the National Institutes of 

10 Health, shall expand and intensify research on self-di11 rected and other-directed violence associated with mental 

12 illness. 

13 TITLE III—UNDERSTANDING 

14 THE EPIDEMIC OF GUN VIO15 LENCE 

16 SEC. 301. NATIONAL VIOLENT DEATH REPORTING SYSTEM. 

17 The Secretary of Health and Human Services, acting 

18 through the Director of the Centers for Disease Control 

19 and Prevention, shall improve the National Violent Death 

20 Reporting System, authorized pursuant to title III of the 

21 Public Health Service Act (42 U.S.C. 241 et seq.), par22 ticularly through the expansion of the application of such 

23 system to include the 50 States. Participation in the sys24 tem by 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: 

15 ‘‘(c) NO ADVOCACY OR PROMOTION OF GUN CON16 TROL.—Nothing in this section shall be construed to— 

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

18 make grants, or enter into cooperative agreements or 

19 contracts for the purpose of advocating or promoting 

20 gun control; or 

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

22 cooperative agreement, or contract under this section 

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

24 for the purpose of advocating or promoting gun con25 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: 

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 Section 922 of title 18, United States Code, is 

7 amended— 

8 (1) in subsection (d)(4), by inserting ‘‘on an in9 voluntary inpatient or involuntary outpatient basis’’ 

10 before the semicolon; and 

11 (2) in subsection (g)(4), by inserting ‘‘on an in12 voluntary inpatient or involuntary outpatient basis’’ 

13 before the semicolon. 

14 SEC. 402. GRANT PROGRAM REGARDING FIREARMS. 

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

16 Safe Streets Act of 1968 (42 U.S.C. 3756(b)) is amend17 ed— 

18 (1) by redesignating paragraphs (1) and (2) as 

19 subparagraphs (A) and (B), respectively, and adjust20 ing the margins accordingly; 

21 (2) in the matter preceding subparagraph (A), 

22 as redesignated, by striking ‘‘to 1 or more States or 

23 units of local government’’ and all that follows and 

24 inserting the following: ‘‘to— 


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1 ‘‘(1) 1 or more States or units of local govern2 ment, for 1 or more of the purposes specified in sec3 tion 501, if the Attorney General determines that 

4 providing such funds is necessary—’’; 

5 (3) in paragraph (1), as designated, by striking 

6 the period at the end and inserting ‘‘; or’’; and 

7 (4) by adding at the end the following: 

8 ‘‘(2) 1 or more States, if each such State has 

9 demonstrated, in the determination of the Attorney 

10 General, that the State has adopted policies, proce11 dures, protocols, laws, or regulations pertaining to 

12 the possession or transfer of firearms or ammunition 

13 that— 

14 ‘‘(A)(i) give State and local law enforce15 ment officers the authority, to the extent allow16 able under Federal laws and the United States 

17 Constitution, to seize firearms or ammunition 

18 from an individual pursuant to a warrant, if 

19 there is probable cause to believe that the indi20 vidual poses an elevated risk of harm to himself 

21 or herself or to another individual, which may 

22 be determined by considering whether the indi23 vidual— 

24 ‘‘(I) has caused harm to himself or 

25 herself or to another individual; 


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1 ‘‘(II) has detailed plans to cause harm 

2 to himself or herself or to another indi3 vidual; 

4 ‘‘(III) has a history of substance 

5 abuse; or 

6 ‘‘(IV) lacks impulse control; and 

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

8 after a seizure of firearms or ammunition from 

9 an individual as described in subparagraph 

10 (A)— 

11 ‘‘(I) the individual shall be given an 

12 opportunity to contest the seizure in court; 

13 and 

14 ‘‘(II) any firearm or ammunition 

15 seized shall be returned to the individual 

16 unless a State or local law enforcement of17 ficer demonstrates in court by a prepon18 derance of the evidence that the individual 

19 poses an elevated risk of harm to himself 

20 or herself or to another individual; or 

21 ‘‘(B) temporarily prohibit an individual 

22 who has been involuntarily hospitalized for a 

23 period of not less than 48 hours for mental ill24 ness on an emergency basis from possessing a 

25 firearm or ammunition;’’. 


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1 SEC. 403. NOTIFICATION OF STATE AND LOCAL LAW EN2 FORCEMENT AUTHORITIES OF ATTEMPT TO 

3 PURCHASE FIREARM BY INELIGIBLE PER4 SON. 

5 (a) DEFINITIONS.—In this section— 

6 (1) the term ‘‘National Instant Criminal Back7 ground Check System’’ means the National Instant 

8 Criminal Background Check System established 

9 under section 103 of the Brady Handgun Violence 

10 Prevention Act (18 U.S.C. 922 note); and 

11 (2) the terms ‘‘firearm’’ and ‘‘licensed dealer’’ 

12 have the meanings given those terms in section 

13 921(a) of title 18, United States Code. 

14 (b) ESTABLISHMENT OF NOTIFICATION SYSTEM.— 

15 The Attorney General shall establish a system for the 

16 prompt notification of the relevant State and local enforce17 ment agencies when the National Instant Criminal Back18 ground Check System notifies a licensed dealer that the 

19 information available to the National Instant Criminal 

20 Background Check System indicates that the possession 

21 of a firearm by an individual attempting to obtain a fire22 arm from the licensed dealer would violate subsection (g) 

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

24 State law, except when the Attorney General determines, 

25 on a case-by-case basis, that law enforcement purposes 

26 would best be served by not providing such a notice. 


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1 TITLE V—RESTORATION 

2 SEC. 501. FEDERAL AGENCY RELIEF PROGRAM. 

3 Section 101(c)(2)(A) of the NICS Improvement 

4 Amendments Act of 2007 (18 U.S.C. 922 note) is amend5 ed— 

6 (1) by redesignating clauses (ii) and (iii) as 

7 clauses (iii) and (iv), respectively; and 

8 (2) by inserting after clause (i) the following: 

9 ‘‘(ii) ADJUDICATION OF APPLICA10 TIONS.—A Federal department or agency 

11 that makes an adjudication related to the 

12 mental health of a person or imposes a 

13 commitment of a person to a mental insti14 tution, as described in subsection (d)(4) or 

15 (g)(4) of section 922 of title 18, United 

16 States Code, shall grant the person relief 

17 from the disability imposed by such sub18 section only if— 

19 ‘‘(I) not earlier than 1 year after 

20 the date on which the person is first 

21 subject to the disability, the person 

22 submits to the department or agen23 cy— 

24 ‘‘(aa) an application for re25 lief from the disability; and 


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1 ‘‘(bb) the opinion (and 

2 records and information sup3 porting the opinion) of a psychia4 trist or licensed clinical psycholo5 gist who has personally evaluated 

6 the person, which attests that— 

7 ‘‘(AA) the person no 

8 longer manifests the symp9 toms of mental disorder that 

10 resulted in the adjudication 

11 of the person as a mental 

12 defective or involuntary com13 mitment of the person; 

14 ‘‘(BB) the person ap15 pears to have adhered con16 sistently to any prescribed 

17 treatment for a substantial 

18 period of time preceding the 

19 date of the application; and 

20 ‘‘(CC) if ongoing treat21 ment is required, adherence 

22 to that treatment is likely to 

23 minimize the risk that the 

24 person will revert to a men25 tal state that would present 


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1 a danger to the person or to 

2 others; 

3 ‘‘(II) the department or agency 

4 has the opportunity to request an ad5 ditional evaluation of the person by a 

6 psychiatrist or licensed clinical psy7 chologist appointed by the department 

8 or agency; and 

9 ‘‘(III) the department or agency 

10 determines by a preponderance of the 

11 evidence received that— 

12 ‘‘(aa) the person no longer 

13 manifests the symptoms of men14 tal disorder that resulted in that 

15 person’s adjudication as a mental 

16 defective or involuntary commit17 ment or that otherwise signifi18 cantly elevate the risk of harm to 

19 self or others; 

20 ‘‘(bb) the person— 

21 ‘‘(AA) appears to have 

22 consistently adhered to any 

23 prescribed treatment for a 

24 substantial period of time 


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1 preceding the date of the ap2 plication; and 

3 ‘‘(BB) has expressed a 

4 willingness to continue treat5 ment under an appropriate 

6 mental health professional; 

7 ‘‘(cc) if ongoing treatment is 

8 required, adherence to that treat9 ment is likely to minimize the 

10 risk that the person will revert to 

11 a mental state that would present 

12 a danger to the person or to oth13 ers; and 

14 ‘‘(dd) the granting of the re15 lief would not be contrary to the 

16 public interest.’’. 

17 SEC. 502. STATE RELIEF PROGRAMS. 

18 (a) IN GENERAL.—Section 105 of the NICS Im19 provement Amendments Act of 2007 (18 U.S.C. 922 note) 

20 is amended— 

21 (1) in subsection (a), by striking paragraph (2) 

22 and inserting the following: 

23 ‘‘(2) provides that, not earlier than 1 year after 

24 the date on which a person is first adjudicated or 

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1 tion 922 of title 18, United States Code, a State 

2 court, board, commission, or other lawful authority 

3 shall grant the relief, pursuant to State law and in 

4 accordance with the principles of due process, only 

5 if— 

6 ‘‘(A) the person submits with the applica7 tion for relief under paragraph (1) the opinion 

8 (and records and information supporting the 

9 opinion) of a psychiatrist or licensed clinical 

10 psychologist who has personally evaluated the 

11 person, which attests that— 

12 ‘‘(i) the person no longer manifests 

13 the symptoms of mental disorder that re14 sulted in the adjudication of the person as 

15 a mental defective or involuntary commit16 ment of the person; 

17 ‘‘(ii) the person appears to have ad18 hered consistently to any prescribed treat19 ment for a substantial period of time pre20 ceding the date of the application; and 

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

22 adherence to that treatment is likely to 

23 minimize the risk that the person will re24 vert to a mental state that would present 

25 a danger to the person or to others; 


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1 ‘‘(B) the State has the opportunity to re2 quest an additional evaluation of the person by 

3 a psychiatrist or licensed clinical psychologist 

4 appointed by the court, board, commission, or 

5 other lawful authority; and 

6 ‘‘(C) the court, board, commission, or 

7 other lawful authority determines by a prepon8 derance of the evidence received that— 

9 ‘‘(i) the person no longer manifests 

10 the symptoms of mental disorder that re11 sulted in the adjudication of the person as 

12 a mental defective or involuntary commit13 ment of the person; 

14 ‘‘(ii) the person— 

15 ‘‘(I) appears to have consistently 

16 adhered to any prescribed treatment 

17 for a substantial period of time pre18 ceding the date of the application; and 

19 ‘‘(II) has expressed a willingness 

20 to continue treatment under an appro21 priate mental health professional; 

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

23 adherence to that treatment is likely to 

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1 vert to a mental state that would present 

2 a danger to the person or to others; and 

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

4 not be contrary to the public interest; 

5 and’’; and 

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

7 ‘‘(c) DEFINITIONS.—The Attorney General may, by 

8 regulation, define a term used in this section to ensure 

9 conformity with Federal programs providing relief from 

10 disabilities imposed under subsections (d) and (g) of sec11 tion 922 of title 18, United States Code.’’. 

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

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

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

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

16 105 of the NICS Improvement Amendments Act of 2007 

17 (18 U.S.C. 922 note) in effect on the date of enactment 

18 of this Act. 

19 SEC. 503. GENERAL FEDERAL RELIEF. 

20 Section 925(c) of title 18, United States Code, is 

21 amended— 

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

23 ‘‘(c)(1) Except as provided in paragraph (2), a per24 son’’; and 

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


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1 ‘‘(2) A person who is subject to a disability imposed 

2 under subsection (d)(4) or (g)(4) of section 922 may not 

3 receive relief under this subsection unless— 

4 ‘‘(A) the person submits an application to the 

5 Attorney General for relief from the disability not 

6 earlier than 1 year after the date on which the per7 son is first subject to the disability; 

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

9 for relief, the opinion (and records and information 

10 supporting the opinion) of a psychiatrist or licensed 

11 clinical psychologist who has personally evaluated 

12 the person, which attests that— 

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

14 symptoms of mental disorder that resulted in 

15 the adjudication of the person as a mental de16 fective or involuntary commitment of the per17 son; 

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

19 consistently to any prescribed treatment for a 

20 substantial period of time preceding the date of 

21 the application; and 

22 ‘‘(iii) if ongoing treatment is required, ad23 herence to that treatment is likely to minimize 

24 the risk that the person will revert to a mental 


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1 state that would present a danger to the person 

2 or to others; 

3 ‘‘(C) the Attorney General has the opportunity 

4 to request an additional evaluation by a psychiatrist 

5 or licensed clinical psychologist appointed by the 

6 court; and 

7 ‘‘(D) the Attorney General determines by a pre8 ponderance of the evidence received that— 

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

10 symptoms of mental disorder that resulted in 

11 the adjudication of the person as a mental de12 fective or involuntary commitment of the per13 son; 

14 ‘‘(ii) the person— 

15 ‘‘(I) appears to have adhered consist16 ently to any prescribed treatment for a 

17 substantial period of time preceding the 

18 date of the application; and 

19 ‘‘(II) has expressed a willingness to 

20 continue treatment under an appropriate 

21 mental health professional; 

22 ‘‘(iii) if ongoing treatment is required, ad23 herence to that treatment is likely to minimize 

24 the risk that the person will revert to a mental 


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1 state that would present a danger to the person 

2 or to others; and 

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

4 be contrary to the public interest.’’. 

5 TITLE VI—SUBMISSION OF MEN6 TAL HEALTH RECORDS TO 

7 NATIONAL INSTANT CRIMI8 NAL BACKGROUND CHECK 

9 SYSTEM 

10 SEC. 601. REPORTS RELATING TO SUBMISSION OF INFOR11 MATION TO NICS. 

12 Section 201 of the NICS Improvement Amendments 

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

14 (1) by striking subsection (b) and inserting the 

15 following: 

16 ‘‘(b) REPORT ON PERSONS PROHIBITED FROM OB17 TAINING FIREARMS AS A RESULT OF A CONVICTION OF

18 A MISDEMEANOR CRIME OF DOMESTIC VIOLENCE.—Not 

19 later than January 31 of each year, the Director shall sub20 mit to Congress a report containing the number of persons 

21 reported by each State to the National Instant Criminal 

22 Background Check System under section 102(b) who are 

23 prohibited from possessing or receiving a firearm under 

24 section 922(g)(9) of title 18, United States Code.’’; 

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


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1 (3) by inserting after subsection (c) the fol2 lowing: 

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

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

5 after the date of enactment of the Promoting 

6 Healthy Minds for Safer Communities Act of 2014, 

7 and annually thereafter, the Director shall submit to 

8 Congress and to each State participating in the Na9 tional Criminal History Improvement Program, a re10 port of the practices of the States that the Director 

11 considers to be promising practices. 

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

13 purposes of this subsection, the term ‘promising 

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

15 State regarding the collection, maintenance, automa16 tion, and transmittal by the State or any State 

17 agency of information relevant to determining 

18 whether a person is prohibited from possessing or 

19 receiving a firearm by Federal or State law, or any 

20 other records relevant to the National Instant Crimi21 nal Background Check System, that the Director de22 termines— 

23 ‘‘(A) has been used by a State or any 

24 State agency to successfully increase or expand 

25 its ability to collect, maintain, automate, and 


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1 transmit the information described in the mat2 ter preceding this subparagraph; 

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

4 becoming a best practice under subsection (c), 

5 with long-term sustainable impact; and 

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

7 State agencies.’’. 

8 SEC. 602. REAUTHORIZATION OF THE NATIONAL CRIMINAL 

9 HISTORY RECORDS IMPROVEMENT PRO10 GRAM. 

11 Section 106(b) of the Brady Handgun Violence Pre12 vention Act (18 U.S.C. 922 note) is amended— 

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

14 subparagraph (A), by striking ‘‘this Act’’ and insert15 ing ‘‘the Promoting Healthy Minds for Safer Com16 munities Act of 2014’’; and 

17 (2) in paragraph (2), by striking ‘‘a total of’’ 

18 and all that follows and inserting the following: 

19 ‘‘$100,000,000 for each of fiscal years 2015 through 

20 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 the 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 Sep 11 2014 23:37 Sep 25, 2014 Jkt 039200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S2872.IS S2872

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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.—A grant awarded 

11 to a State, Indian tribal government, or State court sys12 tem 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 transmittal of 

16 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 transmittal 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 that is directly reVerDate Sep 11 2014 23:37 Sep 25, 2014 Jkt 039200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S2872.IS S2872

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1 lated to checks under the National Instant Criminal 

2 Background Check System, including court disposi3 tion and corrections records; 

4 ‘‘(4) assist the State or Indian tribal govern5 ment in establishing or enhancing its own capacity 

6 to perform background checks using the National 

7 Instant 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.—Not more than 5 

23 percent of the amounts made available under this section 

24 may be reserved for Indian tribal governments for use by 

25 Indian 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 not later than 18 months 

8 after the date of enactment of the Promoting 

9 Healthy Minds for 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— 

14 (1) by striking the item relating to section 103 

15 and inserting the following: 

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

of NICS record reporting.’’; 

16 (2) by striking the item relating to title III; and 

17 (3) by striking the item relating to section 301. 

18 SEC. 605. SHARING OF RECORDS BY FEDERAL DEPART19 MENTS AND AGENCIES WITH NICS. 

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

21 2007 (18 U.S.C. 922 note) is amended— 

22 (1) in paragraph (2)— 

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

24 ‘‘and’’ at the end; 


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

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

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

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

5 date of enactment of the Promoting Healthy 

6 Minds for Safer Communities Act of 2014, and 

7 annually thereafter, submit a report to Con8 gress on the compliance of the head of each de9 partment or agency of the Federal Government 

10 with the requirements under paragraphs (1) 

11 and (3).’’; and 

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

13 ‘‘(3) OTHER FEDERAL DEPARTMENTS AND

14 AGENCIES.—The head of each department or agency 

15 of the Federal Government that is in possession of 

16 a record that is relevant to a determination of 

17 whether a person is disqualified from possessing or 

18 receiving a firearm under subsection (g) or (n) of 

19 section 922 of title 18, United States Code, shall 

20 make available to the Attorney General the record, 

21 updated not less than quarterly, for use in the back22 ground checks performed by the National Instant 

23 Criminal Background 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 enactment 

7 of this Act, the Secretary of Health and Human Services 

8 shall promulgate final regulations, in accordance with sec9 tion 264(c) of the Health Insurance Portability and Ac10 countability Act of 1996 (42 U.S.C. 1320d–2 note), to 

11 allow disclosures of information described in section 

12 102(c)(3) of the NICS Improvement Amendments Act of 

13 2007 (18 U.S.C. 922 note) to the National Instant Crimi14 nal Background Check System to assist the Attorney Gen15 eral in enforcing section 922(g)(4) of title 18, United 

16 States Code. 

Æ 


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