Sec. 2. State reporting systems
1,639 words·~7 min read·
/bill/113/hr/4784/ih/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
For each fiscal year beginning with fiscal year 2018, a State shall— establish a reporting system, in accordance with guidelines provided pursuant to section 4(a), through which mental health professionals may report to appropriate State entities— in accordance with paragraph (2), information described in such paragraph with respect to individuals described in such paragraph; in accordance with paragraph (3), information described in such paragraph with respect to individuals described in such paragraph; and in accordance with paragraph (4), information described in such paragraph with respect to individuals described in such paragraph; establish under State law a process, in accordance with the guidelines provided pursuant to section 4(b), relating to temporarily committing individuals involuntarily to, or holding individuals involuntarily at, mental health facilities; from the information collected by the State pursuant to subparagraph (A), make electronically available to the Attorney General records relevant to a determination of whether a person is disqualified from possessing or receiving a firearm under subsection (g)(4) of section 922 of title 18, United States Code, or applicable State law; upon notification under a subsequent paragraph of this section or subparagraph (G), or otherwise as specified under such paragraph or subparagraph, that the basis under which a record was made available under subparagraph
(A)does not apply, or no longer applies, shall, as soon as practicable— update, correct, modify, or remove, as applicable, the record from any database that the Federal or State government maintains and makes available to the National Instant Criminal Background Check System, consistent with the rules pertaining to that database; and notify the Attorney General that such basis no longer applies so that the record system in which the record is maintained is kept up to date; ensure that the information submitted to the reporting system pursuant to this subsection— with respect to an individual described in paragraph (3), is removed from such system on the date described in the second sentence of such paragraph; and with respect to an individual described in paragraph (4), is removed from such system on the date described in the second sentence of such paragraph; ensure that the reporting system established under subparagraph
(A)includes an appeals process comparable to such a process applied with respect to the National Instant Criminal Background Check System, including with respect to procedures for notifications of individuals with respect to whom information is submitted to the reporting system and an opportunity to review and appeal such submission; and ensure that any individual who— is disqualified from possessing or receiving a firearm under subsection (g)(4) of section 922, of title United States Code, or applicable State law pursuant to information reported through the reporting system established under subparagraph (A); and at the time of inclusion of such information in such reporting system is under 18 years of age; is evaluated by a mental health professional by not later than the date the individual is 21 years of age in order to determine if such individual should remain so disqualified; and upon determination that such individual should not remain so disqualified, notify the appropriate State entity that the information so reported no longer applies for inclusion in the reporting system or any database or record described in subparagraph (D). For purposes of subsection (a)(1)(A)(i), in the case of an individual who is committed on a voluntary basis to a mental institution (as defined for purposes of section 922(g)(4) of title 18, United States Code) in a State, the mental health professional who is primarily responsible for the individual’s treatment at such institution— may report to the reporting system established by the State under paragraph (1)(A) information with respect to such individual that is sufficient for inclusion in the National Instant Criminal Background Check System and consistent with Federal and State privacy laws if such mental health professional determines, in accordance with the guidelines provided pursuant to section 4(a) and with section 5(c), such individual is a danger to the individual or to others; and upon discharge of such individual from such institution, shall notify the appropriate State entity that the information submitted under subparagraph
(A)no longer applies for inclusion in the reporting system established under paragraph (1)(A) or any database or record described in paragraph (1)(D). For purposes of subsection (a)(1)(A)(ii), in the case of an individual who is temporarily committed or held on an involuntary basis, in accordance with a process described in paragraph (1)(B), to a mental institution (as defined for purposes of section 922(g)(4) of title 18, United States Code) in a State, the mental health professional who is primarily responsible for the individual’s treatment at such institution may report to the reporting system established by the State under paragraph (1)(A), as soon as is practicable after the date the individual is released from such institution, information with respect to such individual that is sufficient for inclusion in the National Instant Criminal Background Check System and consistent with Federal and State privacy laws if such mental health professional determines, in accordance with the guidelines provided pursuant to section 4(a) and with section 5(c), such individual is a danger to the individual or to others. On the date that is 5 years after the date of such release, for purposes of subsections (a)(1)(D) and (b)(1), the appropriate State entity and the Attorney General shall be deemed to have been notified that the information submitted under the previous sentence no longer applies for inclusion in the reporting system established under paragraph (1)(A) or any database or record described in paragraph (1)(D). For purposes of subsection (a)(1)(A)(iii), in the case of an individual who communicates to a mental health professional a serious threat, as determined by the professional in accordance with the guidance provided pursuant to section 4(a), of physical violence against another individual who is reasonably identifiable, the mental health professional may report to the reporting system established by the State under paragraph (1)(A), as soon as is practicable after the date of such communication, information with respect to such individual that is sufficient for inclusion in the National Instant Criminal Background Check System and consistent with Federal and State privacy laws. On the date that is 6 months after the date of such report, for purposes of subsections (a)(1)(D) and (b)(1), the appropriate State entity and the Attorney General shall be deemed to have been notified that the information submitted under the previous sentence no longer applies for inclusion in the reporting system established under paragraph (1)(A) or any database or record described in paragraph (1)(D). The Attorney General upon receiving notice pursuant to subsection (a)(1)(D) shall ensure that the record in the National Instant Criminal Background Check System is updated, corrected, modified, or removed within 30 days of receipt. The Attorney General shall ensure that the information submitted to the National Instant Criminal Background Check System pursuant to subsection (a)— with respect to an individual described in paragraph
(3)of subsection (a), is removed from such system on the date described in the second sentence of such paragraph; and with respect to an individual described in paragraph
(4)of subsection (a), is removed from such system on the date described in the second sentence of such paragraph. Not later than January 31 of each year, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the progress of the States in implementing and maintaining the reporting system described in subparagraph
(A)of subsection (a)(1) and process described in subparagraph
(B)of such subsection, and in providing that information pursuant to the requirements of subparagraphs
(C)and
(D)of such subsection. There are authorized to be appropriated to the Department of Justice, such funds as may be necessary to carry out subparagraph (A). For each year during the 2-year period beginning 3 years after the date of enactment of this Act, the Attorney General may withhold not more than 3 percent of the amount that would otherwise be allocated to a State for such year under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State is not in compliance with each requirement under subsection (a)(1) with respect to such year. For each year during the 5-year period after the expiration of the period referred to in clause (i), the Attorney General may withhold not more than 4 percent of the amount that would otherwise be allocated to a State for such year under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State is not in compliance with each requirement under subsection (a)(1) with respect to such year. For each year after the expiration of the periods referred to in subparagraph (A), the Attorney General shall withhold 5 percent of the amount that would otherwise be allocated to a State for such year under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ), if the State is not in compliance with each requirement under subsection (a)(1) with respect to such year. The Attorney General may waive the applicability of subparagraph
(B)to a State with respect to the requirements described in subparagraphs (A), (B), and
(C)of subsection (a)(1) if the State provides substantial evidence, as determined by the Attorney General, that the State is making a reasonable effort to comply with such requirements. Any funds that are not allocated under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ) to a State pursuant to paragraph
(2)because of the failure of the State to comply with the requirements of subsection (a)(1) shall be reallocated under such section to States that meet such requirements.
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 2
State reporting systems
Cites 1Cited by 0 across 0 sources