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Code · BILL · 113th Congress · S. 2872 (Introduced in Senate) — To protect individuals by strengthening the Nation's mental health infrastructure, improving the understanding of vio... · Sec. 501

Sec. 501. Federal agency relief program

406 words·~2 min read·/bill/113/s/2872/is/section-501·

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Section 101(c)(2)(A) of the NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 note) is amended— by redesignating clauses
(ii)and
(iii)as clauses
(iii)and (iv), respectively; and by inserting after clause
(i)the following: A Federal department or agency that makes an adjudication related to the mental health of a person or imposes a commitment of a person to a mental institution, as described in subsection (d)(4) or (g)(4) of section 922 of title 18, United States Code, shall grant the person relief from the disability imposed by such subsection only if— not earlier than 1 year after the date on which the person is first subject to the disability, the person submits to the department or agency— an application for relief from the disability; and the opinion (and records and information supporting the opinion) of a psychiatrist or licensed clinical psychologist who has personally evaluated the person, which attests that— the person no longer manifests the symptoms of mental disorder that resulted in the adjudication of the person as a mental defective or involuntary commitment of the person; the person appears to have adhered consistently to any prescribed treatment for a substantial period of time preceding the date of the application; and if ongoing treatment is required, adherence to that treatment is likely to minimize the risk that the person will revert to a mental state that would present a danger to the person or to others; the department or agency has the opportunity to request an additional evaluation of the person by a psychiatrist or licensed clinical psychologist appointed by the department or agency; and the department or agency determines by a preponderance of the evidence received that— the person no longer manifests the symptoms of mental disorder that resulted in that person’s adjudication as a mental defective or involuntary commitment or that otherwise significantly elevate the risk of harm to self or others; the person— appears to have consistently adhered to any prescribed treatment for a substantial period of time preceding the date of the application; and has expressed a willingness to continue treatment under an appropriate mental health professional; if ongoing treatment is required, adherence to that treatment is likely to minimize the risk that the person will revert to a mental state that would present a danger to the person or to others; and the granting of the relief would not be contrary to the public interest. .
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Sec. 501
Federal agency relief program
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