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Code · BILL · 115th Congress · H.R. 4142 (Introduced in House) — To protect individuals by strengthening the Nation’s mental health infrastructure, improving the understanding of vio... · Sec. 501

Sec. 501. Federal agency relief program

300 words·~1 min read·/bill/115/hr/4142/ih/section-501

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Section 101(c) of the NICS Improvement Amendments Act of 2007 ( 34 U.S.C. 40911 ) is amended— in paragraph (2)(A)(i), by inserting after imposed by such subsections the following: if such person is a person described in subparagraph
(C)and submits the opinion (and records and information supporting the opinion) of a psychiatrist, a clinical psychologist, or a licensed or qualified mental health professional who can provide adequate information who has personally evaluated the person ; and by adding at the end of paragraph
(2)the following: A person is described in this subparagraph if, beginning not earlier than 1 year after the person is subject to the disabilities imposed by subsection (d)(4) or (g)(4) of section 922 of title 18, United States Code, and after affording the Federal department or agency the opportunity to request an additional evaluation, by a psychiatrist, a clinical psychologist, or a licensed or qualified mental health professional who can provide adequate information appointed by the department or agency, 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 ineligible due to disqualifying mental status or involuntary commitment or that otherwise significantly elevate the risk of harm to self or others; the person has adhered consistently 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, that 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 self or others; and the granting of the relief would not be contrary to the public interest. .
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Federal agency relief program
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