NAMI E-News October 26, 2002 Vol. 02-105
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House Passes "Our Lady of Peace Act," Prospects in the Senate Uncertain
On October 16, the U.S. House of Representatives passed by voice vote
legislation authorizing funding to ensure that states and localities report
the names of individuals "adjudicated as mentally defective" with the FBI's
National Instant Criminal Background Check System (NCIC). Sponsors of the
legislation, known as "Our Lady of Peace Act" (HR 4757/S 2826), attempted to
expedite Senate passage late last week but were blocked in their effort to
achieve unanimous consent. Since then, both the House and Senate have recessed
until at least the week of November 18 when members of Congress will return
for a post-election "lame duck" session. It is expected that sponsors of HR
4757/HR 2826 will again attempt to push the bill through the Senate and on to
President Bush's desk where it likely would be signed into law.
During the current congressional recess, NAMI will be attempting to force
changes in the current version of the "Our Lady of Peace Act" to address
concerns raised about provisions in the bill that would erode the privacy of
individual's mental illness treatment status and reinforce existing stigma
regarding people with mental illness. NAMI will also be urging the Senate
Judiciary Committee to convene hearings on the bill to examine the potential
impact on privacy rights of individuals with mental illness and likelihood
that potential disclosure to the federal NCIC database might deter individuals
from seeking treatment. To date, neither the House nor the Senate have held
hearings on HR 4757/S 2826.
In an E-News message circulated on October 2, NAMI outlined a range of
concerns about HR 4757/S 2826. Included below is additional background
material and a restatement of the impact this legislation could have on
individuals with mental illness. During the current recess, NAMI advocates are
encouraged to share these concerns with their U.S. senators and urge them to
amend the current version of this legislation to ensure that the privacy
rights of consumers are not unfairly compromised as part of the effort to
ensure appropriate screening of individuals seeking to purchase firearms. All
members of Congress can be reached by calling the Capitol Switchboard toll
free at 1-800-839-5276 or at 202-224-3121 or online through
www.congress.org.
Background on "Our Lady of Peace Act"
Since 1968, federal law has required state and local government agencies to
report the names of persons "adjudicated as mentally defective" to the Federal
Bureau of Investigation (FBI), which is responsible for conducting the
National Instant Criminal Background Check System (NCIC) for people seeking to
purchase firearms. However, most states and localities have never complied
with this law. HR 4757/S 2826 authorize a set of incentive grants to state and
local agencies to report these names. Although NAMI recognizes the importance
of screening individuals who wish to purchase guns, there is mounting concern
that this legislation contains overly broad language and has potential to
reinforce stigma and compromise the privacy of individuals with mental
illnesses.
The term "adjudication as a mentally defective," as defined in HR 4757/S 2826,
encompasses a variety of categories. While it is much narrower than all
individuals diagnosed with a mental illness, it does include all individuals
that have been involuntarily committed to a psychiatric facility, without
regard to functional impairment, when the commitment occurred or the reason
for the commitment. Additionally, any determination (formal or otherwise) by a
governmental agency that a person is a danger to themselves as a result of a
mental disorder or illness would serve as a basis for reporting their name to
the FBI's NCIC. Likewise, a determination that a person lacks capacity to
contract or manage their own affairs would also trigger a disclosure to the
NCIC.
Second, as currently drafted HR 4757/S 2868 is lacking adequate protections to
safeguard the privacy of individuals whose names are reported to the FBI for
maintenance in the NCIC system. Specifically, the bill directs the Attorney
General to work with states, local law enforcement and the mental health
system to establish regulations and protocols for protecting privacy. However,
the bill contains no specific parameters or guidelines for doing so. Finally,
in NAMI's view the very use of the language "adjudicated as a mentally
defective" in S 2826 is outdated and highly stigmatizing of people with mental
illness and would possibly deter some people from seeking necessary treatment.
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Thank you.
Last Updated on
04/14/04
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