; and (ii) for purposes of any request, submission, or notification, the Director of the Administrative Office of the United States Courts shall perform the functions of the head of the department or agency. . 106. Codification of HIPAA authority for covered entities to submit mental health records to the National Instant Criminal Background Check System A covered entity (as defined in section 160.103 of title 45, Code of Federal Regulations, or any successor regulation) may use or disclose protected health information (as defined in such section) for purposes of reporting to the National Instant Criminal Background Check System the identity of an individual who is prohibited from possessing a firearm under section 922(g)(4) of title 18, United States Code, provided the covered entity— (1) is a State agency or other entity that is, or contains an entity that is— (A) an entity designated by the State to report, or which collects information for purposes of reporting, on behalf of the State, to the National Instant Criminal Background Check System; or (B) a court, board, commission, or other lawful authority that makes the commitment or adjudication that causes an individual to become subject to such section 922(g)(4); (2) discloses the information only to— (A) the National Instant Criminal Background Check System; or (B) an entity designated by the State to report, or which collects information for purposes of reporting, on behalf of the State, to the National Instant Criminal Background Check System; and (3) (A) discloses only the limited demographic and certain other information needed for purposes of reporting to the National Instant Criminal Background Check System