I 

115TH CONGRESS 

1ST SESSION H. R. 4344 

To incentivize State reporting systems that allow mental health professionals 

to submit information on certain individuals deemed dangerous for purposes of prohibiting firearm possession by such individuals, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 9, 2017 

Mr. CICILLINE (for himself, Mr. KHANNA, Mr. MCGOVERN, and Mr. BLUMENAUER) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and 

Commerce, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To incentivize State reporting systems that allow mental 

health professionals to submit information on certain 

individuals deemed dangerous for purposes of prohibiting 

firearm possession by such individuals, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘End Purchase of Fire5 arms by Dangerous Individuals Act of 2017’’. 


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1 SEC. 2. STATE REPORTING SYSTEMS. 

2 (a) STATE REPORTING SYSTEMS AS CONDITION OF

3 RECEIVING FULL EDWARD BYRNE MEMORIAL JUSTICE

4 ASSISTANCE GRANTS AMOUNTS.— 

5 (1) IN GENERAL.—For each fiscal year begin6 ning with fiscal year 2019, a State shall— 

7 (A) establish a reporting system, in accord8 ance with guidelines provided pursuant to sec9 tion 4(a), through which mental health profes10 sionals may report to appropriate State enti11 ties— 

12 (i) in accordance with paragraph (2), 

13 information described in such paragraph 

14 with respect to individuals described in 

15 such paragraph; 

16 (ii) in accordance with paragraph (3), 

17 information described in such paragraph 

18 with respect to individuals described in 

19 such paragraph; and 

20 (iii) in accordance with paragraph (4), 

21 information described in such paragraph 

22 with respect to individuals described in 

23 such paragraph; 

24 (B) establish under State law a process, in 

25 accordance with the guidelines provided pursu26 ant to section 4(b), relating to temporarily comVerDate Sep 11 2014 23:18 Nov 15, 2017 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4344.IH H4344

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1 mitting individuals involuntarily to, or holding 

2 individuals involuntarily at, mental health facili3 ties; 

4 (C) from the information collected by the 

5 State pursuant to subparagraph (A), make elec6 tronically available to the Attorney General 

7 records relevant to a determination of whether 

8 a person is disqualified from possessing or re9 ceiving a firearm under subsection (g)(4) of sec10 tion 922 of title 18, United States Code, or ap11 plicable State law; 

12 (D) upon notification under a subsequent 

13 paragraph of this section or subparagraph (G), 

14 or otherwise as specified under such paragraph 

15 or subparagraph, that the basis under which a 

16 record was made available under subparagraph 

17 (A) does not apply, or no longer applies, shall, 

18 as soon as practicable— 

19 (i) update, correct, modify, or remove, 

20 as applicable, the record from any data21 base that the Federal or State government 

22 maintains and makes available to the Na23 tional Instant Criminal Background Check 

24 System, consistent with the rules per25 taining to that database; and 


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1 (ii) notify the Attorney General that 

2 such basis no longer applies so that the 

3 record system in which the record is main4 tained is kept up to date; 

5 (E) ensure that the information submitted 

6 to the reporting system pursuant to this sub7 section— 

8 (i) with respect to an individual de9 scribed in paragraph (3), is removed from 

10 such system on the date described in the 

11 second sentence of such paragraph; and 

12 (ii) with respect to an individual de13 scribed in paragraph (4), is removed from 

14 such system on the date described in the 

15 second sentence of such paragraph; 

16 (F) ensure that the reporting system es17 tablished under subparagraph (A) includes an 

18 appeals process comparable to such a process 

19 applied with respect to the National Instant 

20 Criminal Background Check System, including 

21 with respect to procedures for notifications of 

22 individuals with respect to whom information is 

23 submitted to the reporting system and an op24 portunity to review and appeal such submission; 

25 and 


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1 (G)(i) ensure that any individual who— 

2 (I) is disqualified from possessing or 

3 receiving a firearm under subsection (g)(4) 

4 of section 922, of title 18, United States 

5 Code, or applicable State law pursuant to 

6 information reported through the reporting 

7 system established under subparagraph 

8 (A); and 

9 (II) at the time of inclusion of such 

10 information in such reporting system is 

11 under 18 years of age, 

12 is evaluated by a mental health professional by 

13 not later than the date the individual is 21 

14 years of age in order to determine if such indi15 vidual should remain so disqualified; and 

16 (ii) upon determination that such indi17 vidual should not remain so disqualified, notify 

18 the appropriate State entity that the informa19 tion so reported no longer applies for inclusion 

20 in the reporting system or any database or 

21 record described in subparagraph (D). 

22 (2) INDIVIDUALS TEMPORARILY COMMITTED ON

23 A VOLUNTARY BASIS.—For purposes of subsection 

24 (a)(1)(A)(i), in the case of an individual who is com25 mitted on a voluntary basis to a mental institution 


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1 (as defined for purposes of section 922(g)(4) of title 

2 18, United States Code) in a State, the mental 

3 health professional who is primarily responsible for 

4 the individual’s treatment at such institution— 

5 (A) may report to the reporting system es6 tablished by the State under paragraph (1)(A) 

7 information with respect to such individual that 

8 is sufficient for inclusion in the National In9 stant Criminal Background Check System and 

10 consistent with Federal and State privacy laws 

11 if such mental health professional determines, 

12 in accordance with the guidelines provided pur13 suant to section 4(a) and with section 5(c), 

14 such individual is a danger to the individual or 

15 to others; and 

16 (B) upon discharge of such individual from 

17 such institution, shall notify the appropriate 

18 State entity that the information submitted 

19 under subparagraph (A) no longer applies for 

20 inclusion in the reporting system established 

21 under paragraph (1)(A) or any database or 

22 record described in paragraph (1)(D). 

23 (3) INDIVIDUALS TEMPORARILY COMMITTED OR

24 HELD ON AN INVOLUNTARY BASIS.—For purposes of 

25 subsection (a)(1)(A)(ii), in the case of an individual 


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1 who is temporarily committed or held on an involun2 tary basis, in accordance with a process described in 

3 paragraph (1)(B), to a mental institution (as defined 

4 for purposes of section 922(g)(4) of title 18, United 

5 States Code) in a State, the mental health profes6 sional who is primarily responsible for the individ7 ual’s treatment at such institution may report to the 

8 reporting system established by the State under 

9 paragraph (1)(A), as soon as is practicable after the 

10 date the individual is released from such institution, 

11 information with respect to such individual that is 

12 sufficient for inclusion in the National Instant 

13 Criminal Background Check System and consistent 

14 with Federal and State privacy laws if such mental 

15 health professional determines, in accordance with 

16 the guidelines provided pursuant to section 4(a) and 

17 with section 5(c), such individual is a danger to the 

18 individual or to others. On the date that is 5 years 

19 after the date of such release, for purposes of sub20 sections (a)(1)(D) and (b)(1), the appropriate State 

21 entity and the Attorney General shall be deemed to 

22 have been notified that the information submitted 

23 under the previous sentence no longer applies for in24 clusion in the reporting system established under 


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1 paragraph (1)(A) or any database or record de2 scribed in paragraph (1)(D). 

3 (4) INDIVIDUALS MAKING SPECIFIC THREAT TO

4 MENTAL HEALTH PROFESSIONAL.—For purposes of 

5 subsection (a)(1)(A)(iii), in the case of an individual 

6 who communicates to a mental health professional a 

7 serious threat, as determined by the professional in 

8 accordance with the guidance provided pursuant to 

9 section 4(a), of physical violence against another in10 dividual who is reasonably identifiable, the mental 

11 health professional may report to the reporting sys12 tem established by the State under paragraph 

13 (1)(A), as soon as is practicable after the date of 

14 such communication, information with respect to 

15 such individual that is sufficient for inclusion in the 

16 National Instant Criminal Background Check Sys17 tem and consistent with Federal and State privacy 

18 laws. On the date that is 6 months after the date 

19 of such report, for purposes of subsections (a)(1)(D) 

20 and (b)(1), the appropriate State entity and the At21 torney General shall be deemed to have been notified 

22 that the information submitted under the previous 

23 sentence no longer applies for inclusion in the re24 porting system established under paragraph (1)(A) 


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1 or any database or record described in paragraph 

2 (1)(D). 

3 (b) NATIONAL INSTANT CRIMINAL BACKGROUND

4 CHECK SYSTEM UPDATES REQUIRED.— 

5 (1) IN GENERAL.—The Attorney General upon 

6 receiving notice pursuant to subsection (a)(1)(D) 

7 shall ensure that the record in the National Instant 

8 Criminal Background Check System is updated, cor9 rected, modified, or removed within 30 days of re10 ceipt. 

11 (2) SPECIFIC INFORMATION REMOVED FROM

12 RECORD.—The Attorney General shall ensure that 

13 the information submitted to the National Instant 

14 Criminal Background Check System pursuant to 

15 subsection (a)— 

16 (A) with respect to an individual described 

17 in paragraph (3) of subsection (a), is removed 

18 from such system on the date described in the 

19 second sentence of such paragraph; and 

20 (B) with respect to an individual described 

21 in paragraph (4) of subsection (a), is removed 

22 from such system on the date described in the 

23 second sentence of such paragraph. 

24 (c) ENFORCEMENT.— 

25 (1) ATTORNEY GENERAL REPORT.— 


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1 (A) IN GENERAL.—Not later than January 

2 31 of each year, the Attorney General shall sub3 mit to the Committee on the Judiciary of the 

4 Senate and the Committee on the Judiciary of 

5 the House of Representatives a report on the 

6 progress of the States in implementing and 

7 maintaining the reporting system described in 

8 subparagraph (A) of subsection (a)(1) and 

9 process described in subparagraph (B) of such 

10 subsection, and in providing that information 

11 pursuant to the requirements of subparagraphs 

12 (C) and (D) of such subsection. 

13 (B) AUTHORIZATION OF APPROPRIA14 TIONS.—There are authorized to be appro15 priated to the Department of Justice, such 

16 funds as may be necessary to carry out sub17 paragraph (A). 

18 (2) PENALTIES.— 

19 (A) DISCRETIONARY REDUCTION.— 

20 (i) For each year during the 2-year 

21 period beginning 3 years after the date of 

22 enactment of this Act, the Attorney Gen23 eral may withhold not more than 3 percent 

24 of the amount that would otherwise be al25 located to a State for such year under secVerDate Sep 11 2014 23:18 Nov 15, 2017 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4344.IH H4344

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1 tion 505 of the Omnibus Crime Control 

2 and Safe Streets Act of 1968 (42 U.S.C. 

3 3755) if the State is not in compliance 

4 with each requirement under subsection 

5 (a)(1) with respect to such year. 

6 (ii) For each year during the 5-year 

7 period after the expiration of the period re8 ferred to in clause (i), the Attorney Gen9 eral may withhold not more than 4 percent 

10 of the amount that would otherwise be al11 located to a State for such year under sec12 tion 505 of the Omnibus Crime Control 

13 and Safe Streets Act of 1968 (42 U.S.C. 

14 3755) if the State is not in compliance 

15 with each requirement under subsection 

16 (a)(1) with respect to such year. 

17 (B) MANDATORY REDUCTION.—For each 

18 year after the expiration of the periods referred 

19 to in subparagraph (A), the Attorney General 

20 shall withhold 5 percent of the amount that 

21 would otherwise be allocated to a State for such 

22 year under section 505 of the Omnibus Crime 

23 Control and Safe Streets Act of 1968 (42 

24 U.S.C. 3755), if the State is not in compliance 


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1 with each requirement under subsection (a)(1) 

2 with respect to such year. 

3 (C) WAIVER BY ATTORNEY GENERAL.— 

4 The Attorney General may waive the applica5 bility of subparagraph (B) to a State with re6 spect to the requirements described in subpara7 graphs (A), (B), and (C) of subsection (a)(1) if 

8 the State provides substantial evidence, as de9 termined by the Attorney General, that the 

10 State is making a reasonable effort to comply 

11 with such requirements. 

12 (3) REALLOCATION.—Any funds that are not 

13 allocated under section 505 of the Omnibus Crime 

14 Control and Safe Streets Act of 1968 (42 U.S.C. 

15 3755) to a State pursuant to paragraph (2) because 

16 of the failure of the State to comply with the re17 quirements of subsection (a)(1) shall be reallocated 

18 under such section to States that meet such require19 ments. 

20 SEC. 3. ADDITIONAL FIREARMS PROHIBITIONS TO FED21 ERAL NICS SYSTEM BASED ON STATE RE22 PORTING SYSTEMS. 

23 Section 922 of title 18, United States Code, is 

24 amended— 

25 (1) in subsection (d)— 


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1 (A) by amending paragraph (4) to read as 

2 follows: 

3 ‘‘(4) has been— 

4 ‘‘(A) adjudicated as a mental defective; or 

5 ‘‘(B) committed to any mental institution, 

6 and— 

7 ‘‘(i) in the case of a voluntary com8 mitment— 

9 ‘‘(I) has been determined by a 

10 mental health professional, in accord11 ance with section 5(c) of the End 

12 Purchase of Firearms by Dangerous 

13 Individuals Act of 2017, to present a 

14 danger to others; and 

15 ‘‘(II) is serving a period of com16 mitment at such institution; 

17 ‘‘(ii) in the case of a temporary invol18 untary commitment or hold through a 

19 process established pursuant to section 

20 2(a)(1)(B) of the End Purchase of Fire21 arms by Dangerous Individuals Act of 

22 2017— 

23 ‘‘(I) has been determined by a 

24 mental health professional, in accord25 ance with section 5(c) of the End 


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1 Purchase of Firearms by Dangerous 

2 Individuals Act of 2017, to present a 

3 danger to others; and 

4 ‘‘(II) is serving a period of com5 mitment at such institution, or has 

6 been released from such institution 

7 for a period of less than 5 years; or 

8 ‘‘(iii) in the case of a formal commit9 ment by a court, board, commission, or 

10 other lawful authority, is serving a period 

11 of commitment at such institution, or has 

12 been released from such institution;’’; 

13 (B) in paragraph (8), by striking ‘‘or’’ at 

14 the end; 

15 (C) in paragraph (9), by striking the pe16 riod at the end and inserting ‘‘; or’’; and 

17 (D) by inserting after paragraph (9), the 

18 following new paragraph: 

19 ‘‘(10) during the prior 6-month period, has 

20 communicated to a mental health professional a seri21 ous threat to commit an act of physical violence 

22 against another identifiable person.’’; and 

23 (2) in subsection (g)— 

24 (A) by amending paragraph (4) to read as 

25 follows: 


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1 ‘‘(4) who has been— 

2 ‘‘(A) adjudicated as a mental defective; or 

3 ‘‘(B) committed to any mental institution, 

4 and— 

5 ‘‘(i) in the case of a voluntary com6 mitment— 

7 ‘‘(I) has been determined by a 

8 mental health professional, in accord9 ance with section 5(c) of the End 

10 Purchase of Firearms by Dangerous 

11 Individuals Act of 2017, to present a 

12 danger to others; and 

13 ‘‘(II) is serving a period of com14 mitment at such institution; 

15 ‘‘(ii) in the case of a temporary invol16 untary commitment or hold through a 

17 process established pursuant to section 

18 2(a)(1)(B) of the End Purchase of Fire19 arms by Dangerous Individuals Act of 

20 2017— 

21 ‘‘(I) has been determined by a 

22 mental health professional, in accord23 ance with section 5(c) of the End 

24 Purchase of Firearms by Dangerous 


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1 Individuals Act of 2017, to present a 

2 danger to others; and 

3 ‘‘(II) is serving a period of com4 mitment at such institution, or has 

5 been released from such institution 

6 for a period of less than 5 years; or 

7 ‘‘(iii) in the case of a formal commit8 ment by a court, board, commission, or 

9 other lawful authority, is serving a period 

10 of commitment at such institution, or has 

11 been released from such institution;’’; 

12 (B) in paragraph (8), by striking ‘‘or’’ at 

13 the end; 

14 (C) in paragraph (9), by striking the 

15 comma at the end and inserting ‘‘; or’’; and 

16 (D) by inserting after paragraph (9), the 

17 following new paragraph: 

18 ‘‘(10) who has communicated to a mental 

19 health professional a serious threat to commit an act 

20 of physical violence against another identifiable per21 son, for a period of 6 months after making such a 

22 threat,’’. 

23 SEC. 4. GUIDELINES. 

24 (a) GENERAL GUIDELINES FOR STATE REPORTING

25 SYSTEMS.—Not later than 16 months after the date of 


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1 the enactment of this Act, the Secretary of Health and 

2 Human Services shall, pursuant to rulemaking and in ac3 cordance with subsection (d), establish guidelines for 

4 States and mental health professionals, with respect to es5 tablishing reporting systems under section 2(a)(1)— 

6 (1) to ensure determinations described in para7 graphs (2) and (3) of section 2(a) of dangerousness 

8 and determinations described in section 2(a)(4) of 

9 serious threat for purposes of reporting information 

10 under section 2(a)(1) are administered properly; 

11 (2) to ensure that only individuals qualified to 

12 make such determinations are permitted to do so; 

13 (3) to ensure an individual has recourse at any 

14 point during the detention of such individual at a 

15 mental health institution on the basis of a voluntary 

16 or involuntary commitment to contest the legality of 

17 such commitment or determination of dangerousness 

18 by means of a ‘‘habeas corpus’’ or writ hearing; 

19 (4) to ensure all reporting to law enforcement 

20 officials, State-based databases, and National In21 stant Criminal Background Check System are com22 pliant with applicable Federal and State privacy and 

23 security protections and standards; 

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1 termine dangerousness for purposes described in sec2 tion 2; and 

3 (6) for any other purpose deemed necessary by 

4 the Secretary. 

5 (b) TEMPORARY INVOLUNTARY COMMITMENT OR

6 HOLD PROCESS GUIDELINES.—Not later than 16 months 

7 after the date of the enactment of this Act, the Secretary 

8 of Health and Human Services shall, pursuant to rule9 making and in accordance with subsection (d), establish 

10 guidelines for States to establish a process for temporarily 

11 committing or holding individuals on an involuntary basis 

12 to mental health institutions. Such guidelines shall ad13 dress at least the following: 

14 (1) DUE PROCESS.—Guidelines to ensure any 

15 determination that an individual shall be temporarily 

16 involuntarily committed or held is assessed by more 

17 than one qualified mental health professional. 

18 (2) QUALIFIED PROFESSIONALS.—Guidelines to 

19 determine which mental health professionals are 

20 qualified to handle the responsibilities provided such 

21 professionals under section 2. 

22 (3) RECOMMENDATIONS IN ASSESSING PA23 TIENTS.—Guidelines recommending the process by 

24 which qualified professionals should assess an indiVerDate Sep 11 2014 23:18 Nov 15, 2017 Jkt 079200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H4344.IH H4344

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1 vidual to determine dangerousness for purposes de2 scribed in section 2. 

3 (4) TREATMENTS.— 

4 (A) IN GENERAL.—Guidelines for how any 

5 individual designated to be temporarily involun6 tary committed or held and who is receiving 

7 medication as a result of the mental illness of 

8 such individual must be advised about the prob9 able effects and possible side effects of the 

10 medication. 

11 (B) INFORMATION ON MEDICATION.— 

12 Guidelines for requiring the following informa13 tion related to medications to be given to such 

14 an individual: 

15 (i) The nature of the mental illness or 

16 behavior that is the reason the medication 

17 is being given or recommended. 

18 (ii) The likelihood of such mental ill19 ness or behavior improving or not improv20 ing without the medication. 

21 (iii) Reasonable alternative treatments 

22 available. 

23 (iv) The name and type, frequency 

24 amount, and method of dispensing the 


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1 medication, and the probable length of 

2 time the medication will be taken. 

3 (5) ASSESSMENT.—Guidelines related to the 

4 process of assessing an individual for a temporary 

5 involuntary commitment or hold, which shall incor6 porate the following requirements: 

7 (A) FACE TO FACE.—Prior to admitting 

8 an individual to a mental health facility pursu9 ant to such commitment, the qualified mental 

10 health professional in charge of the facility or 

11 designee of such professional shall assess the 

12 individual with a face to face assessment to de13 termine the appropriateness of the temporary 

14 involuntary detention or hold. 

15 (B) VERIFICATION FROM SECOND PROFES16 SIONAL.—A second mental health professional 

17 shall independently verify the appropriateness 

18 of the temporary involuntary detention or hold. 

19 (6) ADVISEMENT.—Guidelines related to advis20 ing such an individual orally and in written form 

21 during the following steps in the process of the indi22 vidual being temporarily involuntarily committed or 

23 held: 

24 (A) TRANSPORT.—After an initial deten25 tion by a qualified professional (as defined by 


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1 the State) to transport a patient to a facility, 

2 an oral advisement containing critical informa3 tion as determined by the Secretary must be 

4 given to the individual being transported to a 

5 facility for an assessment. 

6 (B) UPON ADMISSION.—Upon admission, 

7 after a determination of dangerousness by a 

8 qualified professional, an oral advisement by a 

9 mental health professional containing critical 

10 information as determined by the Secretary 

11 must be given to the individual. 

12 (7) ADDITIONAL GUIDELINES.—Any other 

13 guidelines deemed necessary by the Secretary for 

14 purposes of this Act. 

15 (c) CERTIFICATION PROCESS.—The Secretary of 

16 Health and Human Services shall establish a process for 

17 certifying that States are in compliance with the guide18 lines described in subsections (a) and (b) for purposes of 

19 establishing the compliance of such States under section 

20 2(c). 

21 (d) CONSULTATION WITH STAKEHOLDERS.—In es22 tablishing guidelines described in paragraphs (1), (2), and 

23 (5) of subsection (a) and paragraphs (2), (3), (4), and 

24 (5) of subsection (b), the Secretary of Health and Human 

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1 sional organizations and stakeholders, such as the Amer2 ican Psychological Association and the American Psy3 chiatric Association. 

4 SEC. 5. MISCELLANEOUS. 

5 (a) INDIVIDUALS TEMPORARILY INVOLUNTARILY

6 COMMITTED OR HELD TO BE TREATED AS DISTINCT

7 FROM OTHERS WHO ARE INVOLUNTARILY COM8 MITTED.—For purposes of the National Instant Criminal 

9 Background Check System, the provisions of this Act, and 

10 section 922 of title 18, United States Code, individuals 

11 who are temporarily involuntarily committed or held under 

12 a State-level process with respect to which the State has 

13 been certified under section 4(c) shall be treated as a sepa14 rate and distinct population from individuals who are in15 voluntarily committed through a judicial process. 

16 (b) LIMITING LIABILITY FOR MENTAL HEALTH PRO17 FESSIONALS.—Any mental health professional who does 

18 not report under a reporting system established under sec19 tion 2(a)(1), in accordance with guidelines established 

20 under section 4(a), information described in paragraph 

21 (2), (3), or (4) of section 2(a), with respect to an indi22 vidual described in such respective paragraph, shall not 

23 be held liable in any civil action in State or Federal court 

24 for any damages resulting from such failure to report such 

25 information. 


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1 (c) DETERMINATION OF DANGEROUSNESS.—For 

2 purposes of this Act, a determination of dangerousness, 

3 with respect to an individual, shall be predicated on the 

4 presence of either— 

5 (1) a substantial risk of physical harm to the 

6 individual as manifested by evidence of, threats of, 

7 or attempts at, suicide or serious bodily harm; or 

8 (2) a substantial risk of physical harm to an9 other individual as manifested by evidence of homi10 cidal or other violent behavior or evidence that such 

11 other individual is placed in reasonable fear of vio12 lent behavior and physical harm to such other indi13 vidual. 

14 (d) STUDY ON EXISTING STATE STATUTES.— 

15 (1) STUDY.—The Secretary of Health and 

16 Human Services (in this subsection referred to as 

17 the ‘‘Secretary’’) shall enter into an agreement with 

18 the Institute of Medicine (or if the Institute declines 

19 to enter into such an agreement, another appro20 priate entity) to conduct a comprehensive study on 

21 State statutes, enacted before the date of the enact22 ment of this Act, that require mental health profes23 sionals to directly report certain individuals into 

24 State firearm prohibition databases. 


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1 (2) CONSIDERATIONS.—The study under para2 graph (1) shall include consideration of the fol3 lowing: 

4 (A) How the State statutes described in 

5 such paragraph impact the quality of care pro6 vided by mental health professionals to patients. 

7 (B) How such State statutes impact a pa8 tient’s decision to access mental health treat9 ment. 

10 (C) The effectiveness of such State stat11 utes as interventions for preventing firearm-re12 lated violence. 

13 (D) Any other relevant considerations, as 

14 determined by the Institute of Medicine (or, if 

15 applicable, the other appropriate entity de16 scribed in paragraph (1)). 

17 (3) REPORT.—The Secretary shall ensure that, 

18 not later than 12 months after the date of enact19 ment of this Act— 

20 (A) the study under subparagraph (1) is 

21 completed; and 

22 (B) a report on the finding and conclusions 

23 of such study is submitted to the Congress. 


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1 (e) AMENDING REFERENCES FROM PERSONS ADJU2 DICATED AS A MENTAL DEFECTIVE TO INELIGIBLE DUE

3 TO DISQUALIFYING MENTAL STATUS.— 

4 (1) IN GENERAL.— 

5 (A) Section 175b(d)(2)(F) of title 18, 

6 United States Code, is amended by striking 

7 ‘‘adjudicated as a mental defective,’’ and insert8 ing ‘‘adjudicated as ineligible due to disquali9 fying mental status’’. 

10 (B) Section 842 of title 18, United States 

11 Code, is amended— 

12 (i) in subsection (d)(6), by striking 

13 ‘‘adjudicated a mental defective,’’ and in14 serting ‘‘adjudicated as ineligible due to 

15 disqualifying mental status’’; and 

16 (ii) in subsection (i)(4), by striking 

17 ‘‘adjudicated as a mental defective,’’ and 

18 inserting ‘‘adjudicated as ineligible due to 

19 disqualifying mental status’’. 

20 (C) Section 922 of title 18, United States 

21 Code, as amended by section 3 of this Act, is 

22 amended— 

23 (i) in subsection (d)(4)(A), by striking 

24 ‘‘adjudicated as a mental defective,’’ and 


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1 inserting ‘‘adjudicated as ineligible due to 

2 disqualifying mental status’’; 

3 (ii) in subsection (g)(4)(A), by strik4 ing ‘‘adjudicated as a mental defective,’’ 

5 and inserting ‘‘adjudicated as ineligible due 

6 to disqualifying mental status’’; and 

7 (iii) in subsection (s)(3)(B)(iv), by 

8 striking ‘‘adjudicated as a mental defec9 tive,’’ and inserting ‘‘adjudicated as ineli10 gible due to disqualifying mental status’’. 

11 (D) The NICS Improvement Amendments 

12 Act of 2007 (18 U.S.C. 922 note) is amended— 

13 (i) in section 3(2), by striking ‘‘adju14 dicated as a mental defective,’’ and insert15 ing ‘‘adjudicated as ineligible due to dis16 qualifying mental status’’; 

17 (ii) in section 101— 

18 (I) in subsection (b)(2)(C)(ii), by 

19 striking ‘‘adjudicated as a mental de20 fective,’’ and inserting ‘‘adjudicated as 

21 ineligible due to disqualifying mental 

22 status’’; 

23 (II) in subsection (c)(1)(C), by 

24 striking ‘‘adjudicated as a mental de25 fective,’’ and inserting ‘‘adjudicated as 


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1 ineligible due to disqualifying mental 

2 status’’; 

3 (III) in subsection (c)(3), in the 

4 matter preceding subparagraph (A), 

5 by striking ‘‘adjudicate a person as a 

6 mental defective,’’ and inserting ‘‘ad7 judicate a person as ineligible due to 

8 disqualifying mental status’’; and 

9 (IV) in subsection (c)(3)(A), by 

10 striking ‘‘adjudicate the person as a 

11 mental defective,’’ and inserting ‘‘ad12 judicate the person as ineligible due to 

13 disqualifying mental status’’; and 

14 (iii) in section 102— 

15 (I) in subsection (b)(1)(C)(iv), by 

16 striking ‘‘adjudicated as a mental de17 fective,’’ and inserting ‘‘adjudicated as 

18 ineligible due to disqualifying mental 

19 status’’; and 

20 (II) in subsection (c)(3), by strik21 ing ‘‘adjudicated as a mental defec22 tive,’’ and inserting ‘‘adjudicated as 

23 ineligible due to disqualifying mental 

24 status’’. 


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1 (2) REFERENCES.—For purposes of each provi2 sion amended by paragraph (1), a reference to a 

3 person adjudicated as ineligible due to disqualifying 

4 mental status shall be considered to refer to a per5 son adjudicated as a mental defective, as defined for 

6 that provision on the day before the date of enact7 ment of this Act. 

8 (3) REGULATIONS.—For purposes of regula9 tions issued to carry out a provision amended by 

10 paragraph (1)— 

11 (A) before the regulations are amended to 

12 carry out this subsection a reference in the reg13 ulations to a person adjudicated as a mental de14 fective shall be considered to be a reference to 

15 a person adjudicated as ineligible due to dis16 qualifying mental status; and 

17 (B) in amending the regulations to carry 

18 out this subsection, a Federal agency shall en19 sure that the regulations clearly state that per20 sons adjudicated as ineligible due to disquali21 fying mental status were formerly termed per22 sons adjudicated as a mental defective. 

23 (4) RULE OF CONSTRUCTION.—Nothing in this 

24 subsection shall be construed to alter or otherwise 

25 affect the definition of persons previously termed 


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1 ‘‘adjudicated as a mental defective’’ under provisions 

2 amended by paragraph (1). 

Æ 


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