I 

116TH CONGRESS 

1ST SESSION H. R. 3554 

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 

JUNE 27, 2019 

Mr. CICILLINE (for himself, Ms. WILSON of Florida, Mr. KHANNA, Ms. NORTON, Mrs. HAYES, Ms. SCHAKOWSKY, Ms. MUCARSEL-POWELL, Mr. 

DESAULNIER, Ms. GARCIA of Texas, Ms. KELLY of Illinois, Mr. NEGUSE, 

Mr. HASTINGS, Ms. MENG, Mr. CONNOLLY, Mr. SIRES, Mr. LARSON of 

Connecticut, Mr. LOWENTHAL, Ms. MOORE, and Ms. BROWNLEY of California) 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, 


kjohnson on DSK79L0C42 with BILLS
2 

•HR 3554 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘End Purchase of Fire3 arms by Dangerous Individuals Act of 2019’’. 

4 SEC. 2. STATE REPORTING SYSTEMS. 

5 (a) STATE REPORTING SYSTEMS AS CONDITION OF

6 RECEIVING FULL EDWARD BYRNE MEMORIAL JUSTICE

7 ASSISTANCE GRANTS AMOUNTS.— 

8 (1) IN GENERAL.—For each fiscal year begin9 ning with fiscal year 2019, a State shall— 

10 (A) establish a reporting system, in accord11 ance with guidelines provided pursuant to sec12 tion 4(a), through which mental health profes13 sionals may report to appropriate State enti14 ties— 

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

16 information described in such paragraph 

17 with respect to individuals described in 

18 such paragraph; 

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

20 information described in such paragraph 

21 with respect to individuals described in 

22 such paragraph; and 

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

24 information described in such paragraph 

25 with respect to individuals described in 

26 such paragraph; 


kjohnson on DSK79L0C42 with BILLS
3 

•HR 3554 IH

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

2 accordance with the guidelines provided pursu3 ant to section 4(b), relating to temporarily com4 mitting individuals involuntarily to, or holding 

5 individuals involuntarily at, mental health facili6 ties; 

7 (C) from the information collected by the 

8 State pursuant to subparagraph (A), make elec9 tronically available to the Attorney General 

10 records relevant to a determination of whether 

11 a person is disqualified from possessing or re12 ceiving a firearm under subsection (g)(4) of sec13 tion 922 of title 18, United States Code, or ap14 plicable State law; 

15 (D) upon notification under a subsequent 

16 paragraph of this section or subparagraph (G), 

17 or otherwise as specified under such paragraph 

18 or subparagraph, that the basis under which a 

19 record was made available under subparagraph 

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

21 as soon as practicable— 

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

23 as applicable, the record from any data24 base that the Federal or State government 

25 maintains and makes available to the NaVerDate Sep 11 2014 04:51 Jul 09, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3554.IH H3554

kjohnson on DSK79L0C42 with BILLS
4 

•HR 3554 IH

1 tional Instant Criminal Background Check 

2 System, consistent with the rules per3 taining to that database; and 

4 (ii) notify the Attorney General that 

5 such basis no longer applies so that the 

6 record system in which the record is main7 tained is kept up to date; 

8 (E) ensure that the information submitted 

9 to the reporting system pursuant to this sub10 section— 

11 (i) with respect to an individual de12 scribed in paragraph (3), is removed from 

13 such system on the date described in the 

14 second sentence of such paragraph; and 

15 (ii) with respect to an individual de16 scribed in paragraph (4), is removed from 

17 such system on the date described in the 

18 second sentence of such paragraph; 

19 (F) ensure that the reporting system es20 tablished under subparagraph (A) includes an 

21 appeals process comparable to such a process 

22 applied with respect to the National Instant 

23 Criminal Background Check System, including 

24 with respect to procedures for notifications of 

25 individuals with respect to whom information is 


kjohnson on DSK79L0C42 with BILLS
5 

•HR 3554 IH

1 submitted to the reporting system and an op2 portunity to review and appeal such submission; 

3 and 

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

5 (I) is disqualified from possessing or 

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

7 of section 922, of title 18, United States 

8 Code, or applicable State law pursuant to 

9 information reported through the reporting 

10 system established under subparagraph 

11 (A); and 

12 (II) at the time of inclusion of such 

13 information in such reporting system is 

14 under 18 years of age, 

15 is evaluated by a mental health professional by 

16 not later than the date the individual is 21 

17 years of age in order to determine if such indi18 vidual should remain so disqualified; and 

19 (ii) upon determination that such indi20 vidual should not remain so disqualified, notify 

21 the appropriate State entity that the informa22 tion so reported no longer applies for inclusion 

23 in the reporting system or any database or 

24 record described in subparagraph (D). 


kjohnson on DSK79L0C42 with BILLS
6 

•HR 3554 IH

1 (2) INDIVIDUALS TEMPORARILY COMMITTED ON

2 A VOLUNTARY BASIS.—For purposes of subsection 

3 (a)(1)(A)(i), in the case of an individual who is com4 mitted on a voluntary basis to a mental institution 

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

6 18, United States Code) in a State, the mental 

7 health professional who is primarily responsible for 

8 the individual’s treatment at such institution— 

9 (A) may report to the reporting system es10 tablished by the State under paragraph (1)(A) 

11 information with respect to such individual that 

12 is sufficient for inclusion in the National In13 stant Criminal Background Check System and 

14 consistent with Federal and State privacy laws 

15 if such mental health professional determines, 

16 in accordance with the guidelines provided pur17 suant to section 4(a) and with section 5(c), 

18 such individual is a danger to the individual or 

19 to others; and 

20 (B) upon discharge of such individual from 

21 such institution, shall notify the appropriate 

22 State entity that the information submitted 

23 under subparagraph (A) no longer applies for 

24 inclusion in the reporting system established 


kjohnson on DSK79L0C42 with BILLS
7 

•HR 3554 IH

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

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

3 (3) INDIVIDUALS TEMPORARILY COMMITTED OR

4 HELD ON AN INVOLUNTARY BASIS.—For purposes of 

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

6 who is temporarily committed or held on an involun7 tary basis, in accordance with a process described in 

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

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

10 States Code) in a State, the mental health profes11 sional who is primarily responsible for the individ12 ual’s treatment at such institution may report to the 

13 reporting system established by the State under 

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

15 date the individual is released from such institution, 

16 information with respect to such individual that is 

17 sufficient for inclusion in the National Instant 

18 Criminal Background Check System and consistent 

19 with Federal and State privacy laws if such mental 

20 health professional determines, in accordance with 

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

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

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

24 after the date of such release, for purposes of sub25 sections (a)(1)(D) and (b)(1), the appropriate State 


kjohnson on DSK79L0C42 with BILLS
8 

•HR 3554 IH

1 entity and the Attorney General shall be deemed to 

2 have been notified that the information submitted 

3 under the previous sentence no longer applies for in4 clusion in the reporting system established under 

5 paragraph (1)(A) or any database or record de6 scribed in paragraph (1)(D). 

7 (4) INDIVIDUALS MAKING SPECIFIC THREAT TO

8 MENTAL HEALTH PROFESSIONAL.—For purposes of 

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

10 who communicates to a mental health professional a 

11 serious threat, as determined by the professional in 

12 accordance with the guidance provided pursuant to 

13 section 4(a), of physical violence against another in14 dividual who is reasonably identifiable, the mental 

15 health professional may report to the reporting sys16 tem established by the State under paragraph 

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

18 such communication, information with respect to 

19 such individual that is sufficient for inclusion in the 

20 National Instant Criminal Background Check Sys21 tem and consistent with Federal and State privacy 

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

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

24 and (b)(1), the appropriate State entity and the At25 torney General shall be deemed to have been notified 


kjohnson on DSK79L0C42 with BILLS
9 

•HR 3554 IH

1 that the information submitted under the previous 

2 sentence no longer applies for inclusion in the re3 porting system established under paragraph (1)(A) 

4 or any database or record described in paragraph 

5 (1)(D). 

6 (b) NATIONAL INSTANT CRIMINAL BACKGROUND

7 CHECK SYSTEM UPDATES REQUIRED.— 

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

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

10 shall ensure that the record in the National Instant 

11 Criminal Background Check System is updated, cor12 rected, modified, or removed within 30 days of re13 ceipt. 

14 (2) SPECIFIC INFORMATION REMOVED FROM

15 RECORD.—The Attorney General shall ensure that 

16 the information submitted to the National Instant 

17 Criminal Background Check System pursuant to 

18 subsection (a)— 

19 (A) with respect to an individual described 

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

21 from such system on the date described in the 

22 second sentence of such paragraph; and 

23 (B) with respect to an individual described 

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


kjohnson on DSK79L0C42 with BILLS
10 

•HR 3554 IH

1 from such system on the date described in the 

2 second sentence of such paragraph. 

3 (c) ENFORCEMENT.— 

4 (1) ATTORNEY GENERAL REPORT.— 

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

6 31 of each year, the Attorney General shall sub7 mit to the Committee on the Judiciary of the 

8 Senate and the Committee on the Judiciary of 

9 the House of Representatives a report on the 

10 progress of the States in implementing and 

11 maintaining the reporting system described in 

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

13 process described in subparagraph (B) of such 

14 subsection, and in providing that information 

15 pursuant to the requirements of subparagraphs 

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

17 (B) AUTHORIZATION OF APPROPRIA18 TIONS.—There are authorized to be appro19 priated to the Department of Justice, such 

20 funds as may be necessary to carry out sub21 paragraph (A). 

22 (2) PENALTIES.— 

23 (A) DISCRETIONARY REDUCTION.— 

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

25 period beginning 3 years after the date of 


kjohnson on DSK79L0C42 with BILLS
11 

•HR 3554 IH

1 enactment of this Act, the Attorney Gen2 eral may withhold not more than 3 percent 

3 of the amount that would otherwise be al4 located to a State for such year under sec5 tion 505 of the Omnibus Crime Control 

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

7 3755) if the State is not in compliance 

8 with each requirement under subsection 

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

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

11 period after the expiration of the period re12 ferred to in clause (i), the Attorney Gen13 eral may withhold not more than 4 percent 

14 of the amount that would otherwise be al15 located to a State for such year under sec16 tion 505 of the Omnibus Crime Control 

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

18 3755) if the State is not in compliance 

19 with each requirement under subsection 

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

21 (B) MANDATORY REDUCTION.—For each 

22 year after the expiration of the periods referred 

23 to in subparagraph (A), the Attorney General 

24 shall withhold 5 percent of the amount that 

25 would otherwise be allocated to a State for such 


kjohnson on DSK79L0C42 with BILLS
12 

•HR 3554 IH

1 year under section 505 of the Omnibus Crime 

2 Control and Safe Streets Act of 1968 (42 

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

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

5 with respect to such year. 

6 (C) WAIVER BY ATTORNEY GENERAL.— 

7 The Attorney General may waive the applica8 bility of subparagraph (B) to a State with re9 spect to the requirements described in subpara10 graphs (A), (B), and (C) of subsection (a)(1) if 

11 the State provides substantial evidence, as de12 termined by the Attorney General, that the 

13 State is making a reasonable effort to comply 

14 with such requirements. 

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

16 allocated under section 505 of the Omnibus Crime 

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

18 3755) to a State pursuant to paragraph (2) because 

19 of the failure of the State to comply with the re20 quirements of subsection (a)(1) shall be reallocated 

21 under such section to States that meet such require22 ments. 


kjohnson on DSK79L0C42 with BILLS
13 

•HR 3554 IH

1 SEC. 3. ADDITIONAL FIREARMS PROHIBITIONS TO FED2 ERAL NICS SYSTEM BASED ON STATE RE3 PORTING SYSTEMS. 

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

5 amended— 

6 (1) in subsection (d)— 

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

8 follows: 

9 ‘‘(4) has been— 

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

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

12 and— 

13 ‘‘(i) in the case of a voluntary com14 mitment— 

15 ‘‘(I) has been determined by a 

16 mental health professional, in accord17 ance with section 5(c) of the End 

18 Purchase of Firearms by Dangerous 

19 Individuals Act of 2019, to present a 

20 danger to others; and 

21 ‘‘(II) is serving a period of com22 mitment at such institution; 

23 ‘‘(ii) in the case of a temporary invol24 untary commitment or hold through a 

25 process established pursuant to section 

26 2(a)(1)(B) of the End Purchase of FireVerDate Sep 11 2014 04:51 Jul 09, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H3554.IH H3554

kjohnson on DSK79L0C42 with BILLS
14 

•HR 3554 IH

1 arms by Dangerous Individuals Act of 

2 2019— 

3 ‘‘(I) has been determined by a 

4 mental health professional, in accord5 ance with section 5(c) of the End 

6 Purchase of Firearms by Dangerous 

7 Individuals Act of 2019, to present a 

8 danger to others; and 

9 ‘‘(II) is serving a period of com10 mitment at such institution, or has 

11 been released from such institution 

12 for a period of less than 5 years; or 

13 ‘‘(iii) in the case of a formal commit14 ment by a court, board, commission, or 

15 other lawful authority, is serving a period 

16 of commitment at such institution, or has 

17 been released from such institution;’’; 

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

19 the end; 

20 (C) in paragraph (9), by striking the pe21 riod at the end and inserting ‘‘; or’’; and 

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

23 following new paragraph: 

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

25 communicated to a mental health professional a seriVerDate Sep 11 2014 04:51 Jul 09, 2019 Jkt 089200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H3554.IH H3554

kjohnson on DSK79L0C42 with BILLS
15 

•HR 3554 IH

1 ous threat to commit an act of physical violence 

2 against another identifiable person.’’; and 

3 (2) in subsection (g)— 

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

5 follows: 

6 ‘‘(4) who has been— 

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

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

9 and— 

10 ‘‘(i) in the case of a voluntary com11 mitment— 

12 ‘‘(I) has been determined by a 

13 mental health professional, in accord14 ance with section 5(c) of the End 

15 Purchase of Firearms by Dangerous 

16 Individuals Act of 2019, to present a 

17 danger to others; and 

18 ‘‘(II) is serving a period of com19 mitment at such institution; 

20 ‘‘(ii) in the case of a temporary invol21 untary commitment or hold through a 

22 process established pursuant to section 

23 2(a)(1)(B) of the End Purchase of Fire24 arms by Dangerous Individuals Act of 

25 2019— 


kjohnson on DSK79L0C42 with BILLS
16 

•HR 3554 IH

1 ‘‘(I) has been determined by a 

2 mental health professional, in accord3 ance with section 5(c) of the End 

4 Purchase of Firearms by Dangerous 

5 Individuals Act of 2019, to present a 

6 danger to others; and 

7 ‘‘(II) is serving a period of com8 mitment at such institution, or has 

9 been released from such institution 

10 for a period of less than 5 years; or 

11 ‘‘(iii) in the case of a formal commit12 ment by a court, board, commission, or 

13 other lawful authority, is serving a period 

14 of commitment at such institution, or has 

15 been released from such institution;’’; 

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

17 the end; 

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

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

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

21 following new paragraph: 

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

23 health professional a serious threat to commit an act 

24 of physical violence against another identifiable perVerDate Sep 11 2014 04:51 Jul 09, 2019 Jkt 089200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H3554.IH H3554

kjohnson on DSK79L0C42 with BILLS
17 

•HR 3554 IH

1 son, for a period of 6 months after making such a 

2 threat,’’. 

3 SEC. 4. GUIDELINES. 

4 (a) GENERAL GUIDELINES FOR STATE REPORTING

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

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

7 Human Services shall, pursuant to rulemaking and in ac8 cordance with subsection (d), establish guidelines for 

9 States and mental health professionals, with respect to es10 tablishing reporting systems under section 2(a)(1)— 

11 (1) to ensure determinations described in para12 graphs (2) and (3) of section 2(a) of dangerousness 

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

14 serious threat for purposes of reporting information 

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

16 (2) to ensure that only individuals qualified to 

17 make such determinations are permitted to do so; 

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

19 point during the detention of such individual at a 

20 mental health institution on the basis of a voluntary 

21 or involuntary commitment to contest the legality of 

22 such commitment or determination of dangerousness 

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

24 (4) to ensure all reporting to law enforcement 

25 officials, State-based databases, and National InVerDate Sep 11 2014 04:51 Jul 09, 2019 Jkt 089200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H3554.IH H3554

kjohnson on DSK79L0C42 with BILLS
18 

•HR 3554 IH

1 stant Criminal Background Check System are com2 pliant with applicable Federal and State privacy and 

3 security protections and standards; 

4 (5) to recommend the process by which quali5 fied professionals should assess an individual to de6 termine dangerousness for purposes described in sec7 tion 2; and 

8 (6) for any other purpose deemed necessary by 

9 the Secretary. 

10 (b) TEMPORARY INVOLUNTARY COMMITMENT OR

11 HOLD PROCESS GUIDELINES.—Not later than 16 months 

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

13 of Health and Human Services shall, pursuant to rule14 making and in accordance with subsection (d), establish 

15 guidelines for States to establish a process for temporarily 

16 committing or holding individuals on an involuntary basis 

17 to mental health institutions. Such guidelines shall ad18 dress at least the following: 

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

20 determination that an individual shall be temporarily 

21 involuntarily committed or held is assessed by more 

22 than one qualified mental health professional. 

23 (2) QUALIFIED PROFESSIONALS.—Guidelines to 

24 determine which mental health professionals are 


kjohnson on DSK79L0C42 with BILLS
19 

•HR 3554 IH

1 qualified to handle the responsibilities provided such 

2 professionals under section 2. 

3 (3) RECOMMENDATIONS IN ASSESSING PA4 TIENTS.—Guidelines recommending the process by 

5 which qualified professionals should assess an indi6 vidual to determine dangerousness for purposes de7 scribed in section 2. 

8 (4) TREATMENTS.— 

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

10 individual designated to be temporarily involun11 tary committed or held and who is receiving 

12 medication as a result of the mental illness of 

13 such individual must be advised about the prob14 able effects and possible side effects of the 

15 medication. 

16 (B) INFORMATION ON MEDICATION.— 

17 Guidelines for requiring the following informa18 tion related to medications to be given to such 

19 an individual: 

20 (i) The nature of the mental illness or 

21 behavior that is the reason the medication 

22 is being given or recommended. 

23 (ii) The likelihood of such mental ill24 ness or behavior improving or not improv25 ing without the medication. 


kjohnson on DSK79L0C42 with BILLS
20 

•HR 3554 IH

1 (iii) Reasonable alternative treatments 

2 available. 

3 (iv) The name and type, frequency 

4 amount, and method of dispensing the 

5 medication, and the probable length of 

6 time the medication will be taken. 

7 (5) ASSESSMENT.—Guidelines related to the 

8 process of assessing an individual for a temporary 

9 involuntary commitment or hold, which shall incor10 porate the following requirements: 

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

12 an individual to a mental health facility pursu13 ant to such commitment, the qualified mental 

14 health professional in charge of the facility or 

15 designee of such professional shall assess the 

16 individual with a face to face assessment to de17 termine the appropriateness of the temporary 

18 involuntary detention or hold. 

19 (B) VERIFICATION FROM SECOND PROFES20 SIONAL.—A second mental health professional 

21 shall independently verify the appropriateness 

22 of the temporary involuntary detention or hold. 

23 (6) ADVISEMENT.—Guidelines related to advis24 ing such an individual orally and in written form 

25 during the following steps in the process of the indiVerDate Sep 11 2014 04:51 Jul 09, 2019 Jkt 089200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H3554.IH H3554

kjohnson on DSK79L0C42 with BILLS
21 

•HR 3554 IH

1 vidual being temporarily involuntarily committed or 

2 held: 

3 (A) TRANSPORT.—After an initial deten4 tion by a qualified professional (as defined by 

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

6 an oral advisement containing critical informa7 tion as determined by the Secretary must be 

8 given to the individual being transported to a 

9 facility for an assessment. 

10 (B) UPON ADMISSION.—Upon admission, 

11 after a determination of dangerousness by a 

12 qualified professional, an oral advisement by a 

13 mental health professional containing critical 

14 information as determined by the Secretary 

15 must be given to the individual. 

16 (7) ADDITIONAL GUIDELINES.—Any other 

17 guidelines deemed necessary by the Secretary for 

18 purposes of this Act. 

19 (c) CERTIFICATION PROCESS.—The Secretary of 

20 Health and Human Services shall establish a process for 

21 certifying that States are in compliance with the guide22 lines described in subsections (a) and (b) for purposes of 

23 establishing the compliance of such States under section 

24 2(c). 


kjohnson on DSK79L0C42 with BILLS
22 

•HR 3554 IH

1 (d) CONSULTATION WITH STAKEHOLDERS.—In es2 tablishing guidelines described in paragraphs (1), (2), and 

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

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

5 Services shall consult with relevant mental health profes6 sional organizations and stakeholders, such as the Amer7 ican Psychological Association and the American Psy8 chiatric Association. 

9 SEC. 5. MISCELLANEOUS. 

10 (a) INDIVIDUALS TEMPORARILY INVOLUNTARILY

11 COMMITTED OR HELD TO BE TREATED AS DISTINCT

12 FROM OTHERS WHO ARE INVOLUNTARILY COM13 MITTED.—For purposes of the National Instant Criminal 

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

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

16 who are temporarily involuntarily committed or held under 

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

18 been certified under section 4(c) shall be treated as a sepa19 rate and distinct population from individuals who are in20 voluntarily committed through a judicial process. 

21 (b) LIMITING LIABILITY FOR MENTAL HEALTH PRO22 FESSIONALS.—Any mental health professional who does 

23 not report under a reporting system established under sec24 tion 2(a)(1), in accordance with guidelines established 

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


kjohnson on DSK79L0C42 with BILLS
23 

•HR 3554 IH

1 (2), (3), or (4) of section 2(a), with respect to an indi2 vidual described in such respective paragraph, shall not 

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

4 for any damages resulting from such failure to report such 

5 information. 

6 (c) DETERMINATION OF DANGEROUSNESS.—For 

7 purposes of this Act, a determination of dangerousness, 

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

9 presence of either— 

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

11 individual as manifested by evidence of, threats of, 

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

13 (2) a substantial risk of physical harm to an14 other individual as manifested by evidence of homi15 cidal or other violent behavior or evidence that such 

16 other individual is placed in reasonable fear of vio17 lent behavior and physical harm to such other indi18 vidual. 

19 (d) STUDY ON EXISTING STATE STATUTES.— 

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

21 Human Services (in this subsection referred to as 

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

23 the Institute of Medicine (or if the Institute declines 

24 to enter into such an agreement, another appro25 priate entity) to conduct a comprehensive study on 


kjohnson on DSK79L0C42 with BILLS
24 

•HR 3554 IH

1 State statutes, enacted before the date of the enact2 ment of this Act, that require mental health profes3 sionals to directly report certain individuals into 

4 State firearm prohibition databases. 

5 (2) CONSIDERATIONS.—The study under para6 graph (1) shall include consideration of the fol7 lowing: 

8 (A) How the State statutes described in 

9 such paragraph impact the quality of care pro10 vided by mental health professionals to patients. 

11 (B) How such State statutes impact a pa12 tient’s decision to access mental health treat13 ment. 

14 (C) The effectiveness of such State stat15 utes as interventions for preventing firearm-re16 lated violence. 

17 (D) Any other relevant considerations, as 

18 determined by the Institute of Medicine (or, if 

19 applicable, the other appropriate entity de20 scribed in paragraph (1)). 

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

22 not later than 12 months after the date of enact23 ment of this Act— 

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

25 completed; and 


kjohnson on DSK79L0C42 with BILLS
25 

•HR 3554 IH

1 (B) a report on the finding and conclusions 

2 of such study is submitted to the Congress. 

3 (e) AMENDING REFERENCES FROM PERSONS ADJU4 DICATED AS A MENTAL DEFECTIVE TO INELIGIBLE DUE

5 TO DISQUALIFYING MENTAL STATUS.— 

6 (1) IN GENERAL.— 

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

8 United States Code, is amended by striking 

9 ‘‘adjudicated as a mental defective,’’ and insert10 ing ‘‘adjudicated as ineligible due to disquali11 fying mental status’’. 

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

13 Code, is amended— 

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

15 ‘‘adjudicated a mental defective,’’ and in16 serting ‘‘adjudicated as ineligible due to 

17 disqualifying mental status’’; and 

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

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

20 inserting ‘‘adjudicated as ineligible due to 

21 disqualifying mental status’’. 

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

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

24 amended— 


kjohnson on DSK79L0C42 with BILLS
26 

•HR 3554 IH

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

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

3 inserting ‘‘adjudicated as ineligible due to 

4 disqualifying mental status’’; 

5 (ii) in subsection (g)(4)(A), by strik6 ing ‘‘adjudicated as a mental defective,’’ 

7 and inserting ‘‘adjudicated as ineligible due 

8 to disqualifying mental status’’; and 

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

10 striking ‘‘adjudicated as a mental defec11 tive,’’ and inserting ‘‘adjudicated as ineli12 gible due to disqualifying mental status’’. 

13 (D) The NICS Improvement Amendments 

14 Act of 2007 (34 U.S.C. 40902 et seq.) is 

15 amended— 

16 (i) in section 3(2), by striking ‘‘adju17 dicated as a mental defective,’’ and insert18 ing ‘‘adjudicated as ineligible due to dis19 qualifying mental status’’; 

20 (ii) in section 101— 

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

22 striking ‘‘adjudicated as a mental de23 fective,’’ and inserting ‘‘adjudicated as 

24 ineligible due to disqualifying mental 

25 status’’; 


kjohnson on DSK79L0C42 with BILLS
27 

•HR 3554 IH

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

2 striking ‘‘adjudicated as a mental de3 fective,’’ and inserting ‘‘adjudicated as 

4 ineligible due to disqualifying mental 

5 status’’; 

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

7 matter preceding subparagraph (A), 

8 by striking ‘‘adjudicate a person as a 

9 mental defective,’’ and inserting ‘‘ad10 judicate a person as ineligible due to 

11 disqualifying mental status’’; and 

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

13 striking ‘‘adjudicate the person as a 

14 mental defective,’’ and inserting ‘‘ad15 judicate the person as ineligible due to 

16 disqualifying mental status’’; and 

17 (iii) in section 102— 

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

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

21 ineligible due to disqualifying mental 

22 status’’; and 

23 (II) in subsection (c)(3)— 

24 (aa) in the heading, by 

25 striking ‘‘ADJUDICATED AS A


kjohnson on DSK79L0C42 with BILLS
28 

•HR 3554 IH

1 MENTAL DEFECTIVE’’ and insert2 ing ‘‘ADJUDICATED AS INELI3 GIBLE DUE TO DISQUALIFYING

4 MENTAL STATUS’’; and 

5 (bb) by striking ‘‘adju6 dicated as a mental defective,’’ 

7 and inserting ‘‘adjudicated as in8 eligible due to disqualifying men9 tal status’’. 

10 (2) REFERENCES.—For purposes of each provi11 sion amended by paragraph (1), a reference to a 

12 person adjudicated as ineligible due to disqualifying 

13 mental status shall be considered to refer to a per14 son adjudicated as a mental defective, as defined for 

15 that provision on the day before the date of enact16 ment of this Act. 

17 (3) REGULATIONS.—For purposes of regula18 tions issued to carry out a provision amended by 

19 paragraph (1)— 

20 (A) before the regulations are amended to 

21 carry out this subsection a reference in the reg22 ulations to a person adjudicated as a mental de23 fective shall be considered to be a reference to 

24 a person adjudicated as ineligible due to dis25 qualifying mental status; and 


kjohnson on DSK79L0C42 with BILLS
29 

•HR 3554 IH

1 (B) in amending the regulations to carry 

2 out this subsection, a Federal agency shall en3 sure that the regulations clearly state that per4 sons adjudicated as ineligible due to disquali5 fying mental status were formerly termed per6 sons adjudicated as a mental defective. 

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

8 subsection shall be construed to alter or otherwise 

9 affect the definition of persons previously termed 

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

11 amended by paragraph (1). 

Æ 


kjohnson on DSK79L0C42 with BILLS