sional organizations and stakeholders, such as the Amer-
ican Psychological Association and the American Psy-
chiatric Association. 
SEC. 5. MISCELLANEOUS. 
(a) INDIVIDUALS
TEMPORARILY
INVOLUNTARILY 
COMMITTED OR HELD TO BE TREATED AS DISTINCT 
FROM
OTHERS
WHO
ARE
INVOLUNTARILY
COM-
MITTED.—For purposes of the National Instant Criminal 
Background Check System, the provisions of this Act, and 
section 922 of title 18, United States Code, individuals 
who are temporarily involuntarily committed or held under 
a State-level process with respect to which the State has 
been certified under section 4(c) shall be treated as a sepa-
rate and distinct population from individuals who are in-
voluntarily committed through a judicial process. 
(b) LIMITING LIABILITY FOR MENTAL HEALTH PRO-
FESSIONALS.—Any mental health professional who does 
not report under a reporting system established under sec-
tion 2(a)(1), in accordance with guidelines established 
under section 4(a), information described in paragraph 
(2), (3), or (4) of section 2(a), with respect to an indi-
vidual described in such respective paragraph, shall not 
be held liable in any civil action in State or Federal court 
for any damages resulting from such failure to report such 
information. 
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(c) DETERMINATION
OF
DANGEROUSNESS.—For 
purposes of this Act, a determination of dangerousness, 
with respect to an individual, shall be predicated on the 
presence of either— 
(1) a substantial risk of physical harm to the 
individual as manifested by evidence of, threats of, 
or attempts at, suicide or serious bodily harm; or 
(2) a substantial risk of physical harm to an-
other individual as manifested by evidence of homi-
cidal or other violent behavior or evidence that such 
other individual is placed in reasonable fear of vio-
lent behavior and physical harm to such other indi-
vidual. 
(d) STUDY ON EXISTING STATE STATUTES.— 
(1) STUDY.—The Secretary of Health and 
Human Services (in this subsection referred to as 
the ‘‘Secretary’’) shall enter into an agreement with 
the Institute of Medicine (or if the Institute declines 
to enter into such an agreement, another appro-
priate entity) to conduct a comprehensive study on 
State statutes, enacted before the date of the enact-
ment of this Act, that require mental health profes-
sionals to directly report certain individuals into 
State firearm prohibition databases. 
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(2) CONSIDERATIONS.—The study under para-
graph (1) shall include consideration of the fol-
lowing: 
(A) How the State statutes described in 
such paragraph impact the quality of care pro-
vided by mental health professionals to patients. 
(B) How such State statutes impact a pa-
tient’s decision to access mental health treat-
ment. 
(C) The effectiveness of such State stat-
utes as interventions for preventing firearm-re-
lated violence. 
(D) Any other relevant considerations, as 
determined by the Institute of Medicine (or, if 
applicable, the other appropriate entity de-
scribed in paragraph (1)). 
(3) REPORT.—The Secretary shall ensure that, 
not later than 12 months after the date of enact-
ment of this Act— 
(A) the study under subparagraph (1) is 
completed; and 
(B) a report on the finding and conclusions 
of such study is submitted to the Congress. 
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(e) AMENDING REFERENCES FROM PERSONS ADJU-
DICATED AS A MENTAL DEFECTIVE TO INELIGIBLE DUE 
TO DISQUALIFYING MENTAL STATUS.— 
(1) IN GENERAL.— 
(A) Section 175b(d)(2)(F) of title 18, 
United States Code, is amended by striking 
‘‘adjudicated as a mental defective,’’ and insert-
ing ‘‘adjudicated as ineligible due to disquali-
fying mental status’’. 
(B) Section 842 of title 18, United States 
Code, is amended— 
(i) in subsection (d)(6), by striking 
‘‘adjudicated a mental defective,’’ and in-
serting ‘‘adjudicated as ineligible due to 
disqualifying mental status’’; and 
(ii) in subsection (i)(4), by striking 
‘‘adjudicated as a mental defective,’’ and 
inserting ‘‘adjudicated as ineligible due to 
disqualifying mental status’’. 
(C) Section 922 of title 18, United States 
Code, as amended by section 3 of this Act, is 
amended— 
(i) in subsection (d)(4)(A), by striking 
‘‘adjudicated as a mental defective,’’ and 
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inserting ‘‘adjudicated as ineligible due to 
disqualifying mental status’’; 
(ii) in subsection (g)(4)(A), by strik-
ing ‘‘adjudicated as a mental defective,’’ 
and inserting ‘‘adjudicated as ineligible due 
to disqualifying mental status’’; and 
(iii) in subsection (s)(3)(B)(iv), by 
striking ‘‘adjudicated as a mental defec-
tive,’’ and inserting ‘‘adjudicated as ineli-
gible due to disqualifying mental status’’. 
(D) The NICS Improvement Amendments 
Act of 2007 (18 U.S.C. 922 note) is amended— 
(i) in section 3(2), by striking ‘‘adju-
dicated as a mental defective,’’ and insert-
ing ‘‘adjudicated as ineligible due to dis-
qualifying mental status’’; 
(ii) in section 101— 
(I) in subsection (b)(2)(C)(ii), by 
striking ‘‘adjudicated as a mental de-
fective,’’ and inserting ‘‘adjudicated as 
ineligible due to disqualifying mental 
status’’; 
(II) in subsection (c)(1)(C), by 
striking ‘‘adjudicated as a mental de-
fective,’’ and inserting ‘‘adjudicated as 
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ineligible due to disqualifying mental 
status’’; 
(III) in subsection (c)(3), in the 
matter preceding subparagraph (A), 
by striking ‘‘adjudicate a person as a 
mental defective,’’ and inserting ‘‘ad-
judicate a person as ineligible due to 
disqualifying mental status’’; and 
(IV) in subsection (c)(3)(A), by 
striking ‘‘adjudicate the person as a 
mental defective,’’ and inserting ‘‘ad-
judicate the person as ineligible due to 
disqualifying mental status’’; and 
(iii) in section 102— 
(I) in subsection (b)(1)(C)(iv), by 
striking ‘‘adjudicated as a mental de-
fective,’’ and inserting ‘‘adjudicated as 
ineligible due to disqualifying mental 
status’’; and 
(II) in subsection (c)(3), by strik-
ing ‘‘adjudicated as a mental defec-
tive,’’ and inserting ‘‘adjudicated as 
ineligible due to disqualifying mental 
status’’. 
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(2) REFERENCES.—For purposes of each provi-
sion amended by paragraph (1), a reference to a 
person adjudicated as ineligible due to disqualifying 
mental status shall be considered to refer to a per-
son adjudicated as a mental defective, as defined for 
that provision on the day before the date of enact-
ment of this Act. 
(3) REGULATIONS.—For purposes of regula-
tions issued to carry out a provision amended by 
paragraph (1)— 
(A) before the regulations are amended to 
carry out this subsection a reference in the reg-
ulations to a person adjudicated as a mental de-
fective shall be considered to be a reference to 
a person adjudicated as ineligible due to dis-
qualifying mental status; and 
(B) in amending the regulations to carry 
out this subsection, a Federal agency shall en-
sure that the regulations clearly state that per-
sons adjudicated as ineligible due to disquali-
fying mental status were formerly termed per-
sons adjudicated as a mental defective. 
(4) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed to alter or otherwise 
affect the definition of persons previously termed 
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‘‘adjudicated as a mental defective’’ under provisions 
amended by paragraph (1). 
Æ 
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