(A) IN GENERAL.—Not later than January 
31 of each year, the Attorney General shall sub-
mit to the Committee on the Judiciary of the 
Senate and the Committee on the Judiciary of 
the House of Representatives a report on the 
progress of the States in implementing and 
maintaining the reporting system described in 
subparagraph (A) of subsection (a)(1) and 
process described in subparagraph (B) of such 
subsection, and in providing that information 
pursuant to the requirements of subparagraphs 
(C) and (D) of such subsection. 
(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated to the Department of Justice, such 
funds as may be necessary to carry out sub-
paragraph (A). 
(2) PENALTIES.— 
(A) DISCRETIONARY REDUCTION.— 
(i) For each year during the 2-year 
period beginning 3 years after the date of 
enactment of this Act, the Attorney Gen-
eral may withhold not more than 3 percent 
of the amount that would otherwise be al-
located to a State for such year under sec-
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tion 505 of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 
3755) if the State is not in compliance 
with each requirement under subsection 
(a)(1) with respect to such year. 
(ii) For each year during the 5-year 
period after the expiration of the period re-
ferred to in clause (i), the Attorney Gen-
eral may withhold not more than 4 percent 
of the amount that would otherwise be al-
located to a State for such year under sec-
tion 505 of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 
3755) if the State is not in compliance 
with each requirement under subsection 
(a)(1) with respect to such year. 
(B) MANDATORY
REDUCTION.—For each 
year after the expiration of the periods referred 
to in subparagraph (A), the Attorney General 
shall withhold 5 percent of the amount that 
would otherwise be allocated to a State for such 
year under section 505 of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 
U.S.C. 3755), if the State is not in compliance 
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with each requirement under subsection (a)(1) 
with respect to such year. 
(C) WAIVER
BY
ATTORNEY
GENERAL.— 
The Attorney General may waive the applica-
bility of subparagraph (B) to a State with re-
spect to the requirements described in subpara-
graphs (A), (B), and (C) of subsection (a)(1) if 
the State provides substantial evidence, as de-
termined by the Attorney General, that the 
State is making a reasonable effort to comply 
with such requirements. 
(3) REALLOCATION.—Any funds that are not 
allocated under section 505 of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 
3755) to a State pursuant to paragraph (2) because 
of the failure of the State to comply with the re-
quirements of subsection (a)(1) shall be reallocated 
under such section to States that meet such require-
ments. 
SEC. 3. ADDITIONAL FIREARMS PROHIBITIONS TO FED-
ERAL NICS SYSTEM BASED ON STATE RE-
PORTING SYSTEMS. 
Section 992 of title 18, United States Code, is 
amended— 
(1) in subsection (d)— 
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(A) by amending paragraph (4) to read as 
follows: 
‘‘(4) has been— 
‘‘(A) adjudicated as a mental defective; or 
‘‘(B) committed to any mental institution, 
and— 
‘‘(i) in the case of a voluntary com-
mitment— 
‘‘(I) has been determined by a 
mental health professional, in accord-
ance with section 5(c) of the End 
Purchase of Firearms by Dangerous 
Individuals Act of 2015, to present a 
danger to others; and 
‘‘(II) is serving a period of com-
mitment at such institution; 
‘‘(ii) in the case of a temporary invol-
untary commitment or hold through a 
process established pursuant to section 
2(a)(1)(B) of the End Purchase of Fire-
arms by Dangerous Individuals Act of 
2015— 
‘‘(I) has been determined by a 
mental health professional, in accord-
ance with section 5(c) of the End 
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Purchase of Firearms by Dangerous 
Individuals Act of 2015, to present a 
danger to others; and 
‘‘(II) is serving a period of com-
mitment at such institution, or has 
been released from such institution 
for a period of less than 5 years; or 
‘‘(iii) in the case of a formal commit-
ment by a court, board, commission, or 
other lawful authority, is serving a period 
of commitment at such institution, or has 
been released from such institution;’’; 
(B) in paragraph (8), by striking ‘‘or’’ at 
the end; 
(C) in paragraph (9), by striking the pe-
riod at the end and inserting ‘‘; or’’; and 
(D) by inserting after paragraph (9), the 
following new paragraph: 
‘‘(10) during the prior 6-month period, has 
communicated to a mental health professional a seri-
ous threat to commit an act of physical violence 
against another identifiable person.’’; and 
(2) in subsection (g)— 
(A) by amending paragraph (4) to read as 
follows: 
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‘‘(4) who has been— 
‘‘(A) adjudicated as a mental defective; or 
‘‘(B) committed to any mental institution, 
and— 
‘‘(i) in the case of a voluntary com-
mitment— 
‘‘(I) has been determined by a 
mental health professional, in accord-
ance with section 5(c) of the End 
Purchase of Firearms by Dangerous 
Individuals Act of 2015, to present a 
danger to others; and 
‘‘(II) is serving a period of com-
mitment at such institution; 
‘‘(ii) in the case of a temporary invol-
untary commitment or hold through a 
process established pursuant to section 
2(a)(1)(B) of the End Purchase of Fire-
arms by Dangerous Individuals Act of 
2015— 
‘‘(I) has been determined by a 
mental health professional, in accord-
ance with section 5(c) of the End 
Purchase of Firearms by Dangerous 
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Individuals Act of 2015, to present a 
danger to others; and 
‘‘(II) is serving a period of com-
mitment at such institution, or has 
been released from such institution 
for a period of less than 5 years; or 
‘‘(iii) in the case of a formal commit-
ment by a court, board, commission, or 
other lawful authority, is serving a period 
of commitment at such institution, or has 
been released from such institution;’’; 
(B) in paragraph (8), by striking ‘‘or’’ at 
the end; 
(C) in paragraph (9), by striking the 
comma at the end and inserting ‘‘; or’’; and 
(D) by inserting after paragraph (9), the 
following new paragraph: 
‘‘(10) who has communicated to a mental 
health professional a serious threat to commit an act 
of physical violence against another identifiable per-
son, for a period of 6 months after making such a 
threat,’’. 
SEC. 4. GUIDELINES. 
(a) GENERAL GUIDELINES FOR STATE REPORTING 
SYSTEMS.—Not later than 16 months after the date of 
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the enactment of this Act, the Secretary of Health and 
Human Services shall, pursuant to rulemaking and in ac-
cordance with subsection (d), establish guidelines for 
States and mental health professionals, with respect to es-
tablishing reporting systems under section 2(a)(1)— 
(1) to ensure determinations described in para-
graphs (2) and (3) of section 2(a) of dangerousness 
and determinations described in section 2(a)(4) of 
serious threat for purposes of reporting information 
under section 2(a)(1) are administered properly; 
(2) to ensure that only individuals qualified to 
make such determinations are permitted to do so; 
(3) to ensure an individual has recourse at any 
point during the detention of such individual at a 
mental health institution on the basis of a voluntary 
or involuntary commitment to contest the legality of 
such commitment or determination of dangerousness 
by means of a ‘‘habeas corpus’’ or writ hearing; 
(4) to ensure all reporting to law enforcement 
officials, State-based databases, and National In-
stant Criminal Background Check System are com-
pliant with applicable Federal and State privacy and 
security protections and standards; 
(5) to recommend the process by which quali-
fied professionals should assess an individual to de-
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termine dangerousness for purposes described in sec-
tion 2; and 
(6) for any other purpose deemed necessary by 
the Secretary. 
(b) TEMPORARY INVOLUNTARY COMMITMENT
OR 
HOLD PROCESS GUIDELINES.—Not later than 16 months 
after the date of the enactment of this Act, the Secretary 
of Health and Human Services shall, pursuant to rule-
making and in accordance with subsection (d), establish 
guidelines for States to establish a process for temporarily 
committing or holding individuals on an involuntary basis 
to mental health institutions. Such guidelines shall ad-
dress at least the following: 
(1) DUE PROCESS.—Guidelines to ensure any 
determination that an individual shall be temporarily 
involuntarily committed or held is assessed by more 
than one qualified mental health professional. 
(2) QUALIFIED PROFESSIONALS.—Guidelines to 
determine which mental health professionals are 
qualified to handle the responsibilities provided such 
professionals under section 2. 
(3) RECOMMENDATIONS
IN
ASSESSING
PA-
TIENTS.—Guidelines recommending the process by 
which qualified professionals should assess an indi-
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vidual to determine dangerousness for purposes de-
scribed in section 2. 
(4) TREATMENTS.— 
(A) IN GENERAL.—Guidelines for how any 
individual designated to be temporarily involun-
tary committed or held and who is receiving 
medication as a result of the mental illness of 
such individual must be advised about the prob-
able effects and possible side effects of the 
medication. 
(B) 
INFORMATION
ON
MEDICATION.— 
Guidelines for requiring the following informa-
tion related to medications to be given to such 
an individual: 
(i) The nature of the mental illness or 
behavior that is the reason the medication 
is being given or recommended. 
(ii) The likelihood of such mental ill-
ness or behavior improving or not improv-
ing without the medication. 
(iii) Reasonable alternative treatments 
available. 
(iv) The name and type, frequency 
amount, and method of dispensing the 
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medication, and the probable length of 
time the medication will be taken. 
(5) ASSESSMENT.—Guidelines related to the 
process of assessing an individual for a temporary 
involuntary commitment or hold, which shall incor-
porate the following requirements: 
(A) FACE TO FACE.—Prior to admitting 
an individual to a mental health facility pursu-
ant to such commitment, the qualified mental 
health professional in charge of the facility or 
designee of such professional shall assess the 
individual with a face to face assessment to de-
termine the appropriateness of the temporary 
involuntary detention or hold. 
(B) VERIFICATION FROM SECOND PROFES-
SIONAL.—A second mental health professional 
shall independently verify the appropriateness 
of the temporary involuntary detention or hold. 
(6) ADVISEMENT.—Guidelines related to advis-
ing such an individual orally and in written form 
during the following steps in the process of the indi-
vidual being temporarily involuntarily committed or 
held: 
(A) TRANSPORT.—After an initial deten-
tion by a qualified professional (as defined by 
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the State) to transport a patient to a facility, 
an oral advisement containing critical informa-
tion as determined by the Secretary must be 
given to the individual being transported to a 
facility for an assessment. 
(B) UPON
ADMISSION.—Upon admission, 
after a determination of dangerousness by a 
qualified professional, an oral advisement by a 
mental health professional containing critical 
information as determined by the Secretary 
must be given to the individual. 
(7) 
ADDITIONAL
GUIDELINES.—Any 
other 
guidelines deemed necessary by the Secretary for 
purposes of this Act. 
(c) CERTIFICATION PROCESS.—The Secretary of 
Health and Human Services shall establish a process for 
certifying that States are in compliance with the guide-
lines described in subsections (a) and (b) for purposes of 
establishing the compliance of such States under section 
2(c). 
(d) CONSULTATION WITH STAKEHOLDERS.—In es-
tablishing guidelines described in paragraphs (1), (2), and 
(5) of subsection (a) and paragraphs (2), (3), (4), and 
(5) of subsection (b), the Secretary of Health and Human 
Services shall consult with relevant mental health profes-
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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, is amended— 
(i) in subsection (d)(4), by striking 
‘‘adjudicated as a mental defective,’’ and 
inserting ‘‘adjudicated as ineligible due to 
disqualifying mental status’’; 
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(ii) in subsection (g)(4), by striking 
‘‘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 
ineligible due to disqualifying mental 
status’’; 
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(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’’. 
(2) REFERENCES.—For purposes of each provi-
sion amended by paragraph (1), a reference to a 
person adjudicated as ineligible due to disqualifying 
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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 
‘‘adjudicated as a mental defective’’ under provisions 
amended by paragraph (1). 
Æ 
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