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 pur-
poses 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. NOR-
TON, 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 Cali-
fornia) introduced the following bill; which was referred to the Committee 
on the Judiciary, and in addition to the Committee on Energy and Com-
merce, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘End Purchase of Fire-
arms by Dangerous Individuals Act of 2019’’. 
SEC. 2. STATE REPORTING SYSTEMS. 
(a) STATE REPORTING SYSTEMS AS CONDITION OF 
RECEIVING FULL EDWARD BYRNE MEMORIAL JUSTICE 
ASSISTANCE GRANTS AMOUNTS.— 
(1) IN GENERAL.—For each fiscal year begin-
ning with fiscal year 2019, a State shall— 
(A) establish a reporting system, in accord-
ance with guidelines provided pursuant to sec-
tion 4(a), through which mental health profes-
sionals may report to appropriate State enti-
ties— 
(i) in accordance with paragraph (2), 
information described in such paragraph 
with respect to individuals described in 
such paragraph; 
(ii) in accordance with paragraph (3), 
information described in such paragraph 
with respect to individuals described in 
such paragraph; and 
(iii) in accordance with paragraph (4), 
information described in such paragraph 
with respect to individuals described in 
such paragraph; 
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(B) establish under State law a process, in 
accordance with the guidelines provided pursu-
ant to section 4(b), relating to temporarily com-
mitting individuals involuntarily to, or holding 
individuals involuntarily at, mental health facili-
ties; 
(C) from the information collected by the 
State pursuant to subparagraph (A), make elec-
tronically available to the Attorney General 
records relevant to a determination of whether 
a person is disqualified from possessing or re-
ceiving a firearm under subsection (g)(4) of sec-
tion 922 of title 18, United States Code, or ap-
plicable State law; 
(D) upon notification under a subsequent 
paragraph of this section or subparagraph (G), 
or otherwise as specified under such paragraph 
or subparagraph, that the basis under which a 
record was made available under subparagraph 
(A) does not apply, or no longer applies, shall, 
as soon as practicable— 
(i) update, correct, modify, or remove, 
as applicable, the record from any data-
base that the Federal or State government 
maintains and makes available to the Na-
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tional Instant Criminal Background Check 
System, consistent with the rules per-
taining to that database; and 
(ii) notify the Attorney General that 
such basis no longer applies so that the 
record system in which the record is main-
tained is kept up to date; 
(E) ensure that the information submitted 
to the reporting system pursuant to this sub-
section— 
(i) with respect to an individual de-
scribed in paragraph (3), is removed from 
such system on the date described in the 
second sentence of such paragraph; and 
(ii) with respect to an individual de-
scribed in paragraph (4), is removed from 
such system on the date described in the 
second sentence of such paragraph; 
(F) ensure that the reporting system es-
tablished under subparagraph (A) includes an 
appeals process comparable to such a process 
applied with respect to the National Instant 
Criminal Background Check System, including 
with respect to procedures for notifications of 
individuals with respect to whom information is 
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submitted to the reporting system and an op-
portunity to review and appeal such submission; 
and 
(G)(i) ensure that any individual who— 
(I) is disqualified from possessing or 
receiving a firearm under subsection (g)(4) 
of section 922, of title 18, United States 
Code, or applicable State law pursuant to 
information reported through the reporting 
system established under subparagraph 
(A); and 
(II) at the time of inclusion of such 
information in such reporting system is 
under 18 years of age, 
is evaluated by a mental health professional by 
not later than the date the individual is 21 
years of age in order to determine if such indi-
vidual should remain so disqualified; and 
(ii) upon determination that such indi-
vidual should not remain so disqualified, notify 
the appropriate State entity that the informa-
tion so reported no longer applies for inclusion 
in the reporting system or any database or 
record described in subparagraph (D). 
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(2) INDIVIDUALS TEMPORARILY COMMITTED ON 
A VOLUNTARY BASIS.—For purposes of subsection 
(a)(1)(A)(i), in the case of an individual who is com-
mitted on a voluntary basis to a mental institution 
(as defined for purposes of section 922(g)(4) of title 
18, United States Code) in a State, the mental 
health professional who is primarily responsible for 
the individual’s treatment at such institution— 
(A) may report to the reporting system es-
tablished by the State under paragraph (1)(A) 
information with respect to such individual that 
is sufficient for inclusion in the National In-
stant Criminal Background Check System and 
consistent with Federal and State privacy laws 
if such mental health professional determines, 
in accordance with the guidelines provided pur-
suant to section 4(a) and with section 5(c), 
such individual is a danger to the individual or 
to others; and 
(B) upon discharge of such individual from 
such institution, shall notify the appropriate 
State entity that the information submitted 
under subparagraph (A) no longer applies for 
inclusion in the reporting system established 
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under paragraph (1)(A) or any database or 
record described in paragraph (1)(D). 
(3) INDIVIDUALS TEMPORARILY COMMITTED OR 
HELD ON AN INVOLUNTARY BASIS.—For purposes of 
subsection (a)(1)(A)(ii), in the case of an individual 
who is temporarily committed or held on an involun-
tary basis, in accordance with a process described in 
paragraph (1)(B), to a mental institution (as defined 
for purposes of section 922(g)(4) of title 18, United 
States Code) in a State, the mental health profes-
sional who is primarily responsible for the individ-
ual’s treatment at such institution may report to the 
reporting system established by the State under 
paragraph (1)(A), as soon as is practicable after the 
date the individual is released from such institution, 
information with respect to such individual that is 
sufficient for inclusion in the National Instant 
Criminal Background Check System and consistent 
with Federal and State privacy laws if such mental 
health professional determines, in accordance with 
the guidelines provided pursuant to section 4(a) and 
with section 5(c), such individual is a danger to the 
individual or to others. On the date that is 5 years 
after the date of such release, for purposes of sub-
sections (a)(1)(D) and (b)(1), the appropriate State 
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entity and the Attorney General shall be deemed to 
have been notified that the information submitted 
under the previous sentence no longer applies for in-
clusion in the reporting system established under 
paragraph (1)(A) or any database or record de-
scribed in paragraph (1)(D). 
(4) INDIVIDUALS MAKING SPECIFIC THREAT TO 
MENTAL HEALTH PROFESSIONAL.—For purposes of 
subsection (a)(1)(A)(iii), in the case of an individual 
who communicates to a mental health professional a 
serious threat, as determined by the professional in 
accordance with the guidance provided pursuant to 
section 4(a), of physical violence against another in-
dividual who is reasonably identifiable, the mental 
health professional may report to the reporting sys-
tem established by the State under paragraph 
(1)(A), as soon as is practicable after the date of 
such communication, information with respect to 
such individual that is sufficient for inclusion in the 
National Instant Criminal Background Check Sys-
tem and consistent with Federal and State privacy 
laws. On the date that is 6 months after the date 
of such report, for purposes of subsections (a)(1)(D) 
and (b)(1), the appropriate State entity and the At-
torney General shall be deemed to have been notified 
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that the information submitted under the previous 
sentence no longer applies for inclusion in the re-
porting system established under paragraph (1)(A) 
or any database or record described in paragraph 
(1)(D). 
(b) NATIONAL INSTANT CRIMINAL BACKGROUND 
CHECK SYSTEM UPDATES REQUIRED.— 
(1) IN GENERAL.—The Attorney General upon 
receiving notice pursuant to subsection (a)(1)(D) 
shall ensure that the record in the National Instant 
Criminal Background Check System is updated, cor-
rected, modified, or removed within 30 days of re-
ceipt. 
(2) SPECIFIC
INFORMATION
REMOVED
FROM 
RECORD.—The Attorney General shall ensure that 
the information submitted to the National Instant 
Criminal Background Check System pursuant to 
subsection (a)— 
(A) with respect to an individual described 
in paragraph (3) of subsection (a), is removed 
from such system on the date described in the 
second sentence of such paragraph; and 
(B) with respect to an individual described 
in paragraph (4) of subsection (a), is removed 
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from such system on the date described in the 
second sentence of such paragraph. 
(c) ENFORCEMENT.— 
(1) ATTORNEY GENERAL REPORT.— 
(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 
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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-
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 
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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 
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. 
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SEC. 3. ADDITIONAL FIREARMS PROHIBITIONS TO FED-
ERAL NICS SYSTEM BASED ON STATE RE-
PORTING SYSTEMS. 
Section 922 of title 18, United States Code, is 
amended— 
(1) in subsection (d)— 
(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 2019, 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-
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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: 
‘‘(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 2019, 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 
2019— 
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‘‘(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 2019, 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-
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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 
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-
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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-
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 
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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-
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. 
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(iii) Reasonable alternative treatments 
available. 
(iv) The name and type, frequency 
amount, and method of dispensing the 
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-
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vidual being temporarily involuntarily committed or 
held: 
(A) TRANSPORT.—After an initial deten-
tion by a qualified professional (as defined by 
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). 
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(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-
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 
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(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. 
(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 
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kjohnson on DSK79L0C42 with BILLS
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. 
(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 
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(B) a report on the finding and conclusions 
of such study is submitted to the Congress. 
(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— 
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