Sec. 5. Miscellaneous
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/bill/116/hr/3554/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 separate and distinct population from individuals who are involuntarily committed through a judicial process. Any mental health professional who does not report under a reporting system established under section 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 individual 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. For purposes of this Act, a determination of dangerousness, with respect to an individual, shall be predicated on the presence of either— 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 a substantial risk of physical harm to another individual as manifested by evidence of homicidal or other violent behavior or evidence that such other individual is placed in reasonable fear of violent behavior and physical harm to such other individual. 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 appropriate entity) to conduct a comprehensive study on State statutes, enacted before the date of the enactment of this Act, that require mental health professionals to directly report certain individuals into State firearm prohibition databases. The study under paragraph
(1)shall include consideration of the following: How the State statutes described in such paragraph impact the quality of care provided by mental health professionals to patients. How such State statutes impact a patient’s decision to access mental health treatment. The effectiveness of such State statutes as interventions for preventing firearm-related violence. Any other relevant considerations, as determined by the Institute of Medicine (or, if applicable, the other appropriate entity described in paragraph (1)). The Secretary shall ensure that, not later than 12 months after the date of enactment of this Act— the study under subparagraph
(1)is completed; and a report on the finding and conclusions of such study is submitted to the Congress. Section 175b(d)(2)(F) of title 18, United States Code, is amended by striking adjudicated as a mental defective, and inserting adjudicated as ineligible due to disqualifying mental status . Section 842 of title 18, United States Code, is amended— in subsection (d)(6), by striking adjudicated a mental defective, and inserting adjudicated as ineligible due to disqualifying mental status ; and in subsection (i)(4), by striking adjudicated as a mental defective, and inserting adjudicated as ineligible due to disqualifying mental status . Section 922 of title 18, United States Code, as amended by section 3 of this Act, is amended— in subsection (d)(4)(A), by striking adjudicated as a mental defective, and inserting adjudicated as ineligible due to disqualifying mental status ; in subsection (g)(4)(A), by striking adjudicated as a mental defective, and inserting adjudicated as ineligible due to disqualifying mental status ; and in subsection (s)(3)(B)(iv), by striking adjudicated as a mental defective, and inserting adjudicated as ineligible due to disqualifying mental status . The NICS Improvement Amendments Act of 2007 ( 34 U.S.C. 40902 et seq.) is amended— in section 3(2), by striking adjudicated as a mental defective, and inserting adjudicated as ineligible due to disqualifying mental status ; in section 101— in subsection (b)(2)(C)(ii), by striking adjudicated as a mental defective, and inserting adjudicated as ineligible due to disqualifying mental status ; in subsection (c)(1)(C), by striking adjudicated as a mental defective, and inserting adjudicated as ineligible due to disqualifying mental status ; in subsection (c)(3), in the matter preceding subparagraph (A), by striking adjudicate a person as a mental defective, and inserting adjudicate a person as ineligible due to disqualifying mental status ; and in subsection (c)(3)(A), by striking adjudicate the person as a mental defective, and inserting adjudicate the person as ineligible due to disqualifying mental status ; and in section 102— in subsection (b)(1)(C)(iv), by striking adjudicated as a mental defective, and inserting adjudicated as ineligible due to disqualifying mental status ; and in subsection (c)(3)— in the heading, by striking and inserting adjudicated as a mental defective ; and adjudicated as ineligible due to disqualifying mental status by striking adjudicated as a mental defective, and inserting adjudicated as ineligible due to disqualifying mental status . For purposes of each provision amended by paragraph (1), a reference to a person adjudicated as ineligible due to disqualifying mental status shall be considered to refer to a person adjudicated as a mental defective, as defined for that provision on the day before the date of enactment of this Act. For purposes of regulations issued to carry out a provision amended by paragraph (1)— before the regulations are amended to carry out this subsection a reference in the regulations to a person adjudicated as a mental defective shall be considered to be a reference to a person adjudicated as ineligible due to disqualifying mental status; and in amending the regulations to carry out this subsection, a Federal agency shall ensure that the regulations clearly state that persons adjudicated as ineligible due to disqualifying mental status were formerly termed persons adjudicated as a mental defective. 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).
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U.S. Code