[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4344 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 4344

    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

                            November 9, 2017

     Mr. Cicilline (for himself, Mr. Khanna, Mr. McGovern, and Mr. 
 Blumenauer) 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``End Purchase of Firearms by 
Dangerous Individuals Act of 2017''.

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 beginning with fiscal 
        year 2019, a State shall--
                    (A) establish a reporting system, in accordance 
                with guidelines provided pursuant to section 4(a), 
                through which mental health professionals may report to 
                appropriate State entities--
                            (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;
                    (B) establish under State law a process, in 
                accordance with the guidelines provided pursuant to 
                section 4(b), relating to temporarily committing 
                individuals involuntarily to, or holding individuals 
                involuntarily at, mental health facilities;
                    (C) from the information collected by the State 
                pursuant to subparagraph (A), make electronically 
                available to the Attorney General records relevant to a 
                determination of whether a person 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;
                    (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 database that 
                        the Federal or State government maintains and 
                        makes available to the National Instant 
                        Criminal Background Check System, consistent 
                        with the rules pertaining 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 maintained is 
                        kept up to date;
                    (E) ensure that the information submitted to the 
                reporting system pursuant to this subsection--
                            (i) with respect to an individual described 
                        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 
                        described 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 established 
                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 
                submitted to the reporting system and an opportunity 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 individual should remain 
                so disqualified; and
                    (ii) upon determination that such individual should 
                not remain so disqualified, notify the appropriate 
                State entity that the information so reported no longer 
                applies for inclusion in the reporting system or any 
                database or record described in subparagraph (D).
            (2) Individuals temporarily committed on a voluntary 
        basis.--For purposes of subsection (a)(1)(A)(i), in the case of 
        an individual who is committed 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 established 
                by the State under paragraph (1)(A) 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; 
                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 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 involuntary 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 professional who is 
        primarily responsible for the individual'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 subsections (a)(1)(D) and 
        (b)(1), the appropriate State entity and the Attorney General 
        shall be deemed to have been notified that the information 
        submitted under the previous sentence no longer applies for 
        inclusion in the reporting system established under paragraph 
        (1)(A) or any database or record described 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 
        individual who is reasonably identifiable, the mental health 
        professional may report to the reporting system 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 System 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 Attorney General shall be deemed to have been notified 
        that the information submitted under the previous sentence no 
        longer applies for inclusion in the reporting 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, corrected, modified, or removed within 30 days of 
        receipt.
            (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 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 submit 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 appropriations.--There are 
                authorized to be appropriated to the Department of 
                Justice, such funds as may be necessary to carry out 
                subparagraph (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 General may withhold 
                        not more than 3 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 
                        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 referred to 
                        in clause (i), the Attorney General may 
                        withhold not more than 4 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 
                        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 with each requirement 
                under subsection (a)(1) with respect to such year.
                    (C) Waiver by attorney general.--The Attorney 
                General may waive the applicability of subparagraph (B) 
                to a State with respect to the requirements described 
                in subparagraphs (A), (B), and (C) of subsection (a)(1) 
                if the State provides substantial evidence, as 
                determined 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 
        requirements of subsection (a)(1) shall be reallocated under 
        such section to States that meet such requirements.

SEC. 3. ADDITIONAL FIREARMS PROHIBITIONS TO FEDERAL NICS SYSTEM BASED 
              ON STATE REPORTING 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 
                        commitment--
                                    ``(I) has been determined by a 
                                mental health professional, in 
                                accordance with section 5(c) of the End 
                                Purchase of Firearms by Dangerous 
                                Individuals Act of 2017, to present a 
                                danger to others; and
                                    ``(II) is serving a period of 
                                commitment at such institution;
                            ``(ii) in the case of a temporary 
                        involuntary commitment or hold through a 
                        process established pursuant to section 
                        2(a)(1)(B) of the End Purchase of Firearms by 
                        Dangerous Individuals Act of 2017--
                                    ``(I) has been determined by a 
                                mental health professional, in 
                                accordance with section 5(c) of the End 
                                Purchase of Firearms by Dangerous 
                                Individuals Act of 2017, to present a 
                                danger to others; and
                                    ``(II) is serving a period of 
                                commitment 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 commitment 
                        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 period 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 serious 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 
                        commitment--
                                    ``(I) has been determined by a 
                                mental health professional, in 
                                accordance with section 5(c) of the End 
                                Purchase of Firearms by Dangerous 
                                Individuals Act of 2017, to present a 
                                danger to others; and
                                    ``(II) is serving a period of 
                                commitment at such institution;
                            ``(ii) in the case of a temporary 
                        involuntary commitment or hold through a 
                        process established pursuant to section 
                        2(a)(1)(B) of the End Purchase of Firearms by 
                        Dangerous Individuals Act of 2017--
                                    ``(I) has been determined by a 
                                mental health professional, in 
                                accordance with section 5(c) of the End 
                                Purchase of Firearms by Dangerous 
                                Individuals Act of 2017, to present a 
                                danger to others; and
                                    ``(II) is serving a period of 
                                commitment 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 commitment 
                        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 person, 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 
accordance with subsection (d), establish guidelines for States and 
mental health professionals, with respect to establishing reporting 
systems under section 2(a)(1)--
            (1) to ensure determinations described in paragraphs (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 Instant Criminal Background 
        Check System are compliant with applicable Federal and State 
        privacy and security protections and standards;
            (5) to recommend the process by which qualified 
        professionals should assess an individual to determine 
        dangerousness for purposes described in section 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 
rulemaking 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 address 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 patients.--Guidelines 
        recommending the process by which qualified professionals 
        should assess an individual to determine dangerousness for 
        purposes described in section 2.
            (4) Treatments.--
                    (A) In general.--Guidelines for how any individual 
                designated to be temporarily involuntary committed or 
                held and who is receiving medication as a result of the 
                mental illness of such individual must be advised about 
                the probable effects and possible side effects of the 
                medication.
                    (B) Information on medication.--Guidelines for 
                requiring the following information 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 illness 
                        or behavior improving or not improving without 
                        the medication.
                            (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 incorporate the following requirements:
                    (A) Face to face.--Prior to admitting an individual 
                to a mental health facility pursuant 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 determine the appropriateness of the 
                temporary involuntary detention or hold.
                    (B) Verification from second professional.--A 
                second mental health professional shall independently 
                verify the appropriateness of the temporary involuntary 
                detention or hold.
            (6) Advisement.--Guidelines related to advising such an 
        individual orally and in written form during the following 
        steps in the process of the individual being temporarily 
        involuntarily committed or held:
                    (A) Transport.--After an initial detention by a 
                qualified professional (as defined by the State) to 
                transport a patient to a facility, an oral advisement 
                containing critical information 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 guidelines described in subsections (a) and (b) for 
purposes of establishing the compliance of such States under section 
2(c).
    (d) Consultation With Stakeholders.--In establishing 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 
professional organizations and stakeholders, such as the American 
Psychological Association and the American Psychiatric Association.

SEC. 5. MISCELLANEOUS.

    (a) Individuals Temporarily Involuntarily Committed or Held To Be 
Treated as Distinct From Others Who Are Involuntarily Committed.--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.
    (b) Limiting Liability for Mental Health Professionals.--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.
    (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 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.
    (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 
        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.
            (2) Considerations.--The study under paragraph (1) shall 
        include consideration of the following:
                    (A) How the State statutes described in such 
                paragraph impact the quality of care provided by mental 
                health professionals to patients.
                    (B) How such State statutes impact a patient's 
                decision to access mental health treatment.
                    (C) The effectiveness of such State statutes as 
                interventions for preventing firearm-related violence.
                    (D) Any other relevant considerations, as 
                determined by the Institute of Medicine (or, if 
                applicable, the other appropriate entity described in 
                paragraph (1)).
            (3) Report.--The Secretary shall ensure that, not later 
        than 12 months after the date of enactment 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.
    (e) Amending References From Persons Adjudicated 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 inserting ``adjudicated as 
                ineligible due to disqualifying 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 
                        inserting ``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 
                        inserting ``adjudicated as ineligible due to 
                        disqualifying mental status'';
                            (ii) in subsection (g)(4)(A), 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 defective,'' 
                        and inserting ``adjudicated as ineligible 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 
                        ``adjudicated as a mental defective,'' and 
                        inserting ``adjudicated as ineligible due to 
                        disqualifying mental status'';
                            (ii) in section 101--
                                    (I) in subsection (b)(2)(C)(ii), by 
                                striking ``adjudicated as a mental 
                                defective,'' and inserting 
                                ``adjudicated as ineligible due to 
                                disqualifying mental status'';
                                    (II) in subsection (c)(1)(C), by 
                                striking ``adjudicated as a mental 
                                defective,'' and inserting 
                                ``adjudicated as 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 
                                ``adjudicate 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 
                                ``adjudicate 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 
                                defective,'' and inserting 
                                ``adjudicated as ineligible due to 
                                disqualifying mental status''; and
                                    (II) in subsection (c)(3), by 
                                striking ``adjudicated as a mental 
                                defective,'' and inserting 
                                ``adjudicated as ineligible due to 
                                disqualifying mental status''.
            (2) References.--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.
            (3) Regulations.--For purposes of regulations 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 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
                    (B) 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.
            (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).
                                 <all>