; and (2) the relevant Federal records of an agency should be made available to NICS. 103. Definitions relating to mental health (a) Title 18 definitions Chapter 44 of title 18, United States Code, is amended— (1) in section 921(a), by adding at the end the following: (36) (A) Subject to subparagraph (B), the term has been adjudicated mentally incompetent or has been committed to a psychiatric hospital , with respect to a person— (i) means the person is the subject of an order or finding by a judicial officer, court, board, commission, or other adjudicative body— (I) that was issued after— (aa) a hearing— (AA) of which the person received actual notice; and (BB) at which the person had an opportunity to participate with counsel; or (bb) the person knowingly and intelligently waived the opportunity for a hearing— (AA) of which the person received actual notice; and (BB) at which the person would have had an opportunity to participate with counsel; and (II) that found that the person, as a result of marked subnormal intelligence, mental impairment, or mental illness— (aa) was a danger to himself or to others; (bb) was guilty but mentally ill in a criminal case; (cc) was not guilty in a criminal case by reason of insanity or mental disease or defect; (dd) was incompetent to stand trial in a criminal case; (ee) was not guilty only by reason of lack of mental responsibility under section 850a of title 10 (article 50a of the Uniform Code of Military Justice); (ff) required involuntary inpatient treatment by a psychiatric hospital; (gg) required involuntary outpatient treatment by a psychiatric hospital based on a finding that the person is a danger to himself or to others; or (hh) required involuntary commitment to a psychiatric hospital for any reason, including drug use; and (ii) does not include— (I) a person who is in a psychiatric hospital for observation