; and (3) in section 102(c)(3) ( 34 U.S.C. 40912(c)(3) )— (A) in the paragraph heading, by striking as a mental defective or committed to a mental institution and inserting mentally incompetent or committed to a psychiatric hospital ; and (B) by striking mental institutions and inserting psychiatric hospitals . 104. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes (a) In general Chapter 55 of title 38, United States Code, is amended by adding at the end the following: 5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes In any case arising out of the administration by the Secretary of laws and benefits under this title, a person who is mentally incapacitated, deemed mentally incompetent, or experiencing an extended loss of consciousness shall not be considered adjudicated as a mental defective under subsection (d)(4) or (g)(4) of section 922 of title 18 without the order or finding of a judge, magistrate, or other judicial authority of competent jurisdiction that such person is a danger to himself or herself or others. . (b) Technical and conforming amendment The table of sections at the beginning of chapter 55 of title 38, United States Code, is amended by adding at the end the following: 5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes. . 105. Clarification that Federal court information is to be made available to the National Instant Criminal Background Check System Section 103(e)(1) of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40901(e)(1) ) is amended by adding at the end the following: (F) Application to Federal courts In this paragraph— (i) the terms department or agency of the United States and Federal department or agency include a Federal court