,i #aafth ,,congress #ast ,session ,h4 ,r4 #ceed ,,in ,,the ,,house ,,of ,,representatives ,june #bg1 #bjai,mr4 ,cicilline 7for himself1 ,ms4 ,wilson of ,florida1 ,mr4 ,khanna1 ,ms4 ,norton1 ,mrs4 ,hayes1 ,ms4 ,schakowsky1 ,ms4 ,mucarsel-,powell1 ,mr4 ,de,saulnier1 ,ms4 ,garcia of ,texas1 ,ms4 ,kelly of ,illinois1 ,mr4 ,neguse1 ,mr4 ,hastings1 ,ms4 ,meng1 ,mr4 ,connolly1 ,mr4 ,sires1 ,mr4 ,larson of ,connecticut1 ,mr4 ,lowenthal1 ,ms4 ,moore1 and ,ms4 ,brownley of ,california7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,energy and ,commerce1 for a period to be subsequently determined by the ,speaker1 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 individuals1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,end ,purchase of ,firearms by ,dangerous ,individuals ,act of #bjai4 #b4 ,state reporting systems 7a7 ,state reporting systems as condition of receiving full ,edward ,byrne ,memorial ,justice ,assistance ,grants amounts 7#a7 ,in general ,for each fiscal year beginning with fiscal year #bjai1 a ,state shall-- 7,a7 establish a reporting system1 in accordance with guidelines provided pursuant to section #d7;a71 through which mental health professionals may report to appropriate ,state entities-- 7i7 in accordance with paragraph 7#b71 information described in such paragraph with respect to individuals described in such paragraph2 7ii7 in accordance with paragraph 7#c71 information described in such paragraph with respect to individuals described in such paragraph2 and 7iii7 in accordance with paragraph 7#d71 information described in such paragraph with respect to individuals described in such paragraph2 7,b7 establish under ,state law a process1 in accordance with the guidelines provided pursuant to section #d7;b71 relating to temporarily committing individuals involuntarily to1 or holding individuals involuntarily at1 mental health facilities2 7,c7 from the information collected by the ,state pursuant to subparagraph 7,a71 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 7g77#d7 of section #ibb of title #ah1 ,united ,states ,code1 or applicable ,state law2 7,d7 upon notification under a subsequent paragraph of this section or subparagraph 7,g71 or otherwise as specified under such paragraph or subparagraph1 that the basis under which a record was made available under subparagraph 7,a7 does not apply1 or no longer applies1 shall1 as soon as practicable-- 7i7 update1 correct1 modify1 or remove1 as applicable1 the record from any database that the ,federal or ,state government maintains and makes available to the ,national ,instant ,criminal ,background ,check ,system1 consistent with the rules pertaining to that database2 and 7ii7 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 date2 7,e7 ensure that the information submitted to the reporting system pursuant to this subsection-- 7i7 with respect to an individual described in paragraph 7#c71 is removed from such system on the date described in the second sentence of such paragraph2 and 7ii7 with respect to an individual described in paragraph 7#d71 is removed from such system on the date described in the second sentence of such paragraph2 7,f7 ensure that the reporting system established under subparagraph 7,a7 includes an appeals process comparable to such a process applied with respect to the ,national ,instant ,criminal ,background ,check ,system1 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 submission2 and 7,g7 7i7 ensure that any individual who-- 7,i7 is disqualified from possessing or receiving a firearm under subsection 7g77#d7 of section #ibb1 of title #ah1 ,united ,states ,code1 or applicable ,state law pursuant to information reported through the reporting system established under subparagraph 7,a72 and 7,,ii7 at the time of inclusion of such information in such reporting system is under #ah years of age1 is evaluated by a mental health professional by not later than the date the individual is #ba years of age in order to determine if such individual should remain so disqualified2 and 7ii7 upon determination that such individual should not remain so disqualified1 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 7,d74 7#b7 ,individuals ,temporarily ,committed on a ,voluntary ,basis ,for purposes of subsection 7a77#a77;,a77i71 in the case of an individual who is committed on a voluntary basis to a mental institution 7as defined for purposes of section #ibb7;g77#d7 of title #ah1 ,united ,states ,code7 in a ,state1 the mental health professional who is primarily responsible for the individual's treatment at such institution-- 7,a7 may report to the reporting system established by the ,state under paragraph 7#a77;,a7 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 determines1 in accordance with the guidelines provided pursuant to section #d7;a7 and with section #e7;c71 such individual is a danger to the individual or to others2 and 7,b7 upon discharge of such individual from such institution1 shall notify the appropriate ,state entity that the information submitted under subparagraph 7,a7 no longer applies for inclusion in the reporting system established under paragraph 7#a77;,a7 or any database or record described in paragraph 7#a77;,d74 7#c7 ,individuals temporarily committed or held on an involuntary basis ,for purposes of subsection 7a77#a77;,a77ii71 in the case of an individual who is temporarily committed or held on an involuntary basis1 in accordance with a process described in paragraph 7#a77;,b71 to a mental institution 7as defined for purposes of section #ibb7;g77#d7 of title #ah1 ,united ,states ,code7 in a ,state1 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 7#a77;,a71 as soon as is practicable after the date the individual is released from such institution1 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 determines1 in accordance with the guidelines provided pursuant to section #d7;a7 and with section #e7;c71 such individual is a danger to the individual or to others4 ,on the date that is #e years after the date of such release1 for purposes of subsections 7a77#a77;,d7 and 7b77#a71 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 7#a77;,a7 or any database or record described in paragraph 7#a77;,d74 7#d7 ,individuals making specific threat to mental health professional ,for purposes of subsection 7a77#a77;,a77iii71 in the case of an individual who communicates to a mental health professional a serious threat1 as determined by the professional in accordance with the guidance provided pursuant to section #d7;a71 of physical violence against another individual who is reasonably identifiable1 the mental health professional may report to the reporting system established by the ,state under paragraph 7#a77;,a71 as soon as is practicable after the date of such communication1 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 laws4 ,on the date that is #f months after the date of such report1 for purposes of subsections 7a77#a77;,d7 and 7b77#a71 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 7#a77;,a7 or any database or record described in paragraph 7#a77;,d74 7b7 ,national ,instant ,criminal ,background ,check ,system updates required 7#a7 ,in general ,the ,attorney ,general upon receiving notice pursuant to subsection 7a77#a77;,d7 shall ensure that the record in the ,national ,instant ,criminal ,background ,check ,system is updated1 corrected1 modified1 or removed within #cj days of receipt4 7#b7 ,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 7a7-- 7,a7 with respect to an individual described in paragraph 7#c7 of subsection 7a71 is removed from such system on the date described in the second sentence of such paragraph2 and 7,b7 with respect to an individual described in paragraph 7#d7 of subsection 7a71 is removed from such system on the date described in the second sentence of such paragraph4 7c7 ,enforcement 7#a7 ,attorney general report 7,a7 ,in general ,not later than ,january #ca of each year1 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 7,a7 of subsection 7a77#a7 and process described in subparagraph 7,b7 of such subsection1 and in providing that information pursuant to the requirements of subparagraphs 7,c7 and 7,d7 of such subsection4 7,b7 ,authorization of appropriations ,there are authorized to be appropriated to the ,department of ,justice1 such funds as may be necessary to carry out subparagraph 7,a74 7#b7 ,penalties 7,a7 ,discretionary reduction 7i7 ,for each year during the #b-year period beginning #c years after the date of enactment of this ,act1 the ,attorney ,general may withhold not more than #c percent of the amount that would otherwise be allocated to a ,state for such year under section #eje of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgee7 if the ,state is not in compliance with each requirement under subsection 7a77#a7 with respect to such year4 7ii7 ,for each year during the #e-year period after the expiration of the period referred to in clause 7i71 the ,attorney ,general may withhold not more than #d percent of the amount that would otherwise be allocated to a ,state for such year under section #eje of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgee7 if the ,state is not in compliance with each requirement under subsection 7a77#a7 with respect to such year4 7,b7 ,mandatory reduction ,for each year after the expiration of the periods referred to in subparagraph 7,a71 the ,attorney ,general shall withhold #e percent of the amount that would otherwise be allocated to a ,state for such year under section #eje of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgee71 if the ,state is not in compliance with each requirement under subsection 7a77#a7 with respect to such year4 7,c7 ,waiver by ,attorney ,general ,the ,attorney ,general may waive the applicability of subparagraph 7,b7 to a ,state with respect to the requirements described in subparagraphs 7,a71 7,b71 and 7,c7 of subsection 7a77#a7 if the ,state provides substantial evidence1 as determined by the ,attorney ,general1 that the ,state is making a reasonable effort to comply with such requirements4 7#c7 ,reallocation ,any funds that are not allocated under section #eje of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgee7 to a ,state pursuant to paragraph 7#b7 because of the failure of the ,state to comply with the requirements of subsection 7a77#a7 shall be reallocated under such section to ,states that meet such requirements4 #c4 ,additional ,firearms ,prohibitions to ,federal ,,nics ,system ,based on ,state ,reporting ,systems ,section #ibb of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d7-- 7,a7 by amending paragraph 7#d7 to read as follows3 7#d7 has been-- 7,a7 adjudicated as a mental defective2 or 7,b7 committed to any mental institution1 and-- 7i7 in the case of a voluntary commitment-- 7,i7 has been determined by a mental health professional1 in accordance with section #e7;c7 of the ,end ,purchase of ,firearms by ,dangerous ,individuals ,act of #bjai1 to present a danger to others2 and 7,,ii7 is serving a period of commitment at such institution2 7ii7 in the case of a temporary involuntary commitment or hold through a process established pursuant to section #b7;a77#a77;,b7 of the ,end ,purchase of ,firearms by ,dangerous ,individuals ,act of #bjai-- 7,i7 has been determined by a mental health professional1 in accordance with section #e7;c7 of the ,end ,purchase of ,firearms by ,dangerous ,individuals ,act of #bjai1 to present a danger to others2 and 7,,ii7 is serving a period of commitment at such institution1 or has been released from such institution for a period of less than #e years2 or 7iii7 in the case of a formal commitment by a court1 board1 commission1 or other lawful authority1 is serving a period of commitment at such institution1 or has been released from such institution2 2 7,b7 in paragraph 7#h71 by striking or at the end2 7,c7 in paragraph 7#i71 by striking the period at the end and inserting 2 or2 and 7,d7 by inserting after paragraph 7#i71 the following new paragraph3 7#aj7 during the prior #f-month period1 has communicated to a mental health professional a serious threat to commit an act of physical violence against another identifiable person4 2 and 7#b7 in subsection 7g7-- 7,a7 by amending paragraph 7#d7 to read as follows3 7#d7 who has been-- 7,a7 adjudicated as a mental defective2 or 7,b7 committed to any mental institution1 and-- 7i7 in the case of a voluntary commitment-- 7,i7 has been determined by a mental health professional1 in accordance with section #e7;c7 of the ,end ,purchase of ,firearms by ,dangerous ,individuals ,act of #bjai1 to present a danger to others2 and 7,,ii7 is serving a period of commitment at such institution2 7ii7 in the case of a temporary involuntary commitment or hold through a process established pursuant to section #b7;a77#a77;,b7 of the ,end ,purchase of ,firearms by ,dangerous ,individuals ,act of #bjai-- 7,i7 has been determined by a mental health professional1 in accordance with section #e7;c7 of the ,end ,purchase of ,firearms by ,dangerous ,individuals ,act of #bjai1 to present a danger to others2 and 7,,ii7 is serving a period of commitment at such institution1 or has been released from such institution for a period of less than #e years2 or 7iii7 in the case of a formal commitment by a court1 board1 commission1 or other lawful authority1 is serving a period of commitment at such institution1 or has been released from such institution2 2 7,b7 in paragraph 7#h71 by striking or at the end2 7,c7 in paragraph 7#i71 by striking the comma at the end and inserting 2 or2 and 7,d7 by inserting after paragraph 7#i71 the following new paragraph3 7#aj7 who has communicated to a mental health professional a serious threat to commit an act of physical violence against another identifiable person1 for a period of #f months after making such a threat1 4 #d4 ,guidelines 7a7 ,general guidelines for ,state reporting systems ,not later than #af months after the date of the enactment of this ,act1 the ,secretary of ,health and ,human ,services shall1 pursuant to rulemaking and in accordance with subsection 7d71 establish guidelines for ,states and mental health professionals1 with respect to establishing reporting systems under section #b7;a77#a7-- 7#a7 to ensure determinations described in paragraphs 7#b7 and 7#c7 of section #b7;a7 of dangerousness and determinations described in section #b7;a77#d7 of serious threat for purposes of reporting information under section #b7;a77#a7 are administered properly2 7#b7 to ensure that only individuals qualified to make such determinations are permitted to do so2 7#c7 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 8habeas corpus0 or writ hearing2 7#d7 to ensure all reporting to law enforcement officials1 ,state-based databases1 and ,national ,instant ,criminal ,background ,check ,system are compliant with applicable ,federal and ,state privacy and security protections and standards2 7#e7 to recommend the process by which qualified professionals should assess an individual to determine dangerousness for purposes described in section #b2 and 7#f7 for any other purpose deemed necessary by the ,secretary4 7b7 ,temporary involuntary commitment or hold process guidelines ,not later than #af months after the date of the enactment of this ,act1 the ,secretary of ,health and ,human ,services shall1 pursuant to rulemaking and in accordance with subsection 7d71 establish guidelines for ,states to establish a process for temporarily committing or holding individuals on an involuntary basis to mental health institutions4 ,such guidelines shall address at least the following3 7#a7 ,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 professional4 7#b7 ,qualified professionals ,guidelines to determine which mental health professionals are qualified to handle the responsibilities provided such professionals under section #b4 7#c7 ,recommendations in ,assessing ,patients ,guidelines recommending the process by which qualified professionals should assess an individual to determine dangerousness for purposes described in section #b4 7#d7 ,treatments 7,a7 ,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 medication4 7,b7 ,information on medication ,guidelines for requiring the following information related to medications to be given to such an individual3 7i7 ,the nature of the mental illness or behavior that is the reason the medication is being given or recommended4 7ii7 ,the likelihood of such mental illness or behavior improving or not improving without the medication4 7iii7 ,reasonable alternative treatments available4 7iv7 ,the name and type1 frequency amount1 and method of dispensing the medication1 and the probable length of time the medication will be taken4 7#e7 ,assessment ,guidelines related to the process of assessing an individual for a temporary involuntary commitment or hold1 which shall incorporate the following requirements3 7,a7 ,face to ,face ,prior to admitting an individual to a mental health facility pursuant to such commitment1 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 hold4 7,b7 ,verification from ,second ,professional ,a second mental health professional shall independently verify the appropriateness of the temporary involuntary detention or hold4 7#f7 ,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 held3 7,a7 ,transport ,after an initial detention by a qualified professional 7as defined by the ,state7 to transport a patient to a facility1 an oral advisement containing critical information as determined by the ,secretary must be given to the individual being transported to a facility for an assessment4 7,b7 ,upon ,admission ,upon admission1 after a determination of dangerousness by a qualified professional1 an oral advisement by a mental health professional containing critical information as determined by the ,secretary must be given to the individual4 7#g7 ,additional guidelines ,any other guidelines deemed necessary by the ,secretary for purposes of this ,act4 7c7 ,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 7a7 and 7b7 for purposes of establishing the compliance of such ,states under section #b7;c74 7d7 ,consultation with stakeholders ,in establishing guidelines described in paragraphs 7#a71 7#b71 and 7#e7 of subsection 7a7 and paragraphs 7#b71 7#c71 7#d71 and 7#e7 of subsection 7b71 the ,secretary of ,health and ,human ,services shall consult with relevant mental health professional organizations and stakeholders1 such as the ,american ,psychological ,association and the ,american ,psychiatric ,association4 #e4 ,miscellaneous 7a7 ,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 ,system1 the provisions of this ,act1 and section #ibb of title #ah1 ,united ,states ,code1 individuals who are temporarily involuntarily committed or held under a ,state-level process with respect to which the ,state has been certified under section #d7;c7 shall be treated as a separate and distinct population from individuals who are involuntarily committed through a judicial process4 7b7 ,limiting liability for mental health professionals ,any mental health professional who does not report under a reporting system established under section #b7;a77#a71 in accordance with guidelines established under section #d7;a71 information described in paragraph 7#b71 7#c71 or 7#d7 of section #b7;a71 with respect to an individual described in such respective paragraph1 shall not be held liable in any civil action in ,state or ,federal court for any damages resulting from such failure to report such information4 7c7 ,determination of dangerousness ,for purposes of this ,act1 a determination of dangerousness1 with respect to an individual1 shall be predicated on the presence of either-- 7#a7 a substantial risk of physical harm to the individual as manifested by evidence of1 threats of1 or attempts at1 suicide or serious bodily harm2 or 7#b7 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 individual4 7d7 ,study on existing ,state statutes 7#a7 ,study ,the ,secretary of ,health and ,human ,services 7in this subsection referred to as the ,secretary7 shall enter into an agreement with the ,institute of ,medicine 7or if the ,institute declines to enter into such an agreement1 another appropriate entity7 to conduct a comprehensive study on ,state statutes1 enacted before the date of the enactment of this ,act1 that require mental health professionals to directly report certain individuals into ,state firearm prohibition databases4 7#b7 ,considerations ,the study under paragraph 7#a7 shall include consideration of the following3 7,a7 ,how the ,state statutes described in such paragraph impact the quality of care provided by mental health professionals to patients4 7,b7 ,how such ,state statutes impact a patient's decision to access mental health treatment4 7,c7 ,the effectiveness of such ,state statutes as interventions for preventing firearm-related violence4 7,d7 ,any other relevant considerations1 as determined by the ,institute of ,medicine 7or1 if applicable1 the other appropriate entity described in paragraph 7#a774 7#c7 ,report ,the ,secretary shall ensure that1 not later than #ab months after the date of enactment of this ,act-- 7,a7 the study under subparagraph 7#a7 is completed2 and 7,b7 a report on the finding and conclusions of such study is submitted to the ,congress4 7e7 ,amending references from persons adjudicated as a mental defective to ineligible due to disqualifying mental status 7#a7 ,in general 7,a7 ,section #age;b7d77#b77;,f7 of title #ah1 ,united ,states ,code1 is amended by striking adjudicated as a mental defective1 and inserting adjudicated as ineligible due to disqualifying mental status4 7,b7 ,section #hdb of title #ah1 ,united ,states ,code1 is amended-- 7i7 in subsection 7d77#f71 by striking adjudicated a mental defective1 and inserting adjudicated as ineligible due to disqualifying mental status2 and 7ii7 in subsection 7i77#d71 by striking adjudicated as a mental defective1 and inserting adjudicated as ineligible due to disqualifying mental status4 7,c7 ,section #ibb of title #ah1 ,united ,states ,code1 as amended by section #c of this ,act1 is amended-- 7i7 in subsection 7d77#d77;,a71 by striking adjudicated as a mental defective1 and inserting adjudicated as ineligible due to disqualifying mental status2 7ii7 in subsection 7g77#d77;,a71 by striking adjudicated as a mental defective1 and inserting adjudicated as ineligible due to disqualifying mental status2 and 7iii7 in subsection 7s77#c77;,b77iv71 by striking adjudicated as a mental defective1 and inserting adjudicated as ineligible due to disqualifying mental status4 7,d7 ,the ,,nics ,improvement ,amendments ,act of #bjjg 7#cd ,u4,s4,c4 #djijb et seq47 is amended-- 7i7 in section #c7b71 by striking adjudicated as a mental defective1 and inserting adjudicated as ineligible due to disqualifying mental status2 7ii7 in section #aja-- 7,i7 in subsection 7b77#b77;,c77ii71 by striking adjudicated as a mental defective1 and inserting adjudicated as ineligible due to disqualifying mental status2 7,,ii7 in subsection 7c77#a77;,c71 by striking adjudicated as a mental defective1 and inserting adjudicated as ineligible due to disqualifying mental status2 7,,iii7 in subsection 7c77#c71 in the matter preceding subparagraph 7,a71 by striking adjudicate a person as a mental defective1 and inserting adjudicate a person as ineligible due to disqualifying mental status2 and 7,,iv7 in subsection 7c77#c77;,a71 by striking adjudicate the person as a mental defective1 and inserting adjudicate the person as ineligible due to disqualifying mental status2 and 7iii7 in section #ajb-- 7,i7 in subsection 7b77#a77;,c77iv71 by striking adjudicated as a mental defective1 and inserting adjudicated as ineligible due to disqualifying mental status2 and 7,,ii7 in subsection 7c77#c7-- 7aa7 in the heading1 by striking adjudicated as a mental defective and inserting adjudicated as ineligible due to disqualifying mental status2 and 7bb7 by striking adjudicated as a mental defective1 and inserting adjudicated as ineligible due to disqualifying mental status4 7#b7 ,references ,for purposes of each provision amended by paragraph 7#a71 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 defective1 as defined for that provision on the day before the date of enactment of this ,act4 7#c7 ,regulations ,for purposes of regulations issued to carry out a provision amended by paragraph 7#a7-- 7,a7 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 status2 and 7,b7 in amending the regulations to carry out this subsection1 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 defective4 7#d7 ,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 7#a74