[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2094 Introduced in Senate (IS)]
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115th CONGRESS
1st Session
S. 2094
To require the prompt reporting for national instant criminal
background check system purposes of members of the Armed Forces
convicted of domestic violence offenses under the Uniform Code of
Military Justice, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 8, 2017
Mr. Flake (for himself, Mr. Heinrich, and Mrs. Shaheen) introduced the
following bill; which was read twice and referred to the Committee on
Armed Services
_______________________________________________________________________
A BILL
To require the prompt reporting for national instant criminal
background check system purposes of members of the Armed Forces
convicted of domestic violence offenses under the Uniform Code of
Military Justice, 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 ``Domestic Violence Loophole Closure
Act''.
SEC. 2. PROMPT REPORTING FOR NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
SYSTEM PURPOSES OF MEMBERS OF THE ARMED FORCES CONVICTED
OF DOMESTIC VIOLENCE OFFENSES UNDER THE UNIFORM CODE OF
MILITARY JUSTICE.
(a) Reporting Required.--Under regulations and procedures
prescribed by the Secretary of Defense, each Secretary concerned shall
submit to the Attorney General for inclusion in the national instant
criminal background check system the name and other appropriate
information on each member of the Armed Forces under the jurisdiction
of such Secretary who--
(1) has been convicted of an offense under chapter 47 of
title 10, United States Code (the Uniform Code of Military
Justice), for conduct that would constitute an offense of
domestic violence against a spouse, domestic partner, or
dependent child under State law; or
(2) has entered into a plea agreement accepting liability
for an offense described in paragraph (1).
(b) Deadline for Reporting.--The name and other information on a
member required to be submitted pursuant to subsection (a) shall be
submitted not later than three days after the following (as
applicable):
(1) The date of entry of judgment with respect to the
member for the offense concerned in the case of a general
court-martial or special court-martial.
(2) The date of judgment with respect to the member for the
offense concerned in the case of a summary court-martial.
(3) The date of acceptance of the plea agreement of the
member with respect to the offense concerned by the military
judge.
(c) Failure To Submit.--If the Secretary concerned does not submit
the name and other information on a member required by subsection (a)
within the deadline provided by subsection (b), the Secretary shall, as
soon as practicable after the deadline, submit to Congress in writing a
notice on the lack of submittal within the deadline, including an
explanation for the lack of submittal within the deadline and a
statement when the name and other information will be so submitted.
(d) Regulations and Procedures.--
(1) Offenses.--The regulations prescribed by the Secretary
of Defense pursuant to subsection (a) shall set forth the
offenses under chapter 47 of title 10, United States Code, that
would constitute an offense of domestic violence against a
spouse, domestic partner, or dependent child under State law
for purposes of subsection (a). The offenses so prescribed
shall be uniform throughout the United States.
(2) Uniformity across armed forces.--The regulations and
procedures prescribed pursuant to subsection (a) shall apply
uniformly across the Armed Forces.
(e) Annual Reports on Compliance.--Not later than February 15 each
year, the Inspector General of the Department of Defense shall, in
consultation with the Comptroller General of the United States, submit
to Congress a report setting forth a description and assessment of the
compliance of the Secretaries concerned with the requirements of this
section during the preceding year, including a description and
assessment of the accuracy, completeness, and timeliness of the
information submitted by the Secretaries concerned to the Attorney
General under this section during such year.
(f) Report on Remediation of Deficiencies in System.--Not later
than 180 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to Congress a report setting forth a
description of the actions taken, and to be taken, in order to ensure
that the information in the national instant criminal background check
system on members and former members of the Armed Forces fully and
accurately covers the members and former members who have been
convicted of an offense or entered into a plea agreement described in
subsection (a) as of the date of the report.
(g) Definitions.--In this section:
(1) The term ``national instant criminal background check
system'' means the system established under section 103 of the
Brady Handgun Violence Prevention Act (34 U.S.C. 40901).
(2) The term ``Secretary concerned'' has the meaning given
that term in section 101(a)(9) of title 10, United States Code.
SEC. 3. CLARIFICATION OF APPLICABILITY OF PROHIBITION ON POSSESSION AND
TRANSPORTATION OF FIREARMS AND AMMUNITION BY INDIVIDUALS
CONVICTED OF MISDEMEANOR CRIMES OF DOMESTIC VIOLENCE TO
INDIVIDUALS CONVICTED OF SIMILAR OFFENSES UNDER THE
UNIFORM CODE OF MILITARY JUSTICE.
Section 922(g)(9) of title 18, United States Code, is amended by
inserting before the comma at the end the following: ``, or has been
convicted by court-martial of an offense under chapter 47 of title 10
(the Uniform Code of Military Justice) for conduct that would
constitute such a crime under State law''.
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