[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8361 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8361
To help prevent suicide by giving people more control over their own
lethal means purchase decisions, through the creation of a voluntary
purchase delay database.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 13, 2022
Ms. Jayapal (for herself and Mr. Curtis) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To help prevent suicide by giving people more control over their own
lethal means purchase decisions, through the creation of a voluntary
purchase delay database.
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 ``Preventing Suicide Through Voluntary
Firearm Purchase Delay Act''.
SEC. 2. VOLUNTARY PURCHASE DELAY DATABASE.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by inserting after section 925A the following:
``Sec. 925B. Creating a voluntary purchase delay process in the
National Instant Criminal Background Check System
``(a) Establishment.--The Attorney General shall establish and
maintain a secure internet-based platform, separate from other
databases in the national instant criminal background check system
established under section 103 of the Brady Handgun Violence Prevention
Act (34 U.S.C. 40901)(referred to in this section as `NICS'), which
shall be known as the `Voluntary Purchase Delay Database' (referred to
in this section as the `Database').
``(b) Use by NICS.--Whenever the national instant criminal
background check system receives a lawful request from a licensed
importer, licensed manufacturer, licensed dealer, or law enforcement
agency for information about the eligibility of an individual to
purchase or possess a firearm, NICS shall--
``(1) access the Database; and
``(2) if the name of the prospective firearms transferee is
in the Database, indicate to the licensee that it would be
unlawful to transfer a firearm to the prospective firearms
transferee.
``(c) Operations.--The Attorney General, in consultation with other
relevant agencies, shall promulgate regulations to ensure that the
Database is easily accessible, user-friendly, and, at a minimum, does
the following:
``(1) Verifies the identity of an individual who elects to
add his or her name to, or requests removal of his or her name
from, the Database.
``(2)(A) Allows an individual to add his or her name to the
Database--
``(i) by providing necessary documentation of the
identity of the individual, including government-issued
photo identification, in person; or
``(ii) by providing the documentation referred to
in subparagraph (A) by mail or electronic mail
accompanied by a letter from a mental health
professional that includes the name and license number
of the professional and the name and date of birth of
the individual.
``(B) In subparagraph (A), the term `mental health
professional' means a person who is licensed, certified, or
otherwise recognized or authorized under State law to provide
mental health services, including a psychiatrist, psychologist,
or clinical social worker.
``(3) Prevents unauthorized disclosure of the identity of,
or personal information about, an individual who has added his
or her name to the Database.
``(4) Provides prior notice to an individual described in
paragraph (1) of the legal effect of having the name of the
individual included in the Database.
``(5) Allows an individual described in paragraph (1) to
list up to 5 electronic mail addresses to be contacted if--
``(A) the individual attempts to purchase a firearm
from a licensed importer, licensed manufacturer, or
licensed dealer while the name of the individual is in
the Database; or
``(B) the individual requests removal of his or her
name from the Database.
``(6) Provides prior notice to an individual described in
paragraph (1) that listing electronic mail addresses under
paragraph (5) shall constitute an express authorization for the
Attorney General to contact the address for the purposes
described in paragraph (5).
``(7) Provides information about how to relinquish a
firearm.
``(d) Use of Information.--
``(1) Inadmissibility as evidence.--The addition or removal
of the name of an individual to the Database by that individual
may not be admissible as evidence in any legal proceeding,
except in a proceeding under section 925A of this title or
section 103(g) of the Brady Handgun Violence Prevention Act (34
U.S.C. 40901(g)), as evidence that--
``(A) the individual properly removed his or her
name from the Database; or
``(B) a licensed importer, licensed manufacturer,
or licensed dealer unlawfully transferred a firearm to
an individual whose name was included in the Database.
``(2) Limitation on use.--Any information about an
individual that is contained in, or transmitted to, the
Database shall not be used for any purpose other than to
determine the eligibility of the individual to receive a
firearm.
``(3) Prohibitions on use in relation to employment, or
provision of a benefit or service.--
``(A) In general.--An individual may not be
required to add the name of the individual to, or
remove the name of the individual from, the Database as
a condition of employment or of receiving any benefit
or service. An individual aggrieved by a violation of
this subparagraph may bring an action in an appropriate
district court of the United States for appropriate
relief, including a reasonable attorney's fee.
``(B) Prohibition on inquiries.--A person may not
inquire or consider whether the name of an individual
is, or has ever been, added to the Database, for the
purpose of determining the eligibility of that
individual for employment, or for a benefit or service.
``(e) Procedures for Removing Name From Database.--The Attorney
General shall establish procedures by which an individual may remove
his or her name from the Database, which shall include the following:
``(1) Removal upon request made to the Attorney General by
the applicable individual, which shall take effect on the date
that is 21 days after the date on which the request is
received.
``(2) Removal upon request made to the Attorney General
supported by a declaration from a mental health professional
that the individual does not present a substantial risk of harm
to self, which shall take effect not later than 24 hours after
the time at which the request is received.
``(f) No Limit on Number of Additions or Removals.--There shall be
no limit on the number of times an individual may add or remove his or
her name from the Database.''.
(b) Clerical Amendment.--The table of sections for chapter 44 of
title 18, United States Code, is amended by inserting after the item
relating to section 925A the following:
``925B. Creating a voluntary purchase delay process in the National
Instant Criminal Background Check
System.''.
SEC. 3. EFFECT OF REGISTRATION WITH VOLUNTARY PURCHASE DELAY DATABASE.
(a) Prohibition on Sale or Other Disposition.--The first sentence
of section 922(d) of title 18, United States Code, is amended--
(1) in paragraph (8), by striking ``or'' at the end;
(2) in paragraph (9), by striking the period and inserting
``; or''; and
(3) by inserting after paragraph (9) the following:
``(10) is an individual whose name is included in the
Voluntary Purchase Delay Database established under section
925B.''.
(b) Incorporation of Information Into the NICS System.--
(1) In general.--Section 922(t) of title 18, United States
Code, is amended--
(A) in paragraph (1)(B)(ii), by inserting ``or that
the sale or other disposition of a firearm to such
other individual would violate subsection (d) of this
section'' before the semicolon;
(B) in paragraph (2), in the matter preceding
subparagraph (A), by inserting ``and sale or other
disposition of a firearm would not violate subsection
(d) or State law'' before the comma;
(C) in paragraph (4), by inserting ``or that sale
or other disposition of a firearm to such other
individual would not violate subsection (d) or State
law'' before the first comma; and
(D) in paragraph (5), by inserting ``or that sale
or other disposition of a firearm to such other
individual would violate subsection (d) or State law''
before the third comma.
(2) Correction of erroneous information.--Section 103(g) of
the Brady Handgun Violence Prevention Act (34 U.S.C. 40901(g))
is amended by inserting ``or that sale or other disposition of
a firearm to a prospective transferee would violate section (d)
of such section or State law'' before the first comma.
(c) Inclusion in Exception to Prohibition Relating to Establishment
of Registration Systems With Respect to Firearms.--Section 103(i)(2) of
the Brady Handgun Violence Prevention Act (34 U.S.C. 40901(i)(2)) is
amended by inserting ``or individuals to whom the sale or disposition
of a firearm would violate section 922(d) of title 18, United States
Code, or State law'' before the period.
SEC. 4. EDUCATION AND OUTREACH CAMPAIGN REGARDING THE VOLUNTARY
PURCHASE DELAY DATABASE.
The Attorney General, in consultation with the Centers for Disease
Control and Prevention, the National Center for Injury Prevention and
Control, the National Institute of Mental Health, the National Suicide
Prevention Lifeline, the Substance Abuse and Mental Health Services
Administration, and the Division of Behavioral Health of the Indian
Health Services, shall provide for the planning and implementation of a
national public-private partnership for an education campaign to raise
awareness of the Voluntary Purchase Delay Database established under
section 925B of title 18, United States Code, that, at a minimum--
(1) provides information about this Act;
(2) explains how an individual may add his or her name to
the database, and the effects of doing so; and
(3) provides information about how to relinquish a firearm
(as defined in section 921 of such title).
SEC. 5. RULE OF INTERPRETATION.
This Act and the amendments made by this Act shall not be
interpreted to create a duty or obligation of any mental health
professional, and a mental health professional shall not be held liable
in a civil action arising from an act or omission relating to the
Voluntary Purchase Delay Database established under section 925B of
title 18, United States Code, except that this sentence shall not be
interpreted to exempt a mental health professional from liability for
penalties for intentional misuse of the database. In this section, the
term ``mental health professional'' means a person who is licensed,
certified, or otherwise recognized or authorized under State law to
provide mental health services, including a psychiatrist, psychologist,
or clinical social worker.
SEC. 6. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect 1
year after the date of enactment of this Act.
SEC. 7. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or
any application of such provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of the
provisions of this Act and the amendments made by this Act, and the
application of the provision or amendment to any other person or
circumstance, shall not be affected.
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