[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1041 Reported in House (RH)]
<DOC>
Union Calendar No. 112
119th CONGRESS
1st Session
H. R. 1041
[Report No. 119-143]
To amend title 38, United States Code, to prohibit the Secretary of
Veterans Affairs from transmitting certain information to the
Department of Justice for use by the national instant criminal
background check system.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 6, 2025
Mr. Bost (for himself, Mr. Luttrell, Mr. Bergman, Mrs. Biggs of South
Carolina, Mr. Finstad, Mr. LaHood, Mr. Fulcher, Mr. Edwards, Mr.
Webster of Florida, Mr. Bacon, Mr. Zinke, Mr. Graves, Mr. Newhouse, Ms.
Mace, Ms. Tenney, Mr. Alford, Mr. Van Orden, Mr. Hudson, Mr. Guthrie,
Mr. Roy, Mrs. Cammack, Mr. Kelly of Pennsylvania, Mr. Moolenaar, Mr.
Feenstra, Mr. Bilirakis, Mr. Harris of Maryland, Mrs. Miller-Meeks, Mr.
Babin, Mr. Baird, Mr. Moore of Alabama, Mr. Obernolte, Mr. Amodei of
Nevada, Mr. Crenshaw, Mr. Collins, Mr. Hamadeh of Arizona, Mr.
Grothman, Mr. Jackson of Texas, Mr. Stauber, Mr. Smith of Nebraska, Mr.
Rulli, and Mr. Yakym) introduced the following bill; which was referred
to the Committee on Veterans' Affairs
June 5, 2025
Additional sponsors: Mr. Barrett, Mr. Langworthy, Mrs. Hinson, Mr.
Messmer, Mr. Murphy, Mr. Owens, Mr. Steube, Mrs. Houchin, Mr. Self, Mr.
Barr, Ms. Hageman, Mr. Downing, Mr. Meuser, Mr. Higgins of Louisiana,
Mr. Rogers of Kentucky, Mr. Comer, Ms. Stefanik, Mr. Crank, Mr. Gill of
Texas, Mr. Huizenga, Mr. Moore of North Carolina, Mr. Taylor, Mrs.
Fischbach, Mr. Ezell, Mr. Hurd of Colorado, Mr. Cline, Ms. De La Cruz,
Mr. McDowell, Mr. Harris of North Carolina, and Mr. Rutherford
June 5, 2025
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
February 6, 2025]
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to prohibit the Secretary of
Veterans Affairs from transmitting certain information to the
Department of Justice for use by the national instant criminal
background check system.
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 ``Veterans 2nd Amendment Protection
Act''.
SEC. 2. PROHIBITION ON SECRETARY OF VETERANS AFFAIRS TRANSMITTAL OF
CERTAIN INFORMATION TO THE DEPARTMENT OF JUSTICE FOR USE
BY THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.
(a) In General.--Chapter 55 of title 38, United States Code, is
amended by inserting after section 5501A the following new section:
``Sec. 5501B. Prohibition on transmittal of certain information to the
Department of Justice for use by the national instant
criminal background check system
``The Secretary may not transmit to any entity in the Department of
Justice, for use by the national instant criminal background check
system established under section 103 of the Brady Handgun Violence
Prevention Act (34 U.S.C. 40901; Public Law 103-159; 107 Stat. 1541),
personally identifiable information of a beneficiary, solely on the
basis of a determination by the Secretary to pay benefits to a
fiduciary for the use and benefit of the beneficiary under section 5502
of this title, without the order or finding of a judge, magistrate, or
other judicial authority of competent jurisdiction that such
beneficiary is a danger to themselves or others.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 55 of such title is amended by inserting after the item
relating to section 5501A the following new item:
``5501B. Prohibition on transmittal of certain information to the
Department of Justice for use by the
national instant criminal background check
system.''.
SEC. 3. NOTIFICATION OF LACK OF BASIS FOR THE SECRETARY OF VETERANS
AFFAIRS TO HAVE TRANSMITTED CERTAIN INFORMATION TO THE
DEPARTMENT OF JUSTICE FOR USE BY THE NATIONAL INSTANT
CRIMINAL BACKGROUND CHECK SYSTEM.
(a) In General.--Such chapter (as amended by section 2) is further
amended by inserting after section 5501B the following new section:
``Sec. 5501C. Notification of lack of basis for transmittal of certain
information to the Department of Justice for use by the
national instant criminal background check system
``The Secretary shall, within 30 days of the enactment of the
Veterans 2nd Amendment Protection Act, and in accordance with section
103(e)(1)(D) of the Brady Handgun Violence Prevention Act (34 U.S.C.
40901(e)(1)(D); Public Law 103-159; 107 Stat. 1541), notify the
Attorney General that the basis for the transmittal, on or after
November 30, 1993, by the Secretary, of personally identifiable
information of a beneficiary, solely on the basis of a determination by
the Secretary to pay benefits to a fiduciary for the use and benefit of
the beneficiary under section 5502 of this title, to any entity in the
Department of Justice, for use by the national instant criminal
background check system established under section 103 of the Brady
Handgun Violence Prevention Act (34 U.S.C. 40901; Public Law 103-159;
107 Stat. 1541), does not apply, or no longer applies.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter (as amended by section 2) is further amended by inserting
after the item relating to section 5501B the following new item:
``5501C. Notification of lack of basis for transmittal of certain
information to the Department of Justice
for use by the national instant criminal
background check system.''.
SEC. 4. DETERMINATION BY THE SECRETARY OF VETERANS AFFAIRS THAT A
PERSON IS MENTALLY INCOMPETENT IS INSUFFICIENT TO TREAT
SUCH PERSON AS A MENTAL DEFECTIVE.
(a) In General.--Such chapter (as amended by sections 2 and 3) is
further amended by inserting after section 5501C the following new
section:
``Sec. 5501D. Determination of mental incompetence is insufficient
basis to treat a person as a mental defective
``The Secretary shall not treat a person as having been adjudicated
as a mental defective solely on the basis that the Secretary has
determined that such person--
``(1) is mentally incompetent under section 3.353 of title
38, Code of Federal Regulations (or successor regulation); or
``(2) requires a fiduciary under section 5502 of this
title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter (as amended by sections 2 and 3) is further amended by
inserting after the item relating to section 5501C the following new
item:
``5501D. Determination of mental incompetence is insufficient basis to
treat a person as a mental defective''.
Amend the title so as to read: ``A bill to amend title 38,
United States Code, to prohibit the Secretary of Veterans
Affairs from transmitting certain information to the Department
of Justice for use by the national instant criminal background
check system, and for other purposes.''.
Union Calendar No. 112
119th CONGRESS
1st Session
H. R. 1041
[Report No. 119-143]
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to prohibit the Secretary of
Veterans Affairs from transmitting certain information to the
Department of Justice for use by the national instant criminal
background check system.
_______________________________________________________________________
June 5, 2025
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed