Text: H.R.3826 — 116th Congress (2019-2020)All Information (Except Text)

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Introduced in House (07/18/2019)


116th CONGRESS
1st Session
H. R. 3826


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

July 18, 2019

Mr. David P. Roe of Tennessee (for himself, Mr. Peterson, Mr. Bost, Mr. Meuser, Mr. Banks, and Mr. Bilirakis) introduced the following bill; which was referred to the Committee on Veterans' Affairs


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:

§ 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, 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.”.