119-hr1041

[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