119-hr496

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 496 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 496

 To direct the Secretary of Veterans Affairs to notify the Attorney 
 General that basis for the transmission of certain information to the 
 Department of Justice for use by the national instant criminal 
 background check system was improper, does not apply, or no longer 
 applies, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 January 16, 2025

 Mr. Crane introduced the following bill; which was referred to the 
Committee on Veterans' Affairs, and in addition to the Committee on the 
 Judiciary, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
 jurisdiction of the committee concerned

_______________________________________________________________________

 A BILL

 To direct the Secretary of Veterans Affairs to notify the Attorney 
 General that basis for the transmission of certain information to the 
 Department of Justice for use by the national instant criminal 
 background check system was improper, does not apply, or no longer 
 applies, 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 ``Veterans 2nd Amendment Restoration 
Act of 2025''.

SEC. 2. 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.

 The Secretary of Veterans Affairs shall, within 30 days of 
enactment of this Act, and in accordance with 

section 40901

    (e)

    (1)
            (D) of 
title 34, United States Code, notify the Attorney General that the 
basis for the transmittal, on or after November 30, 1993, by the 
Secretary of Veterans Affairs, 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 38, United States Code, 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, was improper, does not 
apply, or no longer applies.

SEC. 3. DETERMINATION BY THE SECRETARY OF VETERANS AFFAIRS THAT A 
 PERSON IS MENTALLY INCOMPETENT IS INSUFFICIENT TO TREAT 
 SUCH PERSON AS A MENTAL DEFECTIVE FOR CERTAIN PURPOSES 
 REGARDING FIREARMS OR AMMUNITION.

 For purposes of 

section 922 of title 18, United States Code, a 
person shall not be treated as having been adjudicated as a mental 
defective solely on the basis that the Secretary of Veterans Affairs 
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 title 38, 
 United States Code.
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