Federal

Veterans 2nd Amendment Protection Act

Source: Congress.gov · 837 words in original text

What This Bill Does

This bill prohibits the Secretary of Veterans Affairs from sending personal information about veterans to the Department of Justice for use in the national instant criminal background check system. The prohibition applies only when the Secretary decides to have a fiduciary (a person appointed to manage money) handle a veteran's benefits. The Secretary can still send this information if a judge or other court official has ordered it based on a finding that the veteran is a danger to themselves or others.

Who It Affects

- The Secretary of Veterans Affairs - The Department of Justice - Veterans who receive benefits through a fiduciary arrangement - People who conduct national instant criminal background checks

Key Provisions

- The Secretary of Veterans Affairs cannot transmit personally identifiable information (information that identifies a specific person) to the Department of Justice for the national instant criminal background check system based solely on a decision to pay benefits through a fiduciary. (Sec. 2) - An exception exists: the Secretary can transmit this information if a judge, magistrate, or other qualified court official has issued an order or made a finding that the veteran is a danger to themselves or others. (Sec. 2)

What Changes

If this bill becomes law, the Veterans Affairs department will be legally blocked from automatically reporting veterans to the criminal background check system simply because their benefits are managed by a fiduciary. Currently, the bill text does not explain the existing rule this would change.

Important Definitions

- Fiduciary: a person appointed to manage money or benefits for someone else's use and benefit - Personally identifiable information: information that identifies a specific individual - National instant criminal background check system: the system established under section 103 of the Brady Handgun Violence Prevention Act

Effective Date

Not specified in bill text

IB Union Calendar No. 573 118TH CONGRESS 2D SESSION H. R. 705 [Report No. 118–677] To amend title 38, United States Code, to prohibit the Secretary of Veterans Affairs from transmitting certain information to the Department of Jus- tice for use by the national instant criminal background check system. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 1, 2023 Mr. BOST (for himself, Ms. STEFANIK, Mr. BERGMAN, Ms. MACE, Mr. ROSENDALE, Mrs. MILLER-MEEKS, Mr. MURPHY, Mr. VAN ORDEN, Mr. LUTTRELL, Mr. CISCOMANI, Mr. CRANE, Mr. SELF, Mrs. KIGGANS of Virginia, Mr. ELLZEY, Mr. MANN, Mr. BANKS, Mr. RESCHENTHALER, Mr. KELLY of Pennsylvania, Ms. DE LA CRUZ, Mr. HIGGINS of Lou- isiana, Mr. CRAWFORD, Mr. GAETZ, Mr. WENSTRUP, Mr. BAIRD, Ms. BOEBERT, Mr. FEENSTRA, Mr. JOHNSON of Louisiana, Mr. JACKSON of Texas, Ms. TENNEY, Mr. GUTHRIE, Mr. GOSAR, Mr. NEWHOUSE, Mr. CLINE, Mr. LANGWORTHY, Mr. FINSTAD, Mr. WITTMAN, Mr. BABIN, Mr. CRENSHAW, Mr. MOOLENAAR, Mr. JOYCE of Pennsylvania, Mr. LATURNER, Mr. HUDSON, Mr. WESTERMAN, Mrs. HOUCHIN, Mr. DESJARLAIS, Mrs. FISCHBACH, Mr. CARL, Ms. HAGEMAN, Mr. HUIZENGA, and Mr. LAMBORN) introduced the following bill; which was referred to the Committee on Veterans’ Affairs SEPTEMBER 16, 2024 Additional sponsors: Mr. HARRIS, Mr. HUNT, Mr. JOHNSON of South Dakota, Mr. BILIRAKIS, Mr. TIMMONS, Mr. MOORE of Alabama, Mr. MAST, Mr. ZINKE, Mrs. LESKO, Mr. LAHOOD, Mr. DONALDS, Mr. FERGUSON, Mr. ROY, Mrs. CAMMACK, Mr. JAMES, Mr. MEUSER, Mr. NORMAN, Mr. POSEY, Mr. MOONEY, Mrs. HARSHBARGER, Mr. YAKYM, Mr. WALBERG, Mr. STEUBE, and Mr. VAN DREW SEPTEMBER 16, 2024 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed VerDate Sep 11 2014 00:34 Sep 17, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H705.RH H705 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •HR 705 RH A BILL To amend title 38, United States Code, to prohibit the Sec- retary of Veterans Affairs from transmitting certain in- formation to the Department of Justice for use by the national instant criminal background check system. VerDate Sep 11 2014 00:34 Sep 17, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H705.RH H705 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •HR 705 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Veterans 2nd Amend- 4 ment Protection Act’’. 5 SEC. 2. PROHIBITION ON SECRETARY OF VETERANS AF- 6 FAIRS TRANSMITTAL OF CERTAIN INFORMA- 7 TION TO THE DEPARTMENT OF JUSTICE FOR 8 USE BY THE NATIONAL INSTANT CRIMINAL 9 BACKGROUND CHECK SYSTEM. 10 (a) IN GENERAL.—Chapter 55 of title 38, United 11 States Code, is amended by inserting after section 5501A 12 the following new section: 13 ‘‘§ 5501B. Prohibition on transmittal of certain infor- 14 mation to the Department of Justice for 15 use by the national instant criminal back- 16 ground check system 17 ‘‘The Secretary may not transmit to any entity in the 18 Department of Justice, for use by the national instant 19 criminal background check system established under sec- 20 tion 103 of the Brady Handgun Violence Prevention Act, 21 personally identifiable information of a beneficiary, solely 22 on the basis of a determination by the Secretary to pay 23 benefits to a fiduciary for the use and benefit of the bene- 24 ficiary under section 5502 of this title, without the order 25 VerDate Sep 11 2014 00:34 Sep 17, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H705.RH H705 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •HR 705 RH or finding of a judge, magistrate, or other judicial author- 1 ity of competent jurisdiction that such beneficiary is a 2 danger to themselves or others.’’. 3 (b) CLERICAL AMENDMENT.—The table of sections 4 at the beginning of chapter 55 of such title is amended 5 by inserting after the item relating to section 5501A the 6 following new item: 7 ‘‘5501B. Prohibition on transmittal of certain information to the Department of Justice for use by the national instant criminal background check system.’’. VerDate Sep 11 2014 00:34 Sep 17, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\H705.RH H705 kjohnson on DSK7ZCZBW3PROD with $$_JOB VerDate Sep 11 2014 00:34 Sep 17, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6211 E:\BILLS\H705.RH H705 kjohnson on DSK7ZCZBW3PROD with $$_JOB Union Calendar No. 573 118TH CONGRESS 2D SESSION H. R. 705 [Report No. 118–677] A BILL To amend title 38, United States Code, to prohibit the Secretary of Veterans Affairs from transmit- ting certain information to the Department of Justice for use by the national instant criminal background check system. SEPTEMBER 16, 2024 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed VerDate Sep 11 2014 00:34 Sep 17, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6651 Sfmt 6651 E:\BILLS\H705.RH H705 kjohnson on DSK7ZCZBW3PROD with $$_JOB

Important: This plain English summary was generated by AI and is provided for informational purposes only. It is not legal advice. Always consult the official bill text on Congress.gov or a qualified attorney for legal matters.