I 117TH CONGRESS 1ST SESSION H. R. 1217 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 23, 2021 Mr. BOST (for himself and Ms. CHENEY) 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 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. 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 VerDate Sep 11 2014 20:11 Mar 20, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1217.IH H1217 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 1217 IH SEC. 2. PROHIBITION ON SECRETARY OF VETERANS AF- 1 FAIRS TRANSMITTAL OF CERTAIN INFORMA- 2 TION TO THE DEPARTMENT OF JUSTICE FOR 3 USE BY THE NATIONAL INSTANT CRIMINAL 4 BACKGROUND CHECK SYSTEM. 5 (a) IN GENERAL.—Chapter 55 of title 38, United 6 States Code, is amended by inserting after section 5501A 7 the following new section: 8 ‘‘§ 5501B. Prohibition on transmittal of certain infor- 9 mation to the Department of Justice for 10 use by the national instant criminal back- 11 ground check system 12 ‘‘The Secretary may not transmit to any entity in the 13 Department of Justice, for use by the national instant 14 criminal background check system established under sec- 15 tion 103 of the Brady Handgun Violence Prevention Act, 16 personally identifiable information of a beneficiary, solely 17 on the basis of a determination by the Secretary to pay 18 benefits to a fiduciary for the use and benefit of the bene- 19 ficiary under section 5502 of this title, without the order 20 or finding of a judge, magistrate, or other judicial author- 21 ity of competent jurisdiction that such beneficiary is a 22 danger to themselves or others.’’. 23 (b) CLERICAL AMENDMENT.—The table of sections 24 at the beginning of chapter 55 of such title is amended 25 VerDate Sep 11 2014 20:11 Mar 20, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1217.IH H1217 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 1217 IH by inserting after the item relating to section 5501A the 1 following new item: 2 ‘‘5501B. Prohibition on transmittal of certain information to the Department of Justice for use by the national instant criminal background check system.’’. Æ VerDate Sep 11 2014 20:11 Mar 20, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H1217.IH H1217 pbinns on DSKJLVW7X2PROD with BILLS