II 116TH CONGRESS 2D SESSION S. 4888 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 SENATE OF THE UNITED STATES NOVEMBER 10, 2020 Mr. KENNEDY introduced the following bill; which was read twice and 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 04:33 Nov 24, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4888.IS S4888 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 4888 IS 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 (34 U.S.C. 40901), personally identifiable information of 17 a beneficiary, solely on the basis of a determination by 18 the Secretary to pay benefits to a fiduciary for the use 19 and benefit of the beneficiary under section 5502 of this 20 title, without the order or finding of a judge, magistrate, 21 or other judicial authority of competent jurisdiction that 22 such beneficiary is a 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 04:33 Nov 24, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4888.IS S4888 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 4888 IS 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 04:33 Nov 24, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S4888.IS S4888 pbinns on DSKJLVW7X2PROD with BILLS