Govwatch

Introduced

In Committee

Passed One Chamber

4

Passed Both

5

Signed into Law

Sponsor

Mike Bost

Republican · IL · Representative

Votes with party: 97.6% (545 recorded votes)

Full profile: /officials/B001295

Source: Congress.gov · FEC

Cosponsors (70)

Members who have signed on to support this bill since introduction. Source: Congress.gov.

Latest Action

The most recent step in the bill's legislative path. Committee Activity below shows referrals and reports; the full action-by-action history including floor proceedings lives at Congress.gov →

Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.

2026-06-02

Source: Congress.gov

Committee Activity

Currently in

Senate Committee on Veterans' AffairsReferred To · 2026-06-02

Previously

House Committee on Veterans' AffairsUnknown · 2026-05-21
House Committee on Veterans' AffairsReported By · 2025-06-05
House Committee on Veterans' AffairsMarkup By · 2025-05-06
House Committee on Veterans' AffairsReferred To · 2025-02-06

Plain-English Summary

Veterans 2nd Amendment Protection Act This bill prohibits the Department of Veterans Affairs (VA) from transmitting certain information to the National Instant Criminal Background Check System (NICS) utilized by licensed importers or dealers of firearms. Specifically, the bill prohibits the VA from transmitting personally identifying information of a veteran or a beneficiary to the NICS solely on the basis that such veteran or beneficiary has an appointed fiduciary to manage their benefits, unless there is an order or finding of a judicial authority that such veteran or beneficiary is a danger to themselves or others.

Plain-English rewrite of the Congressional Research Service summary published on Congress.gov. Cached and reviewed.

Subjects

Armed Forces and National Security

Full Bill Text

Verbatim text published on Congress.gov via GovInfo. Use Cmd+F / Ctrl+F to search within this excerpt.

[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…

Show the remaining 598 words

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

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