VETERANS 2ND AMENDMENT PROTECTION ACT

On 2026-05-21, Representative Mike Bost (R-IL-12) delivered a floor speech titled "VETERANS 2ND AMENDMENT PROTECTION ACT" in the House.

VETERANS 2ND AMENDMENT PROTECTION ACT

Congressional Record, Volume 172 Issue 87 (Thursday, May 21, 2026) [Congressional Record Volume 172, Number 87 (Thursday, May 21, 2026)] [House] [Pages H3684-H3692] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] VETERANS 2ND AMENDMENT PROTECTION ACT Mr. BOST. Mr. Speaker, pursuant to House Resolution 1300, I call up the bill (H.R. 1041) 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 ask for its immediate consideration in the House. The Clerk read the title of the bill. The SPEAKER pro tempore. Pursuant to House Resolution 1300, the amendment in the nature of a substitute recommended by the Committee on Veterans' Affairs, printed in the bill, is adopted and the bill, as amended, is considered read. The text of the bill, as amended, is as follows: H.R. 1041 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 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.''. [[Page H3685]] 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''. The SPEAKER pro tempore. The bill, as amended, shall be debatable for 1 hour, equally divided and controlled by the chair and ranking minority member of the Committee on Veterans' Affairs, or their respective designees. The gentleman from Illinois (Mr. Bost) and the gentleman from California (Mr. Takano) each will control 30 minutes. The Chair recognizes the gentleman from Illinois. General Leave Mr. BOST. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and insert extraneous material in the Record on H.R. 1041, as amended. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Illinois? There was no objection. Mr. BOST. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise today in strong support of my bill, H.R. 1041, as amended, the Veterans 2nd Amendment Protection Act. The choice before the House today is clear: whether those who defended our freedom deserve the same constitutional protection as nonveterans. This past February, President Trump and Secretary Collins answered that question with a resounding yes. VA overturned a longstanding policy of automatically reporting veterans and beneficiaries to the FBI's National Instant Criminal Background Check System, also called NICS, simply because they needed help managing their VA benefits. VA reported them not because they committed a crime or because a judge or a medical professional determined they were a danger to themselves or others. VA reported them to NICS simply because they needed help managing their benefits. That was the policy for over three decades, Mr. Speaker. I have been working on this issue for 10 years because I know that this interpretation of the law is wrong. That is why I have long- championed this bill, as well as my bipartisan provision in this, the yearly VA appropriation bill, to prohibit VA's fiduciary program from reporting veterans' names to NICS. This is a bill about due process. Most importantly, it is about protecting our veterans' Second Amendment rights. It is time we put a permanent end to the practice of treating our veterans' Second Amendment rights as an option and pass H.R. 1041. This bill would codify the policy rider that was included in the MILCON appropriation bill that passed the House last week. As a veteran and sportsman, I believe it is a gross violation of due process to say that a veteran with a fiduciary should be treated as a second-class citizen. Our veterans raise their right hands to defend the constitutional rights of American citizens. I know because I was one of them, and I took that responsibility seriously. {time} 1220 Yet, when the question came before our committee on whether it would defend their rights, Ranking Member Takano and our colleagues on the other side of the aisle voted ``no.'' Mr. Speaker, it is an unfortunate fact that some Members in this Chamber plan to defend this discriminatory practice. Generally, a civilian cannot lose their Second Amendment rights without involvement from a judge, but veterans did for three decades. Democrats would prefer they continue to. A veteran goes to the VA to ask for help, and the VA bureaucracy answers ``yes,'' but only in exchange for your Second Amendment rights. Mr. Speaker, that is not due process. This is an antigun, antiveteran agenda. If a veteran poses a legitimate threat to themselves or others, judges already have legal tools available to them. Let me say that again. Judges already have legal tools available to them. A veteran should receive the same rights as every other American. There is also something else that I want to raise: the false assumption that disabled veterans are dangerous and the harmful assumption that the capacity to manage your finances has any bearing on dangerousness or that you are dangerous, as well. Those sorts of cartoon-like simplifications cause those with disabilities to face extra hurdles when exercising their rights. It is unacceptable, and, as a veteran, I am not going to stand for it anymore. There is no evidence that these veterans are more dangerous to themselves or others simply because they need help managing their benefits. Holding veterans to the evidence-less standard is outrageous. Frankly, it paints the veterans' mental health issues in a way that should concern everyone. Over 200,000 veterans were reported to the NICS list under this practice. Let me 

Referenced legislation: HR1041, HR1041, HRES1300, HR4366