H.R. 1041

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1041 Referred in Senate (RFS)]

<DOC>
119th CONGRESS
2d Session
H. R. 1041

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

June 2, 2026

Received; read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

AN ACT

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.

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.''.

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''.

Passed the House of Representatives May 21, 2026.

Attest:

KEVIN F. MCCUMBER,

Clerk.