II 

115TH CONGRESS 

1ST SESSION S. 2094 

To require the prompt reporting for national instant criminal background 

check system purposes of members of the Armed Forces convicted of 

domestic violence offenses under the Uniform Code of Military Justice, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 8, 2017 

Mr. FLAKE (for himself, Mr. HEINRICH, and Mrs. SHAHEEN) introduced the 

following bill; which was read twice and referred to the Committee on 

Armed Services 

A BILL 

To require the prompt reporting for national instant criminal 

background check system purposes of members of the 

Armed Forces convicted of domestic violence offenses 

under the Uniform Code of Military Justice, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Domestic Violence 

5 Loophole Closure Act’’. 


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1 SEC. 2. PROMPT REPORTING FOR NATIONAL INSTANT 

2 CRIMINAL BACKGROUND CHECK SYSTEM 

3 PURPOSES OF MEMBERS OF THE ARMED 

4 FORCES CONVICTED OF DOMESTIC VIO5 LENCE OFFENSES UNDER THE UNIFORM 

6 CODE OF MILITARY JUSTICE. 

7 (a) REPORTING REQUIRED.—Under regulations and 

8 procedures prescribed by the Secretary of Defense, each 

9 Secretary concerned shall submit to the Attorney General 

10 for inclusion in the national instant criminal background 

11 check system the name and other appropriate information 

12 on each member of the Armed Forces under the jurisdic13 tion of such Secretary who— 

14 (1) has been convicted of an offense under 

15 chapter 47 of title 10, United States Code (the Uni16 form Code of Military Justice), for conduct that 

17 would constitute an offense of domestic violence 

18 against a spouse, domestic partner, or dependent 

19 child under State law; or 

20 (2) has entered into a plea agreement accepting 

21 liability for an offense described in paragraph (1). 

22 (b) DEADLINE FOR REPORTING.—The name and 

23 other information on a member required to be submitted 

24 pursuant to subsection (a) shall be submitted not later 

25 than three days after the following (as applicable): 


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1 (1) The date of entry of judgment with respect 

2 to the member for the offense concerned in the case 

3 of a general court-martial or special court-martial. 

4 (2) The date of judgment with respect to the 

5 member for the offense concerned in the case of a 

6 summary court-martial. 

7 (3) The date of acceptance of the plea agree8 ment of the member with respect to the offense con9 cerned by the military judge. 

10 (c) FAILURE TO SUBMIT.—If the Secretary con11 cerned does not submit the name and other information 

12 on a member required by subsection (a) within the dead13 line provided by subsection (b), the Secretary shall, as 

14 soon as practicable after the deadline, submit to Congress 

15 in writing a notice on the lack of submittal within the 

16 deadline, including an explanation for the lack of sub17 mittal within the deadline and a statement when the name 

18 and other information will be so submitted. 

19 (d) REGULATIONS AND PROCEDURES.— 

20 (1) OFFENSES.—The regulations prescribed by 

21 the Secretary of Defense pursuant to subsection (a) 

22 shall set forth the offenses under chapter 47 of title 

23 10, United States Code, that would constitute an of24 fense of domestic violence against a spouse, domestic 

25 partner, or dependent child under State law for purVerDate Sep 11 2014 21:58 Nov 09, 2017 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2094.IS S2094

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1 poses of subsection (a). The offenses so prescribed 

2 shall be uniform throughout the United States. 

3 (2) UNIFORMITY ACROSS ARMED FORCES.—The 

4 regulations and procedures prescribed pursuant to 

5 subsection (a) shall apply uniformly across the 

6 Armed Forces. 

7 (e) ANNUAL REPORTS ON COMPLIANCE.—Not later 

8 than February 15 each year, the Inspector General of the 

9 Department of Defense shall, in consultation with the 

10 Comptroller General of the United States, submit to Con11 gress a report setting forth a description and assessment 

12 of the compliance of the Secretaries concerned with the 

13 requirements of this section during the preceding year, in14 cluding a description and assessment of the accuracy, 

15 completeness, and timeliness of the information submitted 

16 by the Secretaries concerned to the Attorney General 

17 under this section during such year. 

18 (f) REPORT ON REMEDIATION OF DEFICIENCIES IN

19 SYSTEM.—Not later than 180 days after the date of the 

20 enactment of this Act, the Secretary of Defense shall sub21 mit to Congress a report setting forth a description of the 

22 actions taken, and to be taken, in order to ensure that 

23 the information in the national instant criminal back24 ground check system on members and former members of 

25 the Armed Forces fully and accurately covers the members 


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1 and former members who have been convicted of an of2 fense or entered into a plea agreement described in sub3 section (a) as of the date of the report. 

4 (g) DEFINITIONS.—In this section: 

5 (1) The term ‘‘national instant criminal back6 ground check system’’ means the system established 

7 under section 103 of the Brady Handgun Violence 

8 Prevention Act (34 U.S.C. 40901). 

9 (2) The term ‘‘Secretary concerned’’ has the 

10 meaning given that term in section 101(a)(9) of title 

11 10, United States Code. 

12 SEC. 3. CLARIFICATION OF APPLICABILITY OF PROHIBI13 TION ON POSSESSION AND TRANSPORTATION 

14 OF FIREARMS AND AMMUNITION BY INDIVID15 UALS CONVICTED OF MISDEMEANOR CRIMES 

16 OF DOMESTIC VIOLENCE TO INDIVIDUALS 

17 CONVICTED OF SIMILAR OFFENSES UNDER 

18 THE UNIFORM CODE OF MILITARY JUSTICE. 

19 Section 922(g)(9) of title 18, United States Code, is 

20 amended by inserting before the comma at the end the 

21 following: ‘‘, or has been convicted by court-martial of an 

22 offense under chapter 47 of title 10 (the Uniform Code 

23 of Military Justice) for conduct that would constitute such 

24 a crime under State law’’. 

Æ 


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