IB 
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 Jus-
tice 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. HIG-
GINS
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 
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[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 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. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Veterans 2nd Amend-
ment Protection Act’’. 
SEC. 2. PROHIBITION ON SECRETARY OF VETERANS AF-
FAIRS TRANSMITTAL OF CERTAIN INFORMA-
TION 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: 
‘‘§ 5501B. Prohibition on transmittal of certain infor-
mation to the Department of Justice for 
use by the national instant criminal back-
ground 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), per-
sonally 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 
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under section 5502 of this title, without the order or finding 
of a judge, magistrate, or other judicial authority of com-
petent 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 in-
serting 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 SEC-
RETARY OF VETERANS AFFAIRS TO HAVE 
TRANSMITTED CERTAIN INFORMATION TO 
THE DEPARTMENT OF JUSTICE FOR USE BY 
THE NATIONAL INSTANT CRIMINAL BACK-
GROUND CHECK SYSTEM. 
(a) IN GENERAL.—Such chapter (as amended by sec-
tion 2) is further amended by inserting after section 5501B 
the following new section: 
‘‘§ 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 ac-
cordance with section 103(e)(1)(D) of the Brady Handgun 
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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 informa-
tion 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 Vio-
lence 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 IN-
COMPETENT 
IS 
INSUFFICIENT 
TO 
TREAT 
SUCH PERSON AS A MENTAL DEFECTIVE. 
(a) IN GENERAL.—Such chapter (as amended by sec-
tions 2 and 3) is further amended by inserting after section 
5501C the following new section: 
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‘‘§ 5501D. Determination of mental incompetence is in-
sufficient 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 relat-
ing to section 5501C the following new item: 
‘‘5501D. Determination of mental incompetence is insufficient basis to treat a per-
son 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 Vet-
erans Affairs from transmitting certain information to 
the Department of Justice for use by the national instant 
criminal background check system, and for other pur-
poses.’’. 
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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 transmit-
ting 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 or-
dered to be printed 
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