II
119THCONGRESS
1
STSESSION S. 478
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 SENATE OF THE UNITED STATES
FEBRUARY6 (legislative day, FEBRUARY5), 2025
Mr. K
ENNEDY(for himself, Mr. MORAN, Mr. GRASSLEY, Mr. DAINES, Mrs.
B
LACKBURN, Mr. RICKETTS, Mr. ROUNDS, Mr. CRAMER, Mr. BANKS,
Mr. T
ILLIS, Mr. CASSIDY, Mr. BOOZMAN, Mr. SCOTTof Florida, Mr.
T
UBERVILLE, Ms. MURKOWSKI, and Mr. SHEEHY) introduced the fol-
lowing bill; which was read twice and referred to the Committee on Vet-
erans’ Affairs
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.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Veterans 2nd Amend-4
ment Protection Act of 2025’’. 5
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•S 478 IS
SEC. 2. PROHIBITION ON SECRETARY OF VETERANS AF-1
FAIRS TRANSMITTAL OF CERTAIN INFORMA-2
TION TO THE DEPARTMENT OF JUSTICE FOR 3
USE BY THE NATIONAL INSTANT CRIMINAL 4
BACKGROUND CHECK SYSTEM. 5
(a) I
NGENERAL.—Chapter 55 of title 38, United 6
States Code, is amended by inserting after section 5501A 7
the following new section: 8
‘‘§ 5501B. Prohibition on transmittal of certain infor-9
mation to the Department of Justice for 10
use by the national instant criminal back-11
ground check system 12
‘‘The Secretary may not transmit to any entity in the 13
Department of Justice, for use by the national instant 14
criminal background check system established under sec-15
tion 103 of the Brady Handgun Violence Prevention Act 16
(34 U.S.C. 40901), personally identifiable information of 17
a beneficiary, solely on the basis of a determination by 18
the Secretary to pay benefits to a fiduciary for the use 19
and benefit of the beneficiary under section 5502 of this 20
title, without the order or finding of a judge, magistrate, 21
or other judicial authority of competent jurisdiction that 22
such beneficiary is a danger to themselves or others.’’. 23
(b) C
LERICALAMENDMENT.—The table of sections 24
at the beginning of chapter 55 of such title is amended 25
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•S 478 IS
by inserting after the item relating to section 5501A the 1
following new item: 2
‘‘5501B. Prohibition on transmittal of certain information to the Department
of Justice for use by the national instant criminal background
check system.’’.
Æ
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