,,ii  #aafth ,,congress  #ast ,session  
,s4 #acca  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,may #f1       
#bjai,mr4 ,grassley 7for himself1 ,mr4  
,manchin1 ,ms4 ,murkowski1 ,mr4 ,crapo1 
,mr4 ,risch1 ,mr4 ,cramer1 and ,ms4     
,ernst7 introduced the following bill2  
which was read twice and referred to the
 ,committee on ,veterans' ,affairs  ,a  
,,bill  ,to provide additional          
protections for our veterans4  #a4      
,short title ,this ,act may be cited as 
the ,veterans' ,second ,amendment       
,rights ,restoration ,act of #bjai4  #b4
 ,additional protections for our        
veterans  7a7 ,in general ,chapter #ee  
of title #ch1 ,united ,states ,code1 is 
amended by adding at the end the        
following new section3  #eeaa4          
,conditions for treatment of certain    
persons as adjudicated mentally         
incompetent for certain purposes  7a7   
,in general  7#a7 ,beginning on the date
 of enactment of this section1 in any   
case arising out of the administration  

by the ,secretary of laws and benefits  
under this title1 the ,secretary shall  
not determine a person to be adjudicated
 as a mental defective under subsection 
7d77#d7 or 7g77#d7 of section #ibb of   
title #ah unless the ,federal           
,government has met the burden of       
proving1 by clear and convincing        
evidence1 that the person is a danger to
 self or others4  7#b7 ,the process to  
determine whether such person is a      
danger to self or others1 as set forth  
in this section1 shall proceed only     
after the ,department has determined    
that a person requires the assignment of
 a fiduciary due to a finding of mental 
incompetency4  7#c7 ,a person who is    
subject to the process set forth in this
 section that may result in a finding   
that he or she is a danger to self or   
others shall be provided formal notice  
and a process by which to challenge the 
,federal ,government's position1 and    
shall be provided written notice of the 
effect of the ruling with respect to    

their ability to own and possess        
firearms and the protections granted    
under this section4  7b7 ,determination 
of dangerousness  7#a7 ,the process by  
which a person may be determined to be a
 danger to self or others shall be      
initiated1 with the exception of those  
persons described in subsection 7i77#a71
 only after the ,department has         
determined that a person requires the   
assignment of a fiduciary due to a      
finding of mental incompetency and if   
the ,department has a reasonable basis  
based on articulable facts that a person
 may be a danger to self or others4     
,after such reasonable basis is found1  
the ,department may then proceed to     
formally determine1 based on clear and  
convincing evidence1 whether such person
 is a danger to self or others for      
purposes of reporting to the ,national  
,instant ,criminal ,background ,check   
,system4  7#b7 ,factors ,to consider in 
the course of determining a reasonable  
basis ,in analyzing whether a reasonable

 basis exists that a person is a danger 
to self or others1 the ,department may  
consider all records reviewed in the    
course of assigning a fiduciary4 ,once  
that reasonable basis is found to exist1
 the ,department may then proceed to    
formally determine1 based on clear and  
convincing evidence1 whether a person is
 a danger to self or others for purposes
 of reporting to the ,national ,instant 
,criminal ,background ,check ,system4   
7#c7 ,factors ,to consider in the course
 of determining whether a person is a   
danger to self or others  7,a7 ,in      
analyzing whether a person is a danger  
to self or others1 the ,department may  
consider all records reviewed in the    
course of assigning a fiduciary and a   
person's existing medical records4  7,b7
 ,in analyzing whether a person is a    
danger to self or others1 the           
,department may consider a current      
statement from the beneficiary's primary
 health physician assessing the         
beneficiary's current and past 7#e year 

period preceding the initiation of this 
process7 mental health status1          
specifically whether the beneficiary has
 ever been a danger to self or others4  
,a statement shall be considered current
 if it is based upon an assessment      
conducted during the #ij-;day period    
immediately preceding the initiation of 
the ,medical ,review4  7,c7 ,in         
analyzing whether a person is a danger  
to self or others1 the ,department may  
consider the beneficiary's reputation1  
as provided in statements and other     
evidence relating to the beneficiary4   
,these statements must identify the     
person supplying the information2       
provide the person's complete contact   
information1 to include a current       
address and telephone number2 and       
describe the person's relationship with 
the beneficiary and frequency of        
contact4 ,specifically1 the person      
providing such a statement shall        
indicate whether the beneficiary has a  
reputation for violence and explain why 

the beneficiary is a danger to self or  
others4  7,d7 ,in analyzing whether a   
person is a danger to self or others1   
the ,department may consider other      
factors reasonably bearing on whether   
such person is a danger to self or      
others4  7,e7 ,if after review of       
evidence acquired in paragraph 7#c7 the 
,department finds based on clear and    
convincing evidence that a person is a  
danger to self or others1 the           
,department shall proceed to subsection 
7c7 to initiate a formal process to     
notify such person4  7#d7 ,if a         
conclusion by the ,department that a    
person is a danger to self or others is 
not made in accordance with paragraph   
7#a7 through 7#c71 the ,federal         
,government shall not begin the process 
to find that such person is a danger to 
self or others4  7c7 ,process ,if a     
conclusion that a person is a danger to 
self or others is made under subsection 
7b71 not later than #cj days after that 
date on which such conclusion is made1  

the ,department shall provide notice to 
the person1 in writing1 of the medical  
finding1 the rights and protections     
afforded by this section1 and the effect
 of a future administrative or judicial 
ruling with respect to the ability of   
the person to own and possess firearms4 
7d7 ,administrative review  7#a7 7,a7   
,except as provided in subsection 7i71  
not later than #fj days after the date  
on which a person described in          
subsection 7a7 receives notice of the   
pendency of the ,federal ,government    
action to determine whether or not such 
person is a danger to self or others1   
such person may request a review by the 
board designed or established under     
paragraphs 7#b7 and 7#c7 or a court of  
competent jurisdiction to determine     
whether such person is a danger to self 
or others4  7,b7 ,if such person does   
not specify a forum1 the ,federal       
,government shall choose the forum4     
7,c7 ,in such assessment1 the board may 
consider the person's honorable         

discharge or decoration and other       
mitigating factors reasonably bearing on
 whether such person is a danger to self
 or others4  7#b7 ,not later than #abj  
days after the date of enactment of this
 section1 the ,secretary shall designate
 or establish a board that shall1 upon  
request of a person under subsection    
7a71 make a determination after both    
parties have presented their case as to 
whether a person is a danger to self or 
others4  7#c7 ,the board shall consist  
of three individuals1 who shall either  
be retired ,federal or ,state judges in 
good standing or administrative law     
judges appointed under section #caje of 
title #e in good standing1 for a term of
 two years each and a majority decision 
shall control4  7#d7 ,a determination by
 the board designated or established    
under paragraph 7#b7 or by a court of   
competent jurisdiction that a person    
does not meet the standard under        
subsection 7f7 shall preclude the       
,secretary from reporting such person to

 the ,national ,instant ,criminal       
,background ,check ,system for the      
purpose of prohibiting the acquisition1 
receipt1 transfer1 shipment1            
transportation1 or possession of        
firearms or ammunition4  7#e7 7,a7 ,not 
later than #ij days after the date on   
which the person or ,federal ,government
 chooses the administrative review      
process1 the board shall make a         
determination4  7,b7 ,if the board does 
not make a determination within the     
required #ij-;day period1 the ,secretary
 shall not report the person to the     
,national ,instant ,criminal ,background
 ,check ,system for the purpose of      
prohibiting the acquisition1 receipt1   
transfer1 shipment1 transportation1 or  
possession of firearms or ammunition4   
7e7 ,judicial review  7#a7 ,not later   
than #de days after the date on which an
 assessment of a person under subsection
 7d7 is made1 such person or the        
,federal ,government may file a petition
 for judicial review of the board's     

determination with a court of competent 
jurisdiction4  7#b7 ,a court shall      
review a case under paragraph 7#a7 de   
novo4  7f7 ,burden of proof ,the burden 
of proof for all actions arising under  
this section shall be on the ,federal   
,government to prove1 based on clear and
 convincing evidence1 that a person is a
 danger to self or others and such      
burden shall be met before the person   
may be adjudicated as a mental defective
 under subsection 7d77#d7 or 7g77#d7 of 
section #ibb of title #ah4  7g7         
,emergency order  7#a7 7,a7 ,in the case
 of a person who the ,secretary believes
 may be an imminent danger to self or   
others1 the ,secretary may file an      
emergency petition in a court of        
competent jurisdiction to seek a        
temporary order prohibiting the         
acquisition1 receipt1 transfer1         
shipment1 transportation1 or possession 
of firearms or ammunition1 if the       
,secretary has already transmitted the  
notification letter described in        

subsection 7c74  7,b7 ,the court in     
which an action is filed under          
subparagraph 7,a7 may1 if the court     
finds probable cause exists that a      
person is an imminent danger to self or 
others1 grant such petition4  7,c7 ,the 
,secretary shall submit to the court the
 information and documents1 in          
unredacted form1 that support the       
,secretary's position4  7#b7 ,except as 
provided in paragraph 7#c71 an emergency
 order issued under this subsection     
shall expire on the earlier of-- 7,a7   
the date that is #ij days after the date
 on which the order is issued2 or  7,b7 
the date on which a determination is    
made by the board established under     
subsection 7d77#b7 or a court of        
competent jurisdiction as to whether the
 person is a danger to self or others4  
7#c7 ,the court may1 in its discretion1 
extend an order issued under this       
subsection for not more than #cj days4  
7h7 ,regulatory changes ,consistent with
 the requirements imposed under this    

section1 the ,secretary shall review all
 relevant regulations and revise such   
regulations as necessary4  7i7 ,persons 
with existing records  7#a7 ,for persons
 with existing records in the ,national 
,instant ,criminal ,background ,check   
,system database supplied by the        
,secretary as of the date of enactment  
of this section1 not later than #ij days
 after such date of enactment1 the      
,secretary shall provide written notice 
of the opportunity for administrative   
review or judicial review consistent    
with this section4  7#b7 ,each person   
described in paragraph 7#a7 may1 at any 
time1 request administrative review     
under subsection 7d7 or judicial review 
by a court of competent jurisdiction to 
challenge the placement of the person in
 the ,national ,instant ,criminal       
,background ,check ,system database     
consistent with the procedures and      
standards set forth in this section4    
7#c7 ,in an action under this           
subsection1 the failure of the ,federal 

,government to prove1 based on clear and
 convincing evidence1 that a person is a
 danger to self or others consistent    
with the procedures in this section     
shall result in the removal of such     
person's information from the ,national 
,instant ,criminal ,background ,check   
,system database4  7j7 ,new and material
 evidence ,a person or the ,federal     
government may reopen a finally         
adjudicated case by submitting new and  
material evidence consistent with this  
section4  7k7 ,definitions ,in this     
section-- 7#a7 the term court of        
competent jurisdiction means the        
district court of the ,united ,states   
for the district in which the person who
 is subject to the assessment or        
determination resides2 and  7#b7 the    
term danger to self or others means1 in 
relation to a person1 the person is     
likely to use1 carry1 or possess a      
firearm in a manner dangerous to himself
 or the public due to mental illness1   
condition1 or disease4  4  7b7 ,clerical

 amendment ,the table of sections at the
 beginning of chapter #ee of such title 
is amended by adding at the end the     
following new item3  #eeaa4 ,conditions 
for treatment of certain persons as     
adjudicated mentally incompetent for    
certain purposes4  4  7c7 ,applicability
  7#a7 ,determinations before date of   
enactment ,section #eeaa of title #ch1  
,united ,states ,code1 as added by      
subsection 7a71 shall apply with respect
 to all persons who are determined by   
the ,secretary of ,veterans ,affairs to 
be mentally incompetent as of the date  
of enactment of this ,act4  7#b7        
,determinations after date of enactment 
,after the date of enactment of this    
,act1 in any case arising out of the    
administration by the ,secretary of laws
 and benefits under title #ch1 ,united  
,states ,code1 for persons determined to
 be a danger to self or others1 such    
determination shall be made consistent  
with section #eeaa of title #ch1 ,united
 ,states ,code1 as added by subsection  

7a74