S. 4888 — Introduced in Senate

II 116th CONGRESS 2d Session S. 4888 IN THE SENATE OF THE UNITED STATES November 10, 2020Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL 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. 1. Short title This Act may be cited as the Veterans 2nd Amendment Protection Act. 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: 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), 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. .