[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1258 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 1258
To provide adequate protections for gun owners, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 28, 2023
Mr. Perry introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on
Appropriations, Veterans' Affairs, Ways and Means, and Energy and
Commerce, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide adequate protections for gun owners, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Gun Rights and Due
Process Act''.
SEC. 2. DEFINITIONS RELATING TO MENTAL HEALTH.
(a) Title 18 Definitions.--Chapter 44 of title 18, United States
Code, is amended--
(1) in section 921(a), by adding at the end the following:
``(38)(A) The term `has been adjudicated mentally
incompetent or has been committed to a psychiatric hospital',
with respect to a person--
``(i) means the person is the subject of an order
or finding by a Federal, State, or local judicial
officer or court--
``(I) that was issued after a hearing--
``(aa) of which the person received
actual notice; and
``(bb) at which the person had an
opportunity to participate with
counsel; and
``(II) that found that the person, as a
result of marked subnormal intelligence, mental
impairment, mental illness, mental
incompetency, mental condition, or mental
disease--
``(aa) was guilty but mentally ill
in a criminal case, in a jurisdiction
that provides for such a verdict;
``(bb) was not guilty in a criminal
case by reason of insanity or mental
disease or defect;
``(cc) was incompetent to stand
trial in a criminal case; or
``(dd) was not guilty by reason of
lack of mental responsibility under
section 850a of title 10 (article 50a
of the Uniform Code of Military
Justice); and
``(ii) does not mean--
``(I) an admission to a psychiatric
hospital for observation; or
``(II) a voluntary admission to a
psychiatric hospital.
``(B) For the purposes of this paragraph, the term `order
or finding' does not include--
``(i) an order or finding that has expired, been
dismissed, or expunged;
``(ii) an order or finding that is no longer
applicable because a judicial officer or court has
found that the person who is the subject of the order
or finding--
``(I) does not present a danger to himself
or herself or to others;
``(II) has been restored to sanity or cured
of mental disease or defect;
``(III) has been restored to competency; or
``(IV) no longer requires involuntary
inpatient or outpatient treatment by a
psychiatric hospital; or
``(iii) an order or finding with respect to which
the person who is subject to the order or finding has
been granted relief from disabilities under section
925(c) of this title, under a program described in
section 101(c)(2)(A) or 105 of the NICS Improvement
Amendments Act of 2007 (34 U.S.C. 40911(c)(2)(A); 34
U.S.C. 40915), or under any other State-authorized
relief from disabilities program of the State in which
the original commitment or adjudication occurred.
``(C) For the purposes of this paragraph, the term `actual
notice' means notice that was served to the individually
personally and does not mean notice by publication or other
general means.
``(39) The term `psychiatric hospital' includes a mental
health facility, a mental hospital, a sanitarium, or a
psychiatric facility, including a psychiatric ward in a general
hospital.''; and
(2) in section 922--
(A) in subsection (d)(4)--
(i) by striking ``as a mental defective''
and inserting ``mentally incompetent''; and
(ii) by striking ``any mental institution''
and inserting ``a psychiatric hospital''; and
(B) in subsection (g)(4)--
(i) by striking ``as a mental defective or
who has'' and inserting ``mentally incompetent
or has''; and
(ii) by striking ``mental institution'' and
inserting ``psychiatric hospital''.
(b) Technical and Conforming Amendments.--The NICS Improvement
Amendments Act of 2007 (34 U.S.C. 40902 et seq.) is amended--
(1) by striking ``as a mental defective'' each place that
term appears and inserting ``mentally incompetent'';
(2) by striking ``mental institution'' each place that term
appears and inserting ``psychiatric hospital'';
(3) in section 101(c)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``to the mental health of
a person'' and inserting ``to whether a person is
mentally incompetent''; and
(B) in paragraph (2)--
(i) in subparagraph (A)(i), by striking
``to the mental health of a person'' and
inserting ``to whether a person is mentally
incompetent''; and
(ii) in subparagraph (B), by striking ``to
the mental health of a person'' and inserting
``to whether a person is mentally
incompetent''; and
(4) in section 102(c)(3)--
(A) in the paragraph heading, by striking ``as a
mental defective or committed to a mental institution''
and inserting ``as mentally incompetent or committed to
a mental institution''; and
(B) by striking ``mental institutions'' and
inserting ``psychiatric hospitals''.
SEC. 3. PROTECTING THE SECOND AMENDMENT RIGHTS OF VETERANS.
(a) Definition.--In this section, the term ``covered veteran''
means a person who, on the day before the date of enactment of this
Act, is considered to have been adjudicated as mentally incompetent or
committed to a psychiatric hospital under subsection (d)(4) or (g)(4)
of section 922 of title 18, United States Code, as a result of having
been found by the Secretary of Veterans Affairs to be mentally
incompetent.
(b) Review and Certification.--
(1) Review.--The Secretary of Veterans Affairs shall not
later than 90 days after the date of enactment of this Act,
conduct a review relating to each covered veteran to determine
whether the proceedings for the adjudication or commitment of
the covered veteran were conducted in accordance with, and
resulted in an order or finding described in, section
921(a)(38) of title 18, United States Code (as added by this
Act).
(2) Certification.--The Secretary of Veterans Affairs shall
certify that the proceedings under paragraph (1) were conducted
in accordance with, and resulted in an order or finding
described in, section 921(a)(38) of title 18, United States
Code (as added by this Act), ensure that the records of the
covered veteran used for purposes of any determination of
whether the covered veteran is disqualified from possessing or
receiving a firearm under subsection (g) or (n) of section 922
of title 18, United States Code, are modified to indicate that
the covered veteran has not been adjudicated mentally
incompetent or committed to a psychiatric hospital.
(c) Enforcement.--
(1) Identification of inaccurate records.--Not later than
January 1 of each year, the Attorney General shall--
(A) review the record of each person who is
considered to have been adjudicated mentally
incompetent or committed to a psychiatric hospital by
the Secretary of Veterans Affairs under subsection
(d)(4) or (g)(4) of section 922 of title 18, United
States Code, as a result of having been found by the
Secretary of Veterans Affairs to be mentally
incompetent;
(B) identify each record reviewed under
subparagraph (A) that does not include documentation
indicating that the proceedings for the adjudication or
commitment were conducted in accordance with, and
resulted in an order or finding described in section
921(a)(38) of title 18, United States Code, as added by
this Act; and
(C) submit to the Secretary of the Treasury and the
Committee on the Judiciary and the Committee on
Veterans' Affairs of the House of Representatives and
the Committee on the Judiciary and the Committee on
Veterans' Affairs of the Senate a report providing the
number of records identified under subparagraph (B) in
the previous year.
(2) Rescission.--Effective on the date on which the
Attorney General submits a report under paragraph (1)(C), there
is rescinded from the unobligated balances in the
appropriations account appropriated under the heading ``general
administration'' under the heading ``Departmental
Administration'' under the heading ``DEPARTMENT OF VETERANS
AFFAIRS'' the amount equal to the product of--
(A) the number of records that the report states
were identified by the Attorney General under paragraph
(1)(B); and
(B) $10,000.
(d) Appointment of Fiduciaries.--
(1) In general.--Chapter 55 of title 38, United States
Code, is amended by adding at the end the following:
``Sec. 5511. Use of determinations.
``No determination by the Secretary that benefits under this title
to which an individual is entitled shall be paid to a fiduciary shall
be considered to be a determination that the individual has been
adjudicated mentally incompetent for purposes of subsections (d)(4) and
(g)(4) of section 922 of title 18.''.
(2) Clerical amendment.--The table of sections for chapter
55 of title 38, United States Code, is amended by adding at the
end the following:
``5511. Use of determinations.''.
SEC. 4. USE OF DETERMINATIONS MADE BY THE COMMISSIONER OF SOCIAL
SECURITY.
(a) Title II.--Section 205(j) of the Social Security Act (42 U.S.C.
405(j)) is amended by adding at the end the following:
``(11) No determination by the Commissioner of Social Security with
respect to an individual, including a determination that benefits under
this title to which such individual is entitled shall be paid to a
representative payee, shall be considered to be a determination that
the individual has been adjudicated mentally incompetent for purposes
of subsection (d)(4) or (g)(4) of section 922 of title 18, United
States Code.''.
(b) Title XVI.--Section 1631(a)(2) of such Act (42 U.S.C.
1383(a)(2)) is amended by adding at the end the following:
``(J) No determination by the Commissioner of Social Security with
respect to an individual, including a determination that benefits under
this title to which such individual is entitled shall be paid to a
representative payee, shall be considered to be a determination that
the individual has been adjudicated mentally incompetent for purposes
of subsection (d)(4) or (g)(4) of section 922 of title 18, United
States Code.''.
(c) Enforcement.--
(1) Identification of inaccurate records.--Not later than
January 1 of each year, the Attorney General shall--
(A) review the record of each person who is
considered to have been adjudicated mentally
incompetent or committed to a psychiatric hospital
under subsection (d)(4) or (g)(4) of section 922 of
title 18, United States Code, as a result of a
determination by the Commissioner of Social Security
Administration;
(B) identify each such record that does not include
documentation indicating that the proceedings for the
adjudication or commitment were conducted in accordance
with, and resulted in an order or finding described in,
section 921(a)(38) of title 18, United States Code, as
added by this Act; and
(C) submit to the Secretary of the Treasury and
Congress a report providing the number of records
identified under subparagraph (B).
(2) Rescission.--
(A) In general.--Effective on the date on which the
Attorney General submits a report under paragraph
(1)(C), there is rescinded from the unobligated
balances in the Federal Old-Age and Survivors Insurance
Trust Fund, the Federal Disability Insurance Trust
Fund, the Federal Hospital Insurance Trust Fund, and
the Federal Supplementary Medical Insurance Trust Fund,
on a pro rata basis, the amount equal to the product
of--
(i) the number of records that the report
states were identified by the Attorney General
under paragraph (1)(B); and
(ii) $10,000.
(B) Treatment of amounts.--Amounts rescinded under
subparagraph (A) shall be deemed to have been expended
for costs described in section 201(g)(1) of the Social
Security Act (42 U.S.C. 401(g)(1)).
SEC. 5. STATE HEALTH REPORTS.
Section 102(c)(3) of the NICS Improvement Amendments Act of 2007
(18 U.S.C. 922 note) is amended by adding at the end the following: ``A
report made available by a State indicating that a person has been
adjudicated as mentally incompetent or committed to a mental
institution shall not be used for purposes of any determination of
whether a person is disqualified from possessing or receiving a firearm
under subsection (g) or (n) of section 922 of title 18, United States
Code, unless the Attorney General determines that the proceedings for
the adjudication or commitment were conducted in accordance with, and
resulted in an order or finding described in, section 921(a)(38) of
title 18, United States Code, and that the State has provided clear and
convincing evidence that the person poses an imminent and significant
danger.''.
SEC. 6. APPLICABILITY OF AMENDMENTS.
With respect to any record of a person prohibited from possessing
or receiving a firearm under subsection (d)(4) or (g)(4) of section 922
of title 18, United States Code, before the date of enactment of this
Act, the Attorney General shall remove such a record from the National
Instant Criminal Background Check System--
(1) upon being made aware that the person is no longer
considered as adjudicated mentally incompetent or committed to
a psychiatric hospital according to the criteria under
paragraph (38)(A)(i)(II) of section 921(a) of title 18, United
States Code (as added by this Act), and is therefore no longer
prohibited from possessing or receiving a firearm;
(2) upon being made aware that any order or finding that
the record is based on is an order or finding described in
paragraph (38)(B) of section 921(a) of title 18, United States
Code (as added by this Act); or
(3) upon being made aware that the person has been found
competent to possess a firearm after an administrative or
judicial review under section 5511 of title 38, United States
Code (as added by this Act).
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