Calendar No. 21

H. R. 1181

To amend title 38, United States Code, to clarify the conditions under which certain persons may be treated as adjudicated mentally incompetent for certain purposes.

IN THE SENATE OF THE UNITED STATES

Read the second time and placed on the calendar

AN ACT

To amend title 38, United States Code, to clarify the conditions under which certain persons may be treated as adjudicated mentally incompetent for certain 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 “Veterans 2nd Amendment Protection Act”.

SEC. 2. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes.

(a) In general.—Chapter 55 of title 38, United States Code, is amended by inserting after section 5501A the following new section:

“§ 5501B. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes

“Notwithstanding any determination made by the Secretary under section 5501A of this title, in any case arising out of the administration by the Secretary of laws and benefits under this title, a person who is mentally incapacitated, deemed mentally incompetent, or experiencing an extended loss of consciousness shall not be considered adjudicated as a mental defective under subsection (d)(4) or (g)(4) of section 922 of title 18 without the order or finding of a judge, magistrate, or other judicial authority of competent jurisdiction that such person is a danger to himself or herself 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: