S.Amdt. 3462

1. Adds TITLE III--OTHER MATTERS on page 53, line 11

   Adds a titlePrinted page

   Inserted: TITLE III--OTHER MATTERS

   Inserted: SEC. 301. PROTECTING THE SECOND AMENDMENT RIGHTS OF VETERANS.

   Inserted: (a) In General.--Chapter 55 of title 38, United States Code, is amended by adding at the end the following new section:

   Inserted: "Sec. 5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes

   Inserted: "(a) In General.--In any case arising out of the administration by the Secretary of laws and benefits under this title, a person who is determined by the Secretary to be mentally incompetent shall not be considered adjudicated pursuant to subsection (d)(4) or (g)(4) of section 922 of title 18, until--

   Inserted: "(1) in the case in which the person does not request a review as described in subsection (c)(1), the end of the 30-day period beginning on the date on which the person receives notice submitted under subsection (b); or

   Inserted: "(2) in the case in which the person requests a review as described in paragraph (1) of subsection (c), upon an assessment by the board designated or established under paragraph (2) of such subsection or court of competent jurisdiction that a person cannot safely use, carry, possess, or store a firearm due to mental incompetency.

   Inserted: "(b) Notice.--Notice submitted under this subsection to a person described in subsection (a) is notice submitted by the Secretary that notifies the person of the following:

   Inserted: "(1) The determination made by the Secretary.

   Inserted: "(2) A description of the implications of being considered adjudicated as a mental defective under subsection (d)(4) or (g)(4) of section 922 of title 18.

   Inserted: "(3) The person's right to request a review under subsection (c)(1).

   Inserted: "(c) Administrative Review.--(1) Not later than 30 days after the date on which a person described in subsection (a) receives notice submitted under subsection (b), such person may request a review by the board designed or established under paragraph (2) or a court of competent jurisdiction to assess whether a person cannot safely use, carry, possess, or store a firearm due to mental incompetency. In such assessment, the board may consider the person's honorable discharge or decoration.

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   Inserted: "(2) Not later than 180 days after the date of the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014, the Secretary shall designate or establish a board that shall, upon request of a person under paragraph (1), assess whether a person cannot safely use, carry, possess, or store a firearm due to mental incompetency.

   Inserted: "(d) Judicial Review.--A person may file a petition with a Federal court of competent jurisdiction for judicial review of an assessment of the person under subsection (c) by the board designated or established under paragraph (2).

   Inserted: "(e) Protecting Rights of Veterans With Existing Records.--Not later than 90 days after the date of the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014, the Secretary shall provide written notice of the opportunity for administrative review and appeal under subsection (c) to all persons who, on the date of the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014, are considered adjudicated pursuant to subsection (d)(4) or (g)(4) of section 922 of title 18 as a result of having been found by the Department to be mentally incompetent.

   Inserted: "(f) Future Determinations.--(1) Not later than 180 days after the date of the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014, the Secretary shall review the policies and procedures by which individuals are determined to be mentally incompetent, and shall revise such policies and procedures as necessary to ensure that any individual who is competent to manage his own financial affairs, including his receipt of Federal benefits, but who voluntarily turns over the management thereof to a fiduciary is not considered adjudicated pursuant to subsection (d)(4) or (g)(4) of section 922 of title 18.

   Inserted: "(2) Not later than 30 days after the Secretary has made the review and changes required under paragraph (1), the Secretary shall submit to Congress a report detailing the results of the review and any resulting policy and procedural changes.".

   Inserted: (b) Clerical Amendment.--The table of sections at the beginning of chapter 55 of such title is amended by adding at the end the following new item:

   Inserted: "5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes.".

   Inserted: (c) Applicability.--Section 5511 of title 38, United States Code (as added by subsection (a)), shall apply only with respect to persons who are determined by the Secretary of Veterans Affairs, on or after the date of the enactment of this Act, to be mentally incompetent, except that those persons who are provided notice pursuant to subsection (e) of such section shall be entitled to use the administrative review under subsection (c) of such section and, as necessary, the subsequent judicial review under subsection (d) of such section.

   Original wording

   On page 53, after line 11, add the following:

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As printed