[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8361 Introduced in House (IH)]

<DOC>






117th CONGRESS
  2d Session
                                H. R. 8361

 To help prevent suicide by giving people more control over their own 
 lethal means purchase decisions, through the creation of a voluntary 
                        purchase delay database.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 13, 2022

Ms. Jayapal (for herself and Mr. Curtis) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To help prevent suicide by giving people more control over their own 
 lethal means purchase decisions, through the creation of a voluntary 
                        purchase delay database.

    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 ``Preventing Suicide Through Voluntary 
Firearm Purchase Delay Act''.

SEC. 2. VOLUNTARY PURCHASE DELAY DATABASE.

    (a) In General.--Chapter 44 of title 18, United States Code, is 
amended by inserting after section 925A the following:
``Sec. 925B. Creating a voluntary purchase delay process in the 
              National Instant Criminal Background Check System
    ``(a) Establishment.--The Attorney General shall establish and 
maintain a secure internet-based platform, separate from other 
databases in the national instant criminal background check system 
established under section 103 of the Brady Handgun Violence Prevention 
Act (34 U.S.C. 40901)(referred to in this section as `NICS'), which 
shall be known as the `Voluntary Purchase Delay Database' (referred to 
in this section as the `Database').
    ``(b) Use by NICS.--Whenever the national instant criminal 
background check system receives a lawful request from a licensed 
importer, licensed manufacturer, licensed dealer, or law enforcement 
agency for information about the eligibility of an individual to 
purchase or possess a firearm, NICS shall--
            ``(1) access the Database; and
            ``(2) if the name of the prospective firearms transferee is 
        in the Database, indicate to the licensee that it would be 
        unlawful to transfer a firearm to the prospective firearms 
        transferee.
    ``(c) Operations.--The Attorney General, in consultation with other 
relevant agencies, shall promulgate regulations to ensure that the 
Database is easily accessible, user-friendly, and, at a minimum, does 
the following:
            ``(1) Verifies the identity of an individual who elects to 
        add his or her name to, or requests removal of his or her name 
        from, the Database.
            ``(2)(A) Allows an individual to add his or her name to the 
        Database--
                    ``(i) by providing necessary documentation of the 
                identity of the individual, including government-issued 
                photo identification, in person; or
                    ``(ii) by providing the documentation referred to 
                in subparagraph (A) by mail or electronic mail 
                accompanied by a letter from a mental health 
                professional that includes the name and license number 
                of the professional and the name and date of birth of 
                the individual.
            ``(B) In subparagraph (A), the term `mental health 
        professional' means a person who is licensed, certified, or 
        otherwise recognized or authorized under State law to provide 
        mental health services, including a psychiatrist, psychologist, 
        or clinical social worker.
            ``(3) Prevents unauthorized disclosure of the identity of, 
        or personal information about, an individual who has added his 
        or her name to the Database.
            ``(4) Provides prior notice to an individual described in 
        paragraph (1) of the legal effect of having the name of the 
        individual included in the Database.
            ``(5) Allows an individual described in paragraph (1) to 
        list up to 5 electronic mail addresses to be contacted if--
                    ``(A) the individual attempts to purchase a firearm 
                from a licensed importer, licensed manufacturer, or 
                licensed dealer while the name of the individual is in 
                the Database; or
                    ``(B) the individual requests removal of his or her 
                name from the Database.
            ``(6) Provides prior notice to an individual described in 
        paragraph (1) that listing electronic mail addresses under 
        paragraph (5) shall constitute an express authorization for the 
        Attorney General to contact the address for the purposes 
        described in paragraph (5).
            ``(7) Provides information about how to relinquish a 
        firearm.
    ``(d) Use of Information.--
            ``(1) Inadmissibility as evidence.--The addition or removal 
        of the name of an individual to the Database by that individual 
        may not be admissible as evidence in any legal proceeding, 
        except in a proceeding under section 925A of this title or 
        section 103(g) of the Brady Handgun Violence Prevention Act (34 
        U.S.C. 40901(g)), as evidence that--
                    ``(A) the individual properly removed his or her 
                name from the Database; or
                    ``(B) a licensed importer, licensed manufacturer, 
                or licensed dealer unlawfully transferred a firearm to 
                an individual whose name was included in the Database.
            ``(2) Limitation on use.--Any information about an 
        individual that is contained in, or transmitted to, the 
        Database shall not be used for any purpose other than to 
        determine the eligibility of the individual to receive a 
        firearm.
            ``(3) Prohibitions on use in relation to employment, or 
        provision of a benefit or service.--
                    ``(A) In general.--An individual may not be 
                required to add the name of the individual to, or 
                remove the name of the individual from, the Database as 
                a condition of employment or of receiving any benefit 
                or service. An individual aggrieved by a violation of 
                this subparagraph may bring an action in an appropriate 
                district court of the United States for appropriate 
                relief, including a reasonable attorney's fee.
                    ``(B) Prohibition on inquiries.--A person may not 
                inquire or consider whether the name of an individual 
                is, or has ever been, added to the Database, for the 
                purpose of determining the eligibility of that 
                individual for employment, or for a benefit or service.
    ``(e) Procedures for Removing Name From Database.--The Attorney 
General shall establish procedures by which an individual may remove 
his or her name from the Database, which shall include the following:
            ``(1) Removal upon request made to the Attorney General by 
        the applicable individual, which shall take effect on the date 
        that is 21 days after the date on which the request is 
        received.
            ``(2) Removal upon request made to the Attorney General 
        supported by a declaration from a mental health professional 
        that the individual does not present a substantial risk of harm 
        to self, which shall take effect not later than 24 hours after 
        the time at which the request is received.
    ``(f) No Limit on Number of Additions or Removals.--There shall be 
no limit on the number of times an individual may add or remove his or 
her name from the Database.''.
    (b) Clerical Amendment.--The table of sections for chapter 44 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 925A the following:

``925B. Creating a voluntary purchase delay process in the National 
                            Instant Criminal Background Check 
                            System.''.

SEC. 3. EFFECT OF REGISTRATION WITH VOLUNTARY PURCHASE DELAY DATABASE.

    (a) Prohibition on Sale or Other Disposition.--The first sentence 
of section 922(d) of title 18, United States Code, is amended--
            (1) in paragraph (8), by striking ``or'' at the end;
            (2) in paragraph (9), by striking the period and inserting 
        ``; or''; and
            (3) by inserting after paragraph (9) the following:
            ``(10) is an individual whose name is included in the 
        Voluntary Purchase Delay Database established under section 
        925B.''.
    (b) Incorporation of Information Into the NICS System.--
            (1) In general.--Section 922(t) of title 18, United States 
        Code, is amended--
                    (A) in paragraph (1)(B)(ii), by inserting ``or that 
                the sale or other disposition of a firearm to such 
                other individual would violate subsection (d) of this 
                section'' before the semicolon;
                    (B) in paragraph (2), in the matter preceding 
                subparagraph (A), by inserting ``and sale or other 
                disposition of a firearm would not violate subsection 
                (d) or State law'' before the comma;
                    (C) in paragraph (4), by inserting ``or that sale 
                or other disposition of a firearm to such other 
                individual would not violate subsection (d) or State 
                law'' before the first comma; and
                    (D) in paragraph (5), by inserting ``or that sale 
                or other disposition of a firearm to such other 
                individual would violate subsection (d) or State law'' 
                before the third comma.
            (2) Correction of erroneous information.--Section 103(g) of 
        the Brady Handgun Violence Prevention Act (34 U.S.C. 40901(g)) 
        is amended by inserting ``or that sale or other disposition of 
        a firearm to a prospective transferee would violate section (d) 
        of such section or State law'' before the first comma.
    (c) Inclusion in Exception to Prohibition Relating to Establishment 
of Registration Systems With Respect to Firearms.--Section 103(i)(2) of 
the Brady Handgun Violence Prevention Act (34 U.S.C. 40901(i)(2)) is 
amended by inserting ``or individuals to whom the sale or disposition 
of a firearm would violate section 922(d) of title 18, United States 
Code, or State law'' before the period.

SEC. 4. EDUCATION AND OUTREACH CAMPAIGN REGARDING THE VOLUNTARY 
              PURCHASE DELAY DATABASE.

    The Attorney General, in consultation with the Centers for Disease 
Control and Prevention, the National Center for Injury Prevention and 
Control, the National Institute of Mental Health, the National Suicide 
Prevention Lifeline, the Substance Abuse and Mental Health Services 
Administration, and the Division of Behavioral Health of the Indian 
Health Services, shall provide for the planning and implementation of a 
national public-private partnership for an education campaign to raise 
awareness of the Voluntary Purchase Delay Database established under 
section 925B of title 18, United States Code, that, at a minimum--
            (1) provides information about this Act;
            (2) explains how an individual may add his or her name to 
        the database, and the effects of doing so; and
            (3) provides information about how to relinquish a firearm 
        (as defined in section 921 of such title).

SEC. 5. RULE OF INTERPRETATION.

    This Act and the amendments made by this Act shall not be 
interpreted to create a duty or obligation of any mental health 
professional, and a mental health professional shall not be held liable 
in a civil action arising from an act or omission relating to the 
Voluntary Purchase Delay Database established under section 925B of 
title 18, United States Code, except that this sentence shall not be 
interpreted to exempt a mental health professional from liability for 
penalties for intentional misuse of the database. In this section, the 
term ``mental health professional'' means a person who is licensed, 
certified, or otherwise recognized or authorized under State law to 
provide mental health services, including a psychiatrist, psychologist, 
or clinical social worker.

SEC. 6. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect 1 
year after the date of enactment of this Act.

SEC. 7. SEVERABILITY.

    If any provision of this Act or any amendment made by this Act, or 
any application of such provision or amendment to any person or 
circumstance, is held to be unconstitutional, the remainder of the 
provisions of this Act and the amendments made by this Act, and the 
application of the provision or amendment to any other person or 
circumstance, shall not be affected.
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