Domestic Violence Loophole Closure Act

Domestic Violence Loophole Closure Act

This bill requires military departments to submit to the Department of Justice for inclusion in the national instant criminal background check system identifying information on each member of the Armed Forces who: (1) has been convicted of domestic violence offenses under the Uniform Code of Military Justice (UCMJ), or (2) has entered into a plea agreement accepting liability for such an offense.

The bill amends the federal criminal code to extend the prohibition on possession and transportation of firearms and ammunition by individuals convicted of misdemeanor crimes of domestic violence to individuals convicted of similar offenses under the UCMJ.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2094 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 2094

     To require the prompt reporting for national instant criminal 
    background check system purposes of members of the Armed Forces 
   convicted of domestic violence offenses under the Uniform Code of 
               Military Justice, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 8, 2017

Mr. Flake (for himself, Mr. Heinrich, and Mrs. Shaheen) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Armed Services

_______________________________________________________________________

                                 A BILL


 
     To require the prompt reporting for national instant criminal 
    background check system purposes of members of the Armed Forces 
   convicted of domestic violence offenses under the Uniform Code of 
               Military Justice, 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 ``Domestic Violence Loophole Closure 
Act''.

SEC. 2. PROMPT REPORTING FOR NATIONAL INSTANT CRIMINAL BACKGROUND CHECK 
              SYSTEM PURPOSES OF MEMBERS OF THE ARMED FORCES CONVICTED 
              OF DOMESTIC VIOLENCE OFFENSES UNDER THE UNIFORM CODE OF 
              MILITARY JUSTICE.

    (a) Reporting Required.--Under regulations and procedures 
prescribed by the Secretary of Defense, each Secretary concerned shall 
submit to the Attorney General for inclusion in the national instant 
criminal background check system the name and other appropriate 
information on each member of the Armed Forces under the jurisdiction 
of such Secretary who--
            (1) has been convicted of an offense under chapter 47 of 
        title 10, United States Code (the Uniform Code of Military 
        Justice), for conduct that would constitute an offense of 
        domestic violence against a spouse, domestic partner, or 
        dependent child under State law; or
            (2) has entered into a plea agreement accepting liability 
        for an offense described in paragraph (1).
    (b) Deadline for Reporting.--The name and other information on a 
member required to be submitted pursuant to subsection (a) shall be 
submitted not later than three days after the following (as 
applicable):
            (1) The date of entry of judgment with respect to the 
        member for the offense concerned in the case of a general 
        court-martial or special court-martial.
            (2) The date of judgment with respect to the member for the 
        offense concerned in the case of a summary court-martial.
            (3) The date of acceptance of the plea agreement of the 
        member with respect to the offense concerned by the military 
        judge.
    (c) Failure To Submit.--If the Secretary concerned does not submit 
the name and other information on a member required by subsection (a) 
within the deadline provided by subsection (b), the Secretary shall, as 
soon as practicable after the deadline, submit to Congress in writing a 
notice on the lack of submittal within the deadline, including an 
explanation for the lack of submittal within the deadline and a 
statement when the name and other information will be so submitted.
    (d) Regulations and Procedures.--
            (1) Offenses.--The regulations prescribed by the Secretary 
        of Defense pursuant to subsection (a) shall set forth the 
        offenses under chapter 47 of title 10, United States Code, that 
        would constitute an offense of domestic violence against a 
        spouse, domestic partner, or dependent child under State law 
        for purposes of subsection (a). The offenses so prescribed 
        shall be uniform throughout the United States.
            (2) Uniformity across armed forces.--The regulations and 
        procedures prescribed pursuant to subsection (a) shall apply 
        uniformly across the Armed Forces.
    (e) Annual Reports on Compliance.--Not later than February 15 each 
year, the Inspector General of the Department of Defense shall, in 
consultation with the Comptroller General of the United States, submit 
to Congress a report setting forth a description and assessment of the 
compliance of the Secretaries concerned with the requirements of this 
section during the preceding year, including a description and 
assessment of the accuracy, completeness, and timeliness of the 
information submitted by the Secretaries concerned to the Attorney 
General under this section during such year.
    (f) Report on Remediation of Deficiencies in System.--Not later 
than 180 days after the date of the enactment of this Act, the 
Secretary of Defense shall submit to Congress a report setting forth a 
description of the actions taken, and to be taken, in order to ensure 
that the information in the national instant criminal background check 
system on members and former members of the Armed Forces fully and 
accurately covers the members and former members who have been 
convicted of an offense or entered into a plea agreement described in 
subsection (a) as of the date of the report.
    (g) Definitions.--In this section:
            (1) The term ``national instant criminal background check 
        system'' means the system established under section 103 of the 
        Brady Handgun Violence Prevention Act (34 U.S.C. 40901).
            (2) The term ``Secretary concerned'' has the meaning given 
        that term in section 101(a)(9) of title 10, United States Code.

SEC. 3. CLARIFICATION OF APPLICABILITY OF PROHIBITION ON POSSESSION AND 
              TRANSPORTATION OF FIREARMS AND AMMUNITION BY INDIVIDUALS 
              CONVICTED OF MISDEMEANOR CRIMES OF DOMESTIC VIOLENCE TO 
              INDIVIDUALS CONVICTED OF SIMILAR OFFENSES UNDER THE 
              UNIFORM CODE OF MILITARY JUSTICE.

    Section 922(g)(9) of title 18, United States Code, is amended by 
inserting before the comma at the end the following: ``, or has been 
convicted by court-martial of an offense under chapter 47 of title 10 
(the Uniform Code of Military Justice) for conduct that would 
constitute such a crime under State law''.
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