Firearm Access During Shutdowns Act
Firearm Access During Shutdowns Act
Plain Language Summary
# Firearm Access During Shutdowns Act (HR 5874) - Summary **What the bill would do:** This bill would require the federal government to continue processing firearm-related activities even during a government shutdown. Specifically, it would keep operating: the FBI's background check system for gun purchases, the ATF's enforcement operations, and the Commerce and State Departments' functions related to firearm exports and licensing. Currently, these services may pause when Congress fails to fund the government. **Who it affects:** The bill would impact gun buyers (who rely on background checks to purchase firearms), gun manufacturers and exporters (who need licenses to sell firearms internationally), and the federal agencies responsible for these functions. **Key provisions:** The bill mandates that four specific federal operations must continue during shutdowns: FBI background checks, ATF enforcement programs, Commerce Department firearm export licensing, and State Department defense trade controls for firearms. **Current status:** HR 5874 was introduced by Rep.
Ben Cline (R-VA) and is currently in committee, meaning it has not yet been voted on by the full House. It has not advanced to become law.
CRS Official Summary
Firearm Access During Shutdowns ActThis bill requires various federal agencies to continue certain operations, functions, and services related to firearms during a government shutdown.The bill applies to the Federal Bureau of Investigation's National Instant Criminal Background Check System, including the processing of background checks in support of the operations of the Directorate of Enforcement Programs and Services of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF);the ATF's Directorate of Enforcement Programs and Services;the activities of the Department of Commerce's Bureau of Industry and Security relating to firearms and firearm-related products, including activities related to processing of applications for export licenses; andthe activities of the Department of State's Directorate of Defense Trade Controls relating to firearms and firearm-related products, including activities related to processing of applications for export licenses.Under the bill, (1) these operations, functions, and services are deemed to relate to an emergency involving the safety of human life or the protection of property; and (2) employees carrying out the operations, functions, and services are deemed to be excepted employees. (Under an exception in the Antideficiency Act, an employee whose duties involve the safety of human life or the protection of property may be required to work during a government shutdown. Employees who are required to work during a government shutdown because they fall under this or other exceptions are known as excepted employees.)
Latest Action
Referred to the Committee on the Judiciary, and in addition to the Committee on Foreign Affairs, 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.