Date: February 3, 2017
House Passes H. J. Res. 40,
Disapproving the NICS Rule
On February 2, 2017, pursuant to the Congressional Review Act (CRA), the House voted to approve a joint resolution providing for congressional disapproval of the Social Security Administration rule, “Implementation of the NICS Improvement Amendments Act of 2007,” by a vote of 235-180.1 The resolution now moves to the Senate for consideration.
The CRA is an oversight tool Congress uses to overturn rules issued by Federal agencies. If both houses pass a joint resolution of disapproval, it is sent to the President for signature. If the President signs the resolution, the CRA provides that the rule would be deemed not to have had any effect at any time.
The White House issued a Statement of Administration Policy on February 1, 2017, supporting H. J. Res. 40 and stating the President would sign it if presented to him in its current form.
1 This rule codifies provisions relating to 1) identifying relevant records and reporting pertinent information to the National Instant Criminal Background Check System (NICS), which would prevent certain individuals from possessing or purchasing firearms, 2) oral and written notification to Title II and Title XVI beneficiaries who meet the requisite criteria and whose information would be reported, and 3) establishing a program that permits the affected beneficiaries to seek relief from having their information reported.