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HOME/ BLOGS/ Proposed Background Check Laws In Front Of The 117th Congress

Proposed Background Check Laws In Front Of The 117th Congress

February 18, 2021

By Charlotte Spencer

As of February 2021, the 117th Congress already has seven bills introduced which, if passed, would change background checking requirements in our country. Five of these bills focus specifically on the subject of background checks involving gun sales.

The For the People Act of 2021, focuses on expanding Americans’ access to the ballot box, but addresses background checking of those who work for election infrastructure vendors. The Stronger Child Abuse Prevention and Treatment Act focuses on reauthorizing and strengthening CAPTA, but addresses background checking of prospective foster and adoptive parents and other adult relatives and non-relatives residing in the household. Here is a brief overview of how these laws could change background checking requirements in the U.S.

H.R.1 – For the People Act of 2021

If passed, the criteria to be considered a “qualified election infrastructure vendor” would include, among other things, that its personnel policies include background checking and cybersecurity training consistent with best practices issued by the Technical Guidelines Development Committee. Read more on the Technical Guidelines Development Committee here.

If passed, this would also create an election security bug bounty program. Participation in the bug bounty program would be optional, but would also require a background check.

For the full text click here.

H.R.194

If passed this would require the Department of Justice to submit a report to Congress including the following:

  • The number of firearm transaction denials issued by the National Instant Criminal Background Check System that are referred to the Bureau of Alcohol, Tobacco, Firearms, and Explosives for investigation.
  • The number of prosecutions resulting from such investigations.
  • The number of firearms recovered by the Bureau in cases in which such a denial was issued after the firearm was transferred.

For the full text click here.

H.R. 135

If passed this would require the FBI to report the following information to Congress on a semiannual basis:

  • The number of firearms transfers resulting from the failure to complete a background check within 3 business days
  • The procedures followed after it is discovered that a firearm transfer has been made to a transferee who is ineligible to receive a firearm.

For the full text click here.

H.R. 355

If passed this would require the National Criminal Instant Background Check System to:

  • Notify U.S. Immigration and Customs Enforcement whenever the information available to the system indicates that a person illegally or unlawfully in the United States may be attempting to receive a firearm.
  • Notify the relevant State and local law enforcement agencies of the same.

For the full text click here.

H.R. 485

The Stronger Child Abuse Prevention and Treatment Act focuses on reauthorizing and strengthening CAPTA, but addresses background checking of prospective foster and adoptive parents and other adult relatives and non-relatives residing in the household.

It would also require the Secretary of HHS to convene a group to study, among other things, “Whether background check requirements under this Act, the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), and part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.) are complementary or if there are discrepancies that need to be addressed.”

This bill enjoys bipartisan support.

For the full text click here.

H.R. 1005

The full text of this bill is not available yet, but we can gather a certain amount about it from the title. It would require the records of the National Instant Criminal Background Check System to be retained for at least ninety days.

For the full text when it becomes available click here.

H.R. 1006

This bill would close what is known as “the gun-show loophole.” In other words, it would require criminal background checks on all firearms transactions occurring at gun shows. Currently, gun-shows do not fall under the same requirements as other places where people buy guns, meaning it is easier for a person who should not have a gun to get one at a gun show than elsewhere.

For the full text when it becomes available click here.

Separately, on Feb. 9, Carolyn Maloney, House Oversight and Reform Committee Chairwoman, unveiled a legislative package of five bills focused on gun safety.