Firearm Access During Shutdowns Act

Firearm Access During Shutdowns Act

This 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; and
• the 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.)

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5874 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 5874

   To ensure that certain operations, functions, and services of the 
Federal Government relating to enforcement of firearms laws and firearm 
      export licensing continue during a lapse in appropriations.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 31, 2025

 Mr. Cline (for himself, Mr. Carter of Georgia, Mr. Hunt, Mr. Moore of 
 Alabama, Ms. Hageman, Mr. Harris of North Carolina, Mr. Collins, Mr. 
 McCormick, Mr. Cloud, Mr. Weber of Texas, Mr. Burlison, Ms. Boebert, 
   Mr. DesJarlais, Mr. Webster of Florida, Mr. Gooden, Ms. Mace, Mr. 
    Fitzgerald, Mr. Feenstra, Mr. Jackson of Texas, Mr. Higgins of 
   Louisiana, Mr. Downing, Mr. Fine, and Mr. Moore of West Virginia) 
 introduced the following bill; which was 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

_______________________________________________________________________

                                 A BILL


 
   To ensure that certain operations, functions, and services of the 
Federal Government relating to enforcement of firearms laws and firearm 
      export licensing continue during a lapse in appropriations.

    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 ``Firearm Access During Shutdowns 
Act''.

SEC. 2. CONTINUATION OF CERTAIN FIREARM-RELATED OPERATIONS DURING 
              GOVERNMENT SHUTDOWNS.

    (a) In General.--The operations, functions, and services described 
in subsection (b) shall be deemed to relate to an emergency involving 
the safety of human life or the protection of property for purposes of 
section 1342 of title 31, United States Code, and the employees 
carrying out those operations, functions, and services shall be deemed 
to be excepted employees, as defined in section 1341(c) of that title.
    (b) Operations, Functions, and Services.--The operations, 
functions, and services described in this subsection are the 
operations, functions, and services of--
            (1) the National Instant Criminal Background Check System 
        of the Federal Bureau of Investigation, 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;
            (2) the Directorate of Enforcement Programs and Services of 
        the Bureau of Alcohol, Tobacco, Firearms and Explosives;
            (3) the Bureau of Industry and Security of the Department 
        of Commerce relating to firearms and firearm-related products, 
        including activities related to processing of applications for 
        export licenses; and
            (4) the Directorate of Defense Trade Controls of the 
        Department of State relating to firearms and firearm-related 
        products, including activities related to processing of 
        applications for export licenses.
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