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Monday, March 8, 2021 - 10:30am Cisco Webex View Announcement »
H.R. 8 - Bipartisan Background Checks Act of 2021
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Bill Text
Hearing Documents
Rule Information
COMMITTEE ACTION:
REPORTED BY A RECORD VOTE of 8-3 on Monday, March 8, 2021.
FLOOR ACTION ON H. RES. 188:
Agreed to by record vote of 218-197, after agreeing to the previous question by record vote of 213-195, on Monday, March 8, 2021.
MANAGERS: DeSaulnier/Fischbach
1. Structured rule for H.R. 842.
2. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Education and Labor or their designees.
3. Waives all points of order against consideration of the bill.
4. Provides that the amendment printed in part A of the Rules Committee report shall be considered as adopted and the bill, as amended, shall be considered as read.
5. Waives all points of order against provisions in the bill, as amended.
6. Provides that following debate, each further amendment printed in part B of the Rules Committee report not earlier considered as part of amendments en bloc pursuant to section 3 shall be considered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, may be withdrawn by the proponent at any time before the question is put thereon, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
7. Provides that at any time after debate the chair of the Committee on Education and Labor or his designee may offer amendments en bloc consisting of further amendments printed in part B of the Rules Committee report not earlier disposed of. Amendments en bloc shall be considered as read, shall be debatable for 20 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Education and Labor or their designees, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
8. Provides one motion to recommit.
9. Structured rule for H.R. 8.
10. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary or their designees.
11. Waives all points of order against consideration of the bill.
12. Provides that the bill shall be considered as read.
13. Waives all points of order against provisions in the bill.
14. Provides that following debate, each further amendment printed in part C of the Rules Committee report not earlier considered as part of amendments en bloc pursuant to section 6 shall be considered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, may be withdrawn by the proponent at any time before the question is put thereon, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
15. Provides that at any time after debate the chair of the Committee on the Judiciary or his designee may offer amendments en bloc consisting of further amendments printed in part C of this report not earlier disposed of. Amendments en bloc shall be considered as read, shall be debatable for 20 minutes equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary or their designees, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
16. Provides one motion to recommit.
17. Structured rule for H.R. 1446.
18. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary or their designees.
19. Waives all points of order against consideration of the bill.
20. Provides that the bill shall be considered as read.
21. Waives all points of order against provisions in the bill.
22. Provides that following debate, each further amendment printed in part D of the Rules Committee report not earlier considered as part of amendments en bloc pursuant to section 9 shall be considered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, may be withdrawn by the proponent at any time before the
question is put thereon, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
23. Provides that at any time after debate the chair of the Committee on the Judiciary or his designee may offer amendments en bloc consisting of further amendments printed in part D of the Rules Committee report not earlier disposed of. Amendments en bloc shall be considered as read, shall be debatable for 20 minutes equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary or their designees, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
24. Provides one motion to recommit.
25. Waives all points of order against amendments printed in Parts B, C, and D of the Rules Committee report or amendments en bloc described in sections 3, 6, and 9 of the resolution.
26. Section 11 provides that on any legislative day during the period from March 13, 2021, through April 22, 2021— (a) the Journal of the proceedings of the previous day shall be considered as approved; and (b) the Chair may at any time declare the House adjourned to meet at a date and time, within the limits of clause 4, section 5, article I of the Constitution, to be announced by the Chair in declaring the adjournment.
27. Provides that the Speaker may appoint Members to perform the duties of the Chair for the duration of the period addressed by section 11 as though under clause 8(a) of rule I.
28. Provides that each day during the period addressed by section 11 shall not constitute a calendar day for purposes of section 7 of the War Powers Resolution (50 U.S.C. 1546); a legislative day for purposes of clause 7 of rule XIII (resolutions of inquiry); or a calendar or legislative day for purposes of clause 7(c)(1) of rule XXII (motions to instruct).
29. Provides that it shall be in order at any time through the calendar day of April 22, 2021, for the Speaker to entertain motions that the House suspend the rules as though under clause 1 of rule XV. The Speaker or her designee shall consult with the Minority Leader or his designee on the designation of any matter for consideration pursuant to this section.
30. Provides that the requirement of clause 6(a) of rule XIII for a two-thirds vote to consider a report from the Committee on Rules on the same day it is presented to the House is waived with respect to any resolution reported through the legislative day of April 22, 2021.
31. Amends Section 4(d) of House Resolution 8, One Hundred Seventeenth Congress, by adding at the end the following: “(5) the Select Committee shall be composed of 16 Members, Delegates, or the Resident Commissioner appointed by the Speaker, of whom 7 shall be appointed on the recommendation of the Minority Leader.”.
Amendments (click headers to sort)
| # | Version # | Sponsor(s) | Party | Summary | Status |
|---|---|---|---|---|---|
| 1 | Version 1 | Krishnamoorthi (IL) | Democrat | Requires a 3-day waiting period before a person may receive a handgun, with exceptions. | Submitted |
| 2 | Version 1 | Cline (VA) | Republican | Requires notification to U.S. Immigration and Customs Enforcement of firearm transfer denials by reason of illegal or unlawful presence in the United States. | Submitted |
| 3 | Version 1 | Garcia, Sylvia (TX) | Democrat | Requires the Attorney General to make available to any person licensed under this chapter both Spanish and English versions of the form required for the conduct of a background check. | Made in Order |
| 4 | Version 1 | Torres, Ritchie (NY) | Democrat | Revises the purpose of the Act to explicitly prohibit gun purchases for certain individuals who do not pass background checks. | Made in Order |
| 5 | Version 1 | Brooks, Mo (AL) | Republican | Requires the National Instant Criminal Background Check System (NICS) to notify the Immigration and Customs Enforcement Agency and jurisdictions with 287(g) agreements 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. | Submitted |
| 6 | Version 1 | Brooks, Mo (AL) | Republican | Adds another exception to the bill that would allow firearms to be traded between individuals without either party being subject to a NICS background check. | Submitted |
| 7 | Version 1 | Brooks, Mo (AL) | Republican | Expands the "Safe passage" provision of the Firearm Owners Protection Act of 1986. | Submitted |
| 8 | Version 1 | Johnson, Eddie Bernice (TX) | Democrat | Adds a comprehensive national program for gun violence research. | Submitted |
| 9 | Version 1 | Jackson Lee (TX) | Democrat | Makes clear that a gun owner who realizes that he or she is at risk of suicide may transfer the gun to someone else, if the risk is imminent, without a background check to prevent self-harm. | Made in Order |
| 10 | Version 1 | Arrington (TX) | Republican | Clarifies that transferring firearms from a property owner to a ranch hand for the purposes of ranch activities such as predator and pest control, hunting, target practice, and for the use in safety courses is permitted. | Submitted |
| 11 | Version 1 | Bost (IL) | Republican | Clarifies that the term "adjudication" in Title 18 U.S.C. Chapter 44 does not include a determination by the Secretary of Veterans Affairs pursuant to laws administered by the Secretary. | Submitted |
| 12 | Version 1 | Higgins, Clay (LA) | Republican | Allows a licensed gun dealer, importer or manufacturer to sell or ship a firearm to the spouse of a member of the U.S. armed forces on active duty. | Submitted |
| 13 | Version 1 | Higgins, Clay (LA) | Republican | Creates a tax credit for taking a gun safety course and purchasing a gun safe. | Submitted |
| 14 | Version 1 | Rosendale (MT) | Republican | SUBSTITUTE Withdrawn Strikes all after the enacting clause and inserts language to create a statutory framework to allow for the carry and possession of concealed firearms across state lines and establish a private right of action for individuals who are unduly impeded from doing so. | Withdrawn |
| 15 | Version 1 | Steube (FL) | Republican | Allows a member of the Armed Services to carry a concealed firearm while on any military installation. | Submitted |
| 16 | Version 1 | Crow (CO) | Democrat | Expands the background check exemption for hunting and fishing to also include pest remediation associated with ranching and farming. | Made in Order |
| 17 | Version 1 | Cicilline (RI) | Democrat | Closes the firearm transfer loophole that allows a gun dealer whose federal licenses is revoked to convert their inventory to a personal collection to be sold without conducting background checks on purchasers. | Submitted |
| 18 | Version 1 | Clyde (GA) | Republican | Requires the Attorney General, the Comptroller General, and a nongovernmental organization to each conduct a study, within 180 days of enactment, to determine how and to what extent the provisions of this Act will reduce rates of violent crime and gun violence. | Made in Order |
| 19 | Version 2 | Lamb (PA), Rice, Tom (SC) | Bi-Partisan | Revised Clarifies that no background check is required for exchanges of firearms between family members and rather should be viewed, between family members, as two simultaneous gifts. | Made in Order |
| 20 | Version 1 | Hudson (NC) | Republican | Provides reciprocity for concealed carry permit holders when crossing states lines. | Submitted |
| 21 | Version 1 | Newman (IL), Porter (CA) | Democrat | Requires a report to Congress, within 150 day after enactment, analyzing the effect, if any, of this Act on the safety of victims of domestic violence, domestic abuse, dating partner violence, sexual assault, and stalking. | Made in Order |
| 22 | Version 1 | Joyce, John (PA) | Republican | Expands the law enforcement and members of the armed forces exemption by striking the restriction that permits transfers without a background check only to the extent the individual is acting within their official duties. | Submitted |
| 23 | Version 5 | Crist (FL) | Democrat | Revised Requires an alien lawfully admitted to the United States under a non-immigrant visa to obtain the approval of the Attorney General before receiving a firearm. | Made in Order |
| 24 | Version 1 | Quigley (IL) | Democrat | Requires the National Instant Criminal Background Check System (NICS) to notify state law enforcement authorities of background check denials, specifically when individuals who are legally prohibited from purchasing a firearm attempt to purchase a firearm. | Submitted |
| 25 | Version 1 | Cloud (TX), Grothman (WI) | Republican | Prevents the President, or their designee, and the Secretary of HHS from declaring a national emergency to impose gun control. Prevents government officials from prohibiting the manufacturing, sale, or transfer of firearms and ammunition during an emergency or disaster. | Submitted |
| 26 | Version 1 | Hudson (NC) | Republican | Doubles security funding for schools, originally provided in the STOP School Violence Act, by taking money for conference room rentals in Washington DC at the Department of Education. | Submitted |
| 27 | Version 1 | Hern (OK), Grothman (WI) | Republican | Late Expands the background check exemption for transfers between immediate family members by striking the limitation that the transfer is a loan or bona fide gift. | Submitted |
| 28 | Version 1 | Bishop, Dan (NC), Norman (SC), Perry (PA), Budd (NC) | Republican | Late Lowers the legal age to purchase a firearm from 21 to 18 years old. | Submitted |
| 29 | Version 1 | Hern (OK) | Republican | Late Prevents illegal aliens with a single misdemeanor while in possession of a firearm from being eligible for amnesty or naturalization. | Submitted |
| 30 | Version 1 | Van Duyne (TX) | Republican | Late Prevents teens (age 15-17) with felonies from clearing their record therefore prohibiting them from purchasing a firearm after turning 18 years old. | Submitted |
| 31 | Version 1 | Greene (GA) | Republican | Late Prevents any federal funding for fiscal year 2021 from being used to enforce any form of gun control. | Submitted |
| 32 | Version 1 | Chabot (OH) | Republican | Late Adds a new exemption to the background check requirement, allowing a transfer of firearms to or from a museum or historical display. | Submitted |
| 33 | Version 1 | Hartzler (MO) | Republican | Late Allows certain qualified law enforcement and qualified retired law enforcement to carry a concealed firearm, and discharge a firearm, in a school zone, if the school board enacts the policy allowing them to do so. | Submitted |
| 34 | Version 1 | Steube (FL) | Republican | Late Adds a new exemption to the background check requirement, allowing the transfer of a firearm to the spouse of a deployed member of the Armed Forces of the United States. | Submitted |
| 35 | Version 1 | Steube (FL) | Republican | Late Adds a new exemption to the background check requirement, allowing the transfer of a firearm to an individual who has a valid State-issued permit to purchase or license to own a firearm. | Submitted |
| 36 | Version 1 | Greene (GA) | Republican | Late Adds a sunset clause that the provisions of the Act will expire after 6 months. | Submitted |
| 37 | Version 1 | Spartz (IN) | Republican | Late Prohibits a licensed importer, manufacturer, or dealer from refusing to sell, deliver, or transfer a firearm to an individual in violation of civil rights. | Submitted |
| 38 | Version 1 | Pfluger (TX) | Republican | Late Adds ranching and farming to the list of exempted activities for a temporary transfer of a firearm, without requiring a background check. | Submitted |
| 39 | Version 1 | Greene (GA) | Republican | Late Prohibits federal funds from being used to maintain background information on gun-owners determined to be eligible to own a firearm. Further, any gun-owner whose data is unlawfully stored in contravention to this amendment has standing to sue for damages. | Submitted |
Committee Votes
Rules Committee Record Vote No. 54
Motion by Mr. Cole to report an open rule for H.R. 8, H.R. 842, and H.R. 1446. Defeated: 3–8Motion by Mr. Cole to report an open rule for H.R. 8, H.R. 842, and H.R. 1446. Defeated: 3–8
Majority Member
Vote
Mr. Hastings
No Vote
Mrs. Torres
Nay
Mr. Perlmutter
Nay
Mr. Raskin
Nay
Ms. Scanlon
Nay
Mr. Morelle
Nay
Mr. DeSaulnier
Nay
Ms. Ross
Nay
Mr. McGovern, Chairman
Nay
Minority Member
Vote
Mr. Cole
Yea
Mr. Burgess
No Vote
Mr. Reschenthaler
Yea
Mrs. Fischbach
Yea
Rules Committee Record Vote No. 55
Motion by Mr. Reschenthaler to amend the rule to H.R. 8 to make in order amendment #34, offered by Rep. Steube (FL), which adds a new exemption to the background check requirement, allowing the transfer of a firearm to the spouse of a deployed member of the Armed Forces of the United States. Defeated: 3–8
Majority Member
Vote
Mr. Hastings
No Vote
Mrs. Torres
Nay
Mr. Perlmutter
Nay
Mr. Raskin
Nay
Ms. Scanlon
Nay
Mr. Morelle
Nay
Mr. DeSaulnier
Nay
Ms. Ross
Nay
Mr. McGovern, Chairman
Nay
Minority Member
Vote
Mr. Cole
Yea
Mr. Burgess
No Vote
Mr. Reschenthaler
Yea
Mrs. Fischbach
Yea
Rules Committee Record Vote No. 56
Motion by Mr. Reschenthaler to amend the rule to H.R. 8 to make in order amendment #35, offered by Rep. Steube (FL), which adds a new exemption to the background check requirement, allowing the transfer of a firearm to an individual who has a valid State-issued permit to purchase or license to own a firearm. Defeated: 3–8
Majority Member
Vote
Mr. Hastings
No Vote
Mrs. Torres
Nay
Mr. Perlmutter
Nay
Mr. Raskin
Nay
Ms. Scanlon
Nay
Mr. Morelle
Nay
Mr. DeSaulnier
Nay
Ms. Ross
Nay
Mr. McGovern, Chairman
Nay
Minority Member
Vote
Mr. Cole
Yea
Mr. Burgess
No Vote
Mr. Reschenthaler
Yea
Mrs. Fischbach
Yea
Rules Committee Record Vote No. 58
Motion by Mrs. Fischbach to amend the rule to H.R. 8 to make in order amendment #32, offered by Rep. Chabot (OH), which adds a new exemption to the background check requirement, allowing a transfer of firearms to or from a museum or historical display. Defeated: 3–8
Majority Member
Vote
Mr. Hastings
No Vote
Mrs. Torres
Nay
Mr. Perlmutter
Nay
Mr. Raskin
Nay
Ms. Scanlon
Nay
Mr. Morelle
Nay
Mr. DeSaulnier
Nay
Ms. Ross
Nay
Mr. McGovern, Chairman
Nay
Minority Member
Vote
Mr. Cole
Yea
Mr. Burgess
No Vote
Mr. Reschenthaler
Yea
Mrs. Fischbach
Yea
Rules Committee Record Vote No. 59
Motion by Ms. Scanlon to report the rule. Adopted: 8–3
Majority Member
Vote
Mr. Hastings
No Vote
Mrs. Torres
Yea
Mr. Perlmutter
Yea
Mr. Raskin
Yea
Ms. Scanlon
Yea
Mr. Morelle
Yea
Mr. DeSaulnier
Yea
Ms. Ross
Yea
Mr. McGovern, Chairman
Yea
Minority Member
Vote
Mr. Cole
Nay
Mr. Burgess
No Vote
Mr. Reschenthaler
Nay
Mrs. Fischbach
Nay