[House Report 117-623]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 117-623
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RESOLUTION CALLING FOR THE SUBMISSION TO THE HOUSE OF REPRESENTATIVES
OF CERTAIN INFORMATION IN THE POSSESSION OF THE ATTORNEY GENERAL
REGARDING NICS INDICES SELF-SUBMISSION FORMS
_______
December 13, 2022.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Nadler, from the Committee on the Judiciary, submitted the
following
R E P O R T
together with
MINORITY VIEWS
[To accompany H. Res. 1477]
The Committee on the Judiciary, to whom was referred the
resolution (H. Res. 1477) calling for the submission to the
House of Representatives of certain information in the
possession of the Attorney General regarding NICS Indices Self-
Submission Forms, having considered the same, reports favorably
thereon with amendments and recommends that the resolution as
amended be agreed to.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for the Legislation.......................... 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 5
Committee Estimate of Budgetary Effects.......................... 5
New Budget Authority and Congressional Budget Office Cost
Estimate....................................................... 5
Duplication of Federal Programs.................................. 5
Performance Goals and Objectives................................. 5
Advisory on Earmarks............................................. 5
Section-by-Section Analysis...................................... 5
Minority Views................................................... 5
The amendments are as follows:
Strike all after the resolving clause and insert the
following:
That Attorney General Merrick Garland is requested to furnish to the
House of Representatives not later than 14 days after the adoption of
this resolution, in a complete and unredacted form, a copy of any
documents, records, reports, memos, correspondence, or other
communication either generated or received by the office of Attorney
General Merrick Garland that refers to information regarding NICS
Indices Self-Submission Forms, how the determination to distribute the
forms was made, and the reasoning for distributing the forms from
January 1, 2016, through the present date.
Amend the title so as to read:
A resolution Calling for the submission to the House of
Representatives of certain information in the possession of
Attorney General Merrick Garland regarding NICS Indices Self-
Submission Forms.
Purpose and Summary
H. Res. 1477 is a non-binding resolution of inquiry that
requests Attorney General Merrick Garland provide certain
documents to the House of Representatives relating to NICS
Indices Self-Submission Forms. Representative Andrew Clyde (R-
GA) introduced the resolution on November 16, 2022. It
currently has no co-sponsors.
Background and Need for the Legislation
I. BACKGROUND ON RESOLUTIONS OF INQUIRY
Under the rules and precedents of the House, a resolution
of inquiry is used to obtain information from the executive
branch. A resolution of inquiry is directed to the President of
the United States or the head of a Cabinet-level agency,
requesting facts within the control of the executive branch.\1\
As a ``simple resolution,'' designated by ``H. Res.,'' a
resolution of inquiry does not carry the force of law.
``Compliance by the executive branch with the House's request
is voluntary, resting largely on a sense of comity between co-
equal branches of government and a recognition of the necessity
for Congress to be well-informed as it legislates.''\2\
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\1\Christopher M. Davis, Resolutions of Inquiry: An Analysis of
Their Use in the House, 1947-2011, Cong. Res. Serv. R40879 (May 15,
2012).
\2\Id. at 2.
\3\House rule XIII, clause 7.
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House rules afford resolutions of inquiry a privileged
parliamentary status. A Member files a resolution of inquiry
like any other legislation. The resolution is then referred to
the proper committee of jurisdiction and the committee may: (1)
report the resolution either favorably or unfavorably; or (2)
choose not to report the resolution. If the committee does not
report the resolution to the House within 14 legislative days
of its introduction, however, a motion to discharge the
resolution from committee can be made on the House floor.\3\
II. NEED FOR THE LEGISLATION
This resolution requests that Attorney General Merrick
Garland provide the House with complete and unredacted copies
of any documents, records, reports, memos, correspondence, or
other communication either generated or received by the Office
of Attorney General Merrick Garland that refers to information
regarding NICS Indices Self-Submission Forms, how the
determination to distribute the forms was made, and the
reasoning for distributing the forms from January 1, 2016,
through the present date.
The resolution relates to an FBI form that allows an
individual to voluntarily relinquish their rights to own or
possess a firearm based on their lack of mental capacity. It
has been said that the submission of this form results in the
individual's entry into the FBI's National Instant Criminal
Background Check System, or ``NICS,'' as a prohibited person
who is federally barred from possessing a firearm, and that an
individual may not be able to remove their name from NICS
system. Representatives in support of the resolution indicated
that that FBI stopped using the form in 2019.
Without more information before this Committee regarding
this form, the Committee cannot take an informed position on
the resolution. There may be legitimate reasons to investigate
the use of the NICS form. However, the Committee has had
several hearings and markups on firearms-related issues, and no
Member raised a single issue or asked any questions about these
forms. Moreover, the resolution requests records that date back
to three different presidential administrations, with four
different Attorneys General--suggesting that time is not of the
essence. Members are free to request this information directly
from the Department of Justice's Office of Legislative Affairs
and have other means at their disposal to obtain the requested
information. Because a Resolution of Inquiry is not the best
vehicle for obtaining this information, particularly in the
waning days of this Congress, the Committee reported the
resolution with no recommendation.
Hearings
The Committee on the Judiciary held no hearings on H. Res.
1477.
Committee Consideration
On December 7, 2022, the Committee met in open session and
ordered the resolution, H. Res. 1477, reported without
recommendation with an amendment in the nature of a substitute,
by a rollcall vote of 21-14, a quorum being present.
Committee Votes
In compliance with clause 3(b) of House rule XIII, the
following rollcall vote occurred during the Committee's
consideration of H. Res. 1477:
1. A motion to report H. Res. 1477 with no
recommendation was agreed to by a rollcall vote of 21-
14. The vote was as follows:
Committee Oversight Findings
In compliance with clause 3(c)(1) of House rule XIII, the
Committee advises that the findings and recommendations of the
Committee, based on oversight activities under clause 2(b)(1)
of House rule X, are incorporated in the descriptive portions
of this report.
Committee Estimate of Budgetary Effects
Pursuant to clause 3(d)(1) of House rule XIII, the
Committee adopts as its own the cost estimate prepared by the
Director of the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974.
New Budget Authority and Tax Expenditures
Neither clause 3(c)(2) of House rule XIII and section
308(a) of the Congressional Budget Act of 1974, nor clause
(3)(c)(3) of House rule XIII and section 402 of the
Congressional Budget Act of 1974, are applicable because this
legislation does not provide new budgetary authority or incur
costs.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of House rule XIII, no provision
of H. Res. 1477 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
House rule XIII, H. Res. 1477 requests Attorney General Garland
to transmit to the House of Representatives documents relating
to NICS Indices Self-Submission Forms.
Advisory on Earmarks
In accordance with clause 9 of House rule XXI, H. Res. 1477
does not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits as defined in clause 9(e),
9(f), or 9(g) of rule XXI.
Section-by-Section Analysis
The following discussion describes the resolution as
reported by the Committee.
H. Res. 1477, a non-binding resolution of inquiry, requests
Attorney General Merrick Garland transmit to the House of
Representatives any document relating to NICS Indices Self-
Submission Forms, how the determination to distribute the forms
was made, and the reasoning for distributing the forms from
January 1, 2016, through the present.
Minority Views
H. Res. 1477 requests the Attorney General to provide the
House of Representatives with documents generated or received
by the Attorney General regarding National Instant Criminal
Background Check System (NICS) Indices Self-Submission Forms.
This information would assist the Committee in ensuring that
law-enforcement agencies are not depriving individuals of their
Second Amendment rights without due process.
The Federal Bureau of Investigation (FBI) operates the NICS
system, which Congress established in the Brady Handgun
Violence Prevention Act of 1992.\1\ Federal Firearms Licensees
(FFL) must contact the FBI to conduct a NICS check when
performing a background check to determine whether a potential
purchaser falls within a prohibited category. When the FBI runs
a NICS check, it searches three different databases, all
maintained by the FBI:
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\1\Federal Bureau of Investigation, National Instant Criminal
Background Check System (NICS), https://www.fbi.gov/services/cjis/nics
(last visited May 13, 2021).
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Interstate Identification Index (III)--a
database of criminal history information;
National Crime Information Center (NCIC)--
information on individuals subject to civil protection
orders and arrest warrants; and
NICS Indices--information provided by
federal and state agencies that is not included in the
III or NCIC, such as information that shows an
individual has a mental health history or is an illegal
alien.\2\
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\2\Bureau of Justice Statistics, The NICS Improvement Act of 2007,
https://www.bjs.gov/index.cfm?ty=tp&tid=49 (last visited May 13, 2021).
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NICS provides full service to the FFLs in thirty states,
five U.S. territories, and the District of Columbia, while
providing only partial service to seven states.\3\ Thirteen
states perform their own checks through NICS.\4\ The FBI
reported over 3.5 million NICS checks in April of 2021 and over
4.5 million NICS checks in March of 2021--the most NICS checks
in any month ever.\5\ In March 2018, President Trump signed the
Fix NICS Act into law, which ensured that relevant state and
federal agency records are submitted to the NICS databases in a
timely manner.\6\
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\3\Federal Bureau of Investigation, National Instant Criminal
Background Check System (NICS), https://www.fbi.gov/services/cjis/nics
(last visited May 13, 2021).
\4\Id.
\5\Federal Bureau of Investigation, NICS Firearm Background Checks:
Month/Year, https://www.fbi.gov/file-repository/nics_firearm_checks_-
_month_year.pdf/view (last visited May 14, 2021).
\6\Fix NICS Act of 2017 (Pub. L. 115-141).
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Between 2016 and 2019, the FBI created and utilized what it
termed a ``NICS Indices Self-Submission Form.''\7\ By
completing and signing the form, a citizen authorized the
disclosure of his or her mental health records to NICS Indices,
resulting in the denial of the citizen's right to purchase or
possess a firearm.\8\ An FBI spokesperson stated that the form
was purportedly ``created to provide an avenue for individuals
to self-report to the NICS Section when individuals felt they
were a danger to themselves or others.''\9\ According to
documents acquired through the Freedom of Information Act by
Gun Owners of America (GOA), the FBI used these forms on at
least 15 occasions.\10\ On these occasions, armed FBI agents
presented the forms to the individuals, raising the concern
that the individuals signed the forms--and surrendered their
constitutional rights--under duress.\11\ Although some
individuals who signed the forms allegedly made threats of
violence,\12\ it is unclear if any of those who signed the
forms were arrested, tried, and convicted for making threats.
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\7\Tim Cooper, FBI Pressures Citizens to Forfeit 2A Rights Via NICS
E Check Form, Free Range American, Sep. 21, 2022), https://
freerangeamerican.us/nics-e-check-gun-rights/.
\8\Id. (see form below).
\9\Gabe Kaminsky, EXCLUSIVE: The FBI Secretly Pressured Americans
to Waive Away Their Gun Rights, Daily Caller, (Sep. 6, 2022), https://
dailycaller.com/2022/09/06/fbi-second-amendment-nics/.
\10\Id.
\11\Id.
\12\Id.
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The Gun Control Act of 1968 specifies who is prohibited
from purchasing or possessing firearms.\13\ The identities of
those individuals prohibited by law from purchasing or
possessing firearms are maintained in the NICS system. The Act,
however, does not authorize--nor does it contemplate--an
individual self-submitting his or her name into the NICS
System. In fact, Democrats are aware of this fact. At the same
business meeting during which the Committee considered H. Res.
1477, the Committee also considered H.R. 8361, a bill that
would authorize a individuals to voluntarily place themselves
on a list to prohibit them from purchasing or possessing a
firearm.
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\13\See 18 U.S.C. 922(g).
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Jim Jordan,
Ranking Member.
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