Daily Whipline

February 28, 2019

MAJORITY WHIPLINE: THURSDAY, FEBRUARY 28, 2019

THURSDAY, FEBRUARY 28, 2019                                                                                                           

House Meets At…

Votes Predicted At…

9:00 a.m. Legislative Business

Five “One Minutes” Per Side

First Votes/Last Votes: 11:00 a.m. – 12:00 p.m.

ANY ANTICIPATED MEMBER ABSENCES FOR VOTES TODAY SHOULD BE REPORTED

IMMEDIATELY TO THE OFFICE OF THE MAJORITY WHIP AT 6-3210.

Floor Schedule and Procedure:

Under a Rule (1 bill)

H.R. 1112 – Enhanced Background Checks Act of 2019 (Rep. Clyburn – Judiciary)

  • The bipartisan legislation will help address the so-called “Charleston Loophole,” which currently allows the sale of a firearm to proceed if a background check is not completed within three business days. 97 percent of all gun background checks are completed within 3 business days.  For the 3 percent that are unresolved, the bill gives the FBI additional time to complete these background check investigations before the firearm can be transferred.  
  • The “Charleston Loophole” (also known as “Default Proceed”) is so named due to the murder of nine people at the Emanuel AME Church in Charleston in 2015. In that tragedy, the shooter was legally prohibited from buying a gun because of previous drug use, but that fact was not uncovered by the FBI within the 3-business day period. After the period ran, the murderer bought a gun from a licensed dealer, despite not having received a definitive response from the NICS background check system. 
  • In 2016 alone, more than 4,000 guns were sold to people with criminal records and other circumstances that disqualify them from gun ownership, due to the inability to complete background checks within 3 business days. Since 1998, the “Charleston Loophole” has put more than 60,000 guns into the hands of prohibited purchasers.
  • The bill extends the initial background check review period from 3 business days to 10 business days. If after 10 business days the NICS system has not returned an answer to the gun dealer, the purchaser may request an escalated review. If the additional 10 business days elapse without a response from the NICS system, then the licensed gun dealer may sell or transfer the gun to the purchaser.

The Rule provides for one hour of debate and makes in order the following amendments:

Rice (SC) Amendment (10 minutes of debate)

Gives NICS background check examiners access to additional information provided by the National Data Exchange (N-DEx) when reviewing firearm transfers.
Schneider Amendment (10 minutes of debate)

Requires the FBI to annually report on the number of petitions concerning delayed transactions it was not able to make a determination on within the 10-day period.
Levin (MI) Amendment (10 minutes of debate)

Requires GAO to submit a report to the Congress analyzing the extent to which the bill prevents firearms from being transferred to prohibited persons. The report shall be issued 90 days after the 1 year, 3 years, and 5 years following the date of implementation of the law.
Porter Amendment (10 minutes of debate)

Requires a report analyzing the impact of this Act on the safety of victims of domestic violence, domestic abuse, dating partner violence, sexual assault, and stalking.
Van Drew Amendment (10 minutes of debate)

Allows a licensed gun dealer who has contacted the National Instant Criminal Background Check System (NICS), and who was not notified that the transfer is legally permissible within 3 business days of the initial date of contact, to rely on information provided by NICS respecting a transfer for 25 days if and after the transfer becomes legally permissible.

QUOTE OF THE DAY:

“Our people expect the best of us. They send us to take care of the people's business, and those of us who take hold of that responsibility understand that's what it's really about.” 

- The Honorable Clementa C. Pinckney