{"bills":[{"photos":{"featured":"https://assets.causes.com/bill/photo/hjres40-115/featured_providing-for-congressional-disapproval-under-chapter-8-of-title-5-united-states-code-of-the-rule-submitted-by--1487116098.jpg","featured_large":"https://assets.causes.com/bill/photo/hjres40-115/featured_large_providing-for-congressional-disapproval-under-chapter-8-of-title-5-united-states-code-of-the-rule-submitted-by--1487116098.jpg","shareable":"https://n.causes.com/share-images/bills/hjres40-115.png"},"introduced_on":"2017-01-30","title_override":"Should a Rule Requiring the Gov't to Add “Mental Defectives” to a Criminal Background Check Database be Repealed?","summary_override":"

This resolution would repeal a regulation issued by the Social Security Administration (SSA) that requires the agency to submit personal information about beneficiaries deemed by the government to be “mental defectives” to the National Instant Criminal Background Check System (NICS) if they’re unable to manage their own affairs and qualify for disability.

The regulation was finalized during the final weeks of the Obama administration, and was intended to prevent people with a “mental disorder” who receive disability benefits through a person responsible for their well-being from purchasing a firearm. The SSA maintains a list of mental disorders that would be used in referring individuals’ information to the NICS, which includes anxiety, bipolar disorder, depression, eating disorders, PTSD, and schizophrenia among other intellectual and personality disorders. Under the rule, people denied the ability to purchase a gun would be able to petition to have that right restored, but wouldn’t be afforded the ability to challenge the right being taken away in the first place.

Under the Congressional Review Act, Congress can overturn regulations issued within the last 60 legislative days with simple majority votes in both chambers. The resolution would need to be signed into law by the president to take effect.

","official_title":"Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Social Security Administration relating to Implementation of the NICS Improvement Amendments Act of 2007.","short_title":null,"popular_title":null,"short_summary":"(This measure has not been amended since it was introduced. The summary of that version is repeated here.)\n\nThis joint resolution nullifies the “Implementation of the NICS Improvement Amendments Act of 2007” rule finalized by the Social Security Administration on December 19, 2016. The rule implements a plan to provide to the National Instant Criminal History Background Check System the name of an individual who meets certain criteria, including that benefit payments are made through a representative payee because the individual is determined to be mentally incapable of managing them. (Current law prohibits firearm sale or transfer to and purchase or possession by a person who has been adjudicated as a mental defective.)","summarized":true,"cost":null,"cost_commentary":"A CBO cost estimate is unavailable.","impact":"People who would be reported to the NICS by the SSA; and the SSA.","argument_for":"The Social Security Administration’s regulation is too broad and could deny law abiding citizens with no history of violence their right to own a firearm under the Second Amendment. No one wants the mentally ill to possess guns, but the rule creates more problems than it solves.","argument_against":"The Social Security Administration’s regulation specifies that only people who have qualified for disability because of a mental disorder and are unable to manage their own affairs would be reported to the criminal background check database. That’s wise, and the rule should stay.","bill_type":"hjres","published":true,"type":"FederalBill","id":"hjres40-115","bill_id":"hjres40-115","formal_id":"H. Joint Res. 40","chamber":"house","congress":115,"last_action_at":"2017-02-28T00:00:00.000Z","active":true,"enacted":true,"enacted_at":"2017-02-28","vetoed":false,"last_vote_at":"2017-02-15T00:00:00.000Z","debated_on":null,"congress_url":"https://www.congress.gov/bill/115th/house-joint-resolution/40","plain_text_url":"https://www.gpo.gov/fdsys/pkg/BILLS-115hjres40enr/html/BILLS-115hjres40enr.htm","shareable_image_url":"https://n.causes.com/share-images/bills/hjres40-115.png","congress_full_text_url":"https://www.congress.gov/bill/115th/house-joint-resolution/40/text","is_current_congress":false,"last_version_on":"2017-08-16","related_bill_ids":["hr5225-115","hres71-115","sjres14-115"],"progress":"Enacted","house_passage_result":true,"senate_passage_result":true,"position_count":4448,"committees":[{"name":"Committee on the Judiciary","chamber":"house","committee_id":"HSJU","subcommittee":false},{"name":"Crime, Terrorism and Homeland Security","chamber":"house","committee_id":"HSJU08","subcommittee":true}],"links":{"rollCalls":"/api/roll_calls?bill_id=hjres40-115","details":"/api/bills/hjres40-115/details","sharingMessage":"/api/sharing_messages/hjres40-115","positionsFor":"/api/bills/hjres40-115/positions/for","positionsAgainst":"/api/bills/hjres40-115/positions/against"},"upcoming":false,"cosponsors_count":120,"slug":"hjres40-115-providing-for-congressional-disapproval-under-chapter-8-of-title-5-united-states-code-of-the-rule-submitted-by-the-social-security-administration-re","latest_chamber_votes_id":"hjres40-115","official_url":null,"target_video":true,"following":false,"vote_count":36204,"yea_vote_count":6649,"nay_vote_count":29499,"passed_house":true,"passed_senate":true,"vote_id":null,"my_position_id":null,"topic_ids":["poverty","crime-and-police"],"issue_ids":["guns","poverty","crime-and-police"],"sponsor_id":385}],"votes":[],"issues":[{"id":"guns","name":"Guns","slug":"guns","description":"Vote on the latest federal legislation regarding Guns. Make your voice heard about the issues you care about. ","page_title":"Guns Legislation - Vote on Bills, Stay informed, Hold Your Reps Accountable","icons":{"black":"https://assets.causes.com/issue/icon/guns/black_guns-1429042052.svg","grey":"https://assets.causes.com/issue/icon/guns/grey_guns-1429042052.svg","white":"https://assets.causes.com/issue/icon/guns/white_guns-1429042052.svg"},"cover_image_url":"https://d15oah1tzzrs2i.cloudfront.net/uploads/upload/image/292/large_iStock-620740268.jpg","is_following":false},{"id":"poverty","name":"Poverty","slug":"poverty","description":"US Congressional Legislation encompassing poverty and welfare assistance, and Social Security. ","page_title":"US Federal legislation related to Poverty and Social Welfare, including Social Security - Vote on Bills, Stay informed, Hold Your Reps Accountable","icons":{"black":"https://assets.causes.com/issue/icon/poverty/black_poverty-1453508993.svg","grey":"https://assets.causes.com/issue/icon/poverty/grey_poverty-1453508993.svg","white":"https://assets.causes.com/issue/icon/poverty/white_poverty-1453508993.svg"},"cover_image_url":null,"is_following":false},{"id":"crime-and-police","name":"Crime & Police","slug":"crime-and-police","description":"Federal legislation related to the prevention of crimes(from assault to organized crime to juvenile crime), firearms and explosives, correctional facilities and terrorism. Make your voice heard about the issues you care about.","page_title":"Crime Prevention Legislation - Vote on Bills, Stay informed, Hold Your Reps Accountable","icons":{"black":"https://assets.causes.com/issue/icon/crime-and-police/black_crime-and-police-1429042040.svg","grey":"https://assets.causes.com/issue/icon/crime-and-police/grey_crime-and-police-1429042040.svg","white":"https://assets.causes.com/issue/icon/crime-and-police/white_crime-and-police-1429042040.svg"},"cover_image_url":null,"is_following":false}],"users":[{"name":"Baileyddavis","vote_count":90,"photos":{"large":"https://assets.causes.com/user/avatar/default-with-flags.png","small":"https://assets.causes.com/user/avatar/default-with-flags.png","tiny":"https://assets.causes.com/user/avatar/default-with-flags.png"},"links":{"following":"/api/users/8mrnz57m/following","followers":"/api/users/8mrnz57m/followers"},"about_me":null,"twitter_id":null,"facebook_id":null,"youtube_id":null,"google_plus_id":null,"website":null,"slug":"baileyddavis","issue_count":0,"is_following":null,"influence_score":50,"influence_level":20,"follower_count":1,"following_count":0,"position_count":88,"id":"8mrnz57m","partner_id":null}],"bill_position":{"flagged":false,"id":"e23de979-0897-49e1-a483-7810d4daecd9","argument_for":"People who are mentally unstable really shouldn't be able to operate a \"war machine\". However I feel as though there should be limits based on in what way someone is mentally unstable.","argument_against":null,"show_argument_for":true,"show_argument_against":false,"upvote_count":0,"upvotes_for_count":0,"upvotes_against_count":null,"has_upvoted":false,"endorsement_count":0,"links":{"self":"https://www.causes.com/positions/e23de979-0897-49e1-a483-7810d4daecd9"},"body":"People who are mentally unstable really shouldn't be able to operate a \"war machine\". However I feel as though there should be limits based on in what way someone is mentally unstable.","stance":"yea","created_at":"2017-11-15T16:54:01.284Z","shareable_image_url":"https://n.causes.com/share-images/positions/e23de979-0897-49e1-a483-7810d4daecd9.png","note_color":null,"note_text":null,"bill_id":"hjres40-115","user_id":"8mrnz57m","endorser_ids":[]}}

Like Causes?

Baileyddavis

Should a Rule Requiring the Gov't to Add “Mental Defectives” to a Criminal Background Check Database be Repealed?