H.R. 5874 — Firearm Access During Shutdowns Act

This section deems specified firearm-related operations, functions, and services as relating to emergencies involving the safety of human life or the protection of property for purposes of the Antideficiency Act provision on voluntary services (31 U.S.C. 1342), thereby excepting employees performing those operations during lapses in appropriations. (As background, the Antideficiency Act generally requires a lapse in appropriations—commonly known as a government shutdown—to halt all non-essential federal operations except those necessary to address such emergencies.) The covered operations are (1) the National Instant Criminal Background Check System (NICS) of the Federal Bureau of Investigation (FBI), including background checks supporting the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Directorate of Enforcement Programs and Services; (2) the ATF Directorate of Enforcement Programs and Services; (3) the Department of Commerce Bureau of Industry and Security activities relating to firearms and firearm-related products, including export license applications; and (4) the Department of State Directorate of Defense Trade Controls activities relating to firearms and firearm-related products, including export license applications. (Thus, these operations continue uninterrupted during government shutdowns.)