H.J.Res. 40: 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.

H.J.Res. 40, now P.L. 115-8, disapproved of the rule submitted by the Social Security Administration (SSA) announcing it would share information with the National Instant Criminal Background Check System (NICS) on individuals who receive Disability Insurance benefits or Supplemental Security Income payments and meet five defined criteria thus precluding those individuals so identified from purchasing guns when the NICS was used for background checks.

The criteria included the following: The individual must have (1) filed a claim based on disability; (2) been determined by the SSA to be disabled based on a finding at step three of the SSA’s sequential evaluation process that the individual’s impairment(s) meets or medically equals the requirements of one of the Mental Disorder Listings; (3) a primary diagnosis code in our records that is based on a mental impairment; (4) attained age 18, but have not yet attained full retirement age; and (5) benefit payments made through a representative payee because the SSA has found the individual incapable of managing benefit payments.

Last updated Mar 13, 2017. Source: Republican Policy Committee

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Mar 1, 2017.


(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

This 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.)