H.R. 2184, Firearm Due Process Protection Act
H.R. 2184 would amend the authority that allows a person to bring legal action against the federal government, a state, or a political subdivision of a state if one of those entities provides incorrect information to the National Instant Criminal Background Check System (NICS) that results in the denial of a firearm purchase. Under current law, firearm dealers are legally required to contact the NICS for background checks conducted on people purchasing firearms or explosives.
H.R. 2184 would require federal courts to hold hearings within 30 days of any filing pertaining to a subsection of legal actions included in the Brady Handgun Violence Prevention Act and require the relevant government entity to bear the burden of proof for violations preventing a person from owning a firearm. The bill also would require the relevant government entity to cover the legal costs for people who win their case; under current law, the court decides when to award legal fees.
Finally, the bill would require the Federal Bureau of Investigation (FBI) to report annually to the Congress on how often the NICS receives challenges to the accuracy of its records.
The bill does not specify a source of funding for the payment of legal fees, but because the payment of those fees would be required by law and not explicitly subject to future appropriation, CBO treats the payments by federal entities as direct spending. Using information from the FBI, CBO expects the additional legal fees paid by the federal government would be very small. On that basis, CBO estimates that the increase in direct spending under H.R. 2184 would be less than $500,000 over the 2025-2035 period.
Using information from the FBI and based on the costs of similar reporting requirements, CBO estimates that any administrative costs for processing additional cases and reporting to the Congress would be insignificant; any related spending would be subject to the availability of appropriated funds.
The CBO staff contact for this estimate is Zunara Naeem. The estimate was reviewed by H. Samuel Papenfuss, Deputy Director of Budget Analysis.
Phillip L. Swagel
Director, Congressional Budget Office
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