Enhanced Background Checks Act of 2021
(Sec. 2) This bill revises background check requirements applicable to proposed firearm transfers from a federal firearms licensee (e.g., a licensed gun dealer) to an unlicensed person.
Specifically, it increases the amount of time, from 3 business days to a minimum of 10 business days, that a federal firearms licensee must wait to receive a completed background check prior to transferring a firearm to an unlicensed person. (This type of transaction is often referred to as a default proceed transaction.)
If a submitted background check remains incomplete after 10 business days, then the prospective purchaser may submit a petition for a final firearms eligibility determination. If an additional 10 days elapse without a final determination, then the federal firearms licensee may transfer the firearm to the prospective purchaser.
(Sec. 3) The Government Accountability Office must report on the extent to which the changes have prevented firearms transfers to prohibited persons.
(Sec. 4) The Federal Bureau of Investigation must report on the number of petitions it receives for final federal firearms determinations.
(Sec. 5) The Department of Justice, in consultation with the National Resource Center on Domestic Violence and Firearms, must report on further amendments to the background check process that would likely reduce the risk of death or great bodily harm to victims of domestic violence, domestic abuse, dating partner violence, sexual assault, and stalking.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1446 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 1446
To amend chapter 44 of title 18, United States Code, to strengthen the
background check procedures to be followed before a Federal firearms
licensee may transfer a firearm to a person who is not such a licensee.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 1, 2021
Mr. Clyburn (for himself, Ms. Adams, Mr. Auchincloss, Ms. Bass, Mrs.
Beatty, Ms. Bonamici, Mr. Brendan F. Boyle of Pennsylvania, Mr. Brown,
Ms. Bush, Mr. Carson, Mr. Casten, Mr. Cicilline, Ms. Clark of
Massachusetts, Ms. Clarke of New York, Mr. Cohen, Mr. Connolly, Mr.
Cooper, Mr. Danny K. Davis of Illinois, Ms. Dean, Mrs. Demings, Mr.
DeSaulnier, Mr. Espaillat, Mr. Garcia of Illinois, Mr. Hastings, Mr.
Higgins of New York, Ms. Houlahan, Ms. Jackson Lee, Ms. Jacobs of
California, Mr. Kilmer, Mr. Langevin, Mrs. Lawrence, Ms. Lee of
California, Mr. Levin of Michigan, Mr. Lowenthal, Mr. Malinowski, Mrs.
Carolyn B. Maloney of New York, Mr. McEachin, Ms. Meng, Mr. Mfume, Ms.
Moore of Wisconsin, Mr. Nadler, Mr. Neguse, Ms. Norton, Mr. Payne, Mr.
Perlmutter, Mr. Peters, Mr. Raskin, Mr. Rush, Ms. Schakowsky, Mr.
Schiff, Mr. Schneider, Mr. Smith of Washington, Mr. Soto, Ms. Speier,
Ms. Stevens, Ms. Strickland, Mr. Swalwell, Mrs. Trahan, Mr. Trone, Ms.
Wasserman Schultz, and Mrs. Watson Coleman) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend chapter 44 of title 18, United States Code, to strengthen the
background check procedures to be followed before a Federal firearms
licensee may transfer a firearm to a person who is not such a licensee.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhanced Background Checks Act of
2021''.
SEC. 2. STRENGTHENING OF BACKGROUND CHECK PROCEDURES TO BE FOLLOWED
BEFORE A FEDERAL FIREARMS LICENSEE MAY TRANSFER A FIREARM
TO A PERSON WHO IS NOT SUCH A LICENSEE.
Section 922(t) of title 18, United States Code is amended--
(1) in paragraph (1)(B), by striking clause (ii) and
inserting the following:
``(ii) in the event the system has not notified the
licensee that the receipt of a firearm by such other person
would violate subsection (g) or (n) of this section--
``(I) not fewer than 10 business days (meaning a
day on which State offices are open) has elapsed since
the licensee contacted the system, and the system has
not notified the licensee that the receipt of a firearm
by such other person would violate subsection (g) or
(n) of this section, and the other person has
submitted, electronically through a website established
by the Attorney General or by first-class mail, a
petition for review which--
``(aa) certifies that such other person has
no reason to believe that such other person is
prohibited by Federal, State, or local law from
purchasing or possessing a firearm; and
``(bb) requests that the system respond to
the contact referred to in subparagraph (A)
within 10 business days after the date the
petition was submitted (or, if the petition is
submitted by first-class mail, the date the
letter containing the petition is postmarked);
and
``(II) 10 business days have elapsed since the
other person so submitted the petition, and the system
has not notified the licensee that the receipt of a
firearm by such other person would violate subsection
(g) or (n) of this section; and''; and
(2) by adding at the end the following:
``(7) The Attorney General shall--
``(A) prescribe the form on which a petition shall be
submitted pursuant to paragraph (1)(B)(ii);
``(B) make the form available electronically, and provide a
copy of the form to all licensees referred to in paragraph (1);
``(C) provide the petitioner and the licensee involved
written notice of receipt of the petition, either
electronically or by first-class mail; and
``(D) respond on an expedited basis to any such petition
received by the Attorney General.
``(8)(A) If, after 3 business days have elapsed since the licensee
initially contacted the system about a firearm transaction, the system
notifies the licensee that the receipt of a firearm by such other
person would not violate subsection (g) or (n), the licensee may
continue to rely on that notification for the longer of--
``(i) an additional 25 calendar days after the licensee
receives the notification; or
``(ii) 30 calendar days after the date of the initial
contact.
``(B) If such other person has met the requirements of paragraph
(1)(B)(ii) before the system destroys the records related to the
firearm transaction, the licensee may continue to rely on such other
person having met the requirements for an additional 25 calendar days
after the date such other person first met the requirements.''.
SEC. 3. GAO REPORTS.
Within 90 days after the end of each of the 1-year, 3-year, and 5-
year periods that begin with the effective date of this Act, the
Comptroller General of the United States shall prepare and submit to
the Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate a written report analyzing the
extent to which, during the respective period, paragraphs (1)(B)(ii)
and (7) of section 922(t) of title 18, United States Code, have
prevented firearms from being transferred to prohibited persons, which
report shall include but not be limited to the following--
(1) an assessment of the overall implementation of such
subsections, including a description of the challenges faced in
implementing such paragraphs; and
(2) an aggregate description of firearm purchase delays and
denials, and an aggregate analysis of the petitions submitted
pursuant to such paragraph (1)(B)(ii).
SEC. 4. REPORTS ON PETITIONS SUPPORTING FIREARM TRANSFERS NOT
IMMEDIATELY APPROVED BY NICS SYSTEM, THAT WERE NOT
RESPONDED TO IN A TIMELY MANNER.
The Director of the Federal Bureau of Investigation shall make an
annual report to the public on the number of petitions received by the
national instant criminal background check system established under
section 103 of the Brady Handgun Violence Prevention Act that were
submitted pursuant to subclause (I) of section 922(t)(1)(B)(ii) of
title 18, United States Code, with respect to which a determination was
not made within the 10-day period referred to in subclause (II) of such
section.
SEC. 5. REPORT TO THE CONGRESS.
Within 150 days after the date of the enactment of this Act, the
Attorney General, in consultation with the National Resource Center on
Domestic Violence and Firearms, shall submit to the Congress a report
analyzing the effect, if any, of this Act on the safety of victims of
domestic violence, domestic abuse, dating partner violence, sexual
assault, and stalking, and whether any further amendments to the
background check process, including amendments to the conditions that
must be met under this Act for a firearm to be transferred when the
system has not notified the licensee that such transfer would not
violate subsection (g) or (n) of section 922 of title 18, United States
Code, would likely result in a reduction in the risk of death or great
bodily harm to victims of domestic violence, domestic abuse, dating
partner violence, sexual assault, and stalking.
SEC. 6. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect 210
days after the date of the enactment of this Act.
<all>
Rule H. Res. 188 passed House.
Considered under the provisions of rule H. Res. 188. (consideration: CR H1303-1314)
Rule provides for consideration of H.R. 842, H.R. 8 and H.R. 1446. Rule provides for one hour of general debate for H.R. 842, H.R. 8, and H.R. 1446. The rule provides for a motion to recommit on H.R. 842, H.R. 8, and H.R. 1446.
DEBATE - The House proceeded with one hour of debate on H.R. 1446.
DEBATE - Pursuant to the provisions of H.Res. 188, the House proceeded with 20 minutes of debate on the Nadler en bloc amendment No. 1.
Motion to reconsider laid on the table. Agreed to without objection.
Mr. Hudson moved to recommit to the Committee on the Judiciary. (text: CR H1314)
The previous question on the motion was ordered without objection.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Hudson motion to recommit, the Chair put the question on agreeing to the motion to recommit and by voice vote announced that the noes had prevailed. Mr. Hudson demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
Pursuant to clause 1(c) of Rule XIX, further consideration of H.R. 1446 is postponed.
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Pursuant to clause 1(c) of Rule XIX, the House resumed consideration of H.R. 1446.
Considered as unfinished business. (consideration: CR H1332-1334)
UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on agreeing to the motion to recommit H. R. 1446 which had been debated earlier and on which further proceedings had been postponed.
On motion to recommit Failed by the Yeas and Nays: 206 - 212 (Roll no. 76).
Roll Call #76 (House)Passed/agreed to in House: On passage Passed by the Yeas and Nays: 219 - 210 (Roll no. 77).(text: 3/10/2021 CR H1303)
Roll Call #77 (House)On passage Passed by the Yeas and Nays: 219 - 210 (Roll no. 77). (text: 3/10/2021 CR H1303)
Roll Call #77 (House)Motion to reconsider laid on the table. Agreed to without objection.
Received in the Senate.
Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 391.