I 

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. GARCI ́A 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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Enhanced Background 

5 Checks Act of 2021’’. 

6 SEC. 2. STRENGTHENING OF BACKGROUND CHECK PROCE7 DURES TO BE FOLLOWED BEFORE A FED8 ERAL FIREARMS LICENSEE MAY TRANSFER A 

9 FIREARM TO A PERSON WHO IS NOT SUCH A 

10 LICENSEE. 

11 Section 922(t) of title 18, United States Code is 

12 amended— 

13 (1) in paragraph (1)(B), by striking clause (ii) 

14 and inserting the following: 

15 ‘‘(ii) in the event the system has not notified 

16 the licensee that the receipt of a firearm by such 

17 other person would violate subsection (g) or (n) of 

18 this section— 

19 ‘‘(I) not fewer than 10 business days 

20 (meaning a day on which State offices are 

21 open) has elapsed since the licensee contacted 

22 the system, and the system has not notified the 

23 licensee that the receipt of a firearm by such 

24 other person would violate subsection (g) or (n) 

25 of this section, and the other person has subVerDate Sep 11 2014 02:24 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1446.IH H1446

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1 mitted, electronically through a website estab2 lished by the Attorney General or by first-class 

3 mail, a petition for review which— 

4 ‘‘(aa) certifies that such other person 

5 has no reason to believe that such other 

6 person is prohibited by Federal, State, or 

7 local law from purchasing or possessing a 

8 firearm; and 

9 ‘‘(bb) requests that the system re10 spond to the contact referred to in sub11 paragraph (A) within 10 business days 

12 after the date the petition was submitted 

13 (or, if the petition is submitted by first14 class mail, the date the letter containing 

15 the petition is postmarked); and 

16 ‘‘(II) 10 business days have elapsed since 

17 the other person so submitted the petition, and 

18 the system has not notified the licensee that the 

19 receipt of a firearm by such other person would 

20 violate subsection (g) or (n) of this section; 

21 and’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(7) The Attorney General shall— 

24 ‘‘(A) prescribe the form on which a petition 

25 shall be submitted pursuant to paragraph (1)(B)(ii); 


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1 ‘‘(B) make the form available electronically, and 

2 provide a copy of the form to all licensees referred 

3 to in paragraph (1); 

4 ‘‘(C) provide the petitioner and the licensee in5 volved written notice of receipt of the petition, either 

6 electronically or by first-class mail; and 

7 ‘‘(D) respond on an expedited basis to any such 

8 petition received by the Attorney General. 

9 ‘‘(8)(A) If, after 3 business days have elapsed since 

10 the licensee initially contacted the system about a firearm 

11 transaction, the system notifies the licensee that the re12 ceipt of a firearm by such other person would not violate 

13 subsection (g) or (n), the licensee may continue to rely 

14 on that notification for the longer of— 

15 ‘‘(i) an additional 25 calendar days after the li16 censee receives the notification; or 

17 ‘‘(ii) 30 calendar days after the date of the ini18 tial contact. 

19 ‘‘(B) If such other person has met the requirements 

20 of paragraph (1)(B)(ii) before the system destroys the 

21 records related to the firearm transaction, the licensee 

22 may continue to rely on such other person having met the 

23 requirements for an additional 25 calendar days after the 

24 date such other person first met the requirements.’’. 


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1 SEC. 3. GAO REPORTS. 

2 Within 90 days after the end of each of the 1-year, 

3 3-year, and 5-year periods that begin with the effective 

4 date of this Act, the Comptroller General of the United 

5 States shall prepare and submit to the Committee on the 

6 Judiciary of the House of Representatives and the Com7 mittee on the Judiciary of the Senate a written report ana8 lyzing the extent to which, during the respective period, 

9 paragraphs (1)(B)(ii) and (7) of section 922(t) of title 18, 

10 United States Code, have prevented firearms from being 

11 transferred to prohibited persons, which report shall in12 clude but not be limited to the following— 

13 (1) an assessment of the overall implementation 

14 of such subsections, including a description of the 

15 challenges faced in implementing such paragraphs; 

16 and 

17 (2) an aggregate description of firearm pur18 chase delays and denials, and an aggregate analysis 

19 of the petitions submitted pursuant to such para20 graph (1)(B)(ii). 

21 SEC. 4. REPORTS ON PETITIONS SUPPORTING FIREARM 

22 TRANSFERS NOT IMMEDIATELY APPROVED 

23 BY NICS SYSTEM, THAT WERE NOT RE24 SPONDED TO IN A TIMELY MANNER. 

25 The Director of the Federal Bureau of Investigation 

26 shall make an annual report to the public on the number 


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1 of petitions received by the national instant criminal back2 ground check system established under section 103 of the 

3 Brady Handgun Violence Prevention Act that were sub4 mitted pursuant to subclause (I) of section 

5 922(t)(1)(B)(ii) of title 18, United States Code, with re6 spect to which a determination was not made within the 

7 10-day period referred to in subclause (II) of such section. 

8 SEC. 5. REPORT TO THE CONGRESS. 

9 Within 150 days after the date of the enactment of 

10 this Act, the Attorney General, in consultation with the 

11 National Resource Center on Domestic Violence and Fire12 arms, shall submit to the Congress a report analyzing the 

13 effect, if any, of this Act on the safety of victims of domes14 tic violence, domestic abuse, dating partner violence, sex15 ual assault, and stalking, and whether any further amend16 ments to the background check process, including amend17 ments to the conditions that must be met under this Act 

18 for a firearm to be transferred when the system has not 

19 notified the licensee that such transfer would not violate 

20 subsection (g) or (n) of section 922 of title 18, United 

21 States Code, would likely result in a reduction in the risk 

22 of death or great bodily harm to victims of domestic vio23 lence, domestic abuse, dating partner violence, sexual as24 sault, and stalking. 


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1 SEC. 6. EFFECTIVE DATE. 

2 This Act and the amendments made by this Act shall 

3 take effect 210 days after the date of the enactment of 

4 this Act. 

Æ 


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