II 

117TH CONGRESS 

1ST SESSION H. R. 1446 

IN THE SENATE OF THE UNITED STATES 

MARCH 11, 2021 

Received 

AN ACT 

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. 

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


kjohnson on DSK79L0C42PROD with BILLS
2 

HR 1446 RDS

1 SECTION 1. SHORT TITLE. 

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

3 Checks Act of 2021’’. 

4 SEC. 2. STRENGTHENING OF BACKGROUND CHECK PROCE5 DURES TO BE FOLLOWED BEFORE A FED6 ERAL FIREARMS LICENSEE MAY TRANSFER A 

7 FIREARM TO A PERSON WHO IS NOT SUCH A 

8 LICENSEE. 

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

10 amended— 

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

12 and inserting the following: 

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

14 the licensee that the receipt of a firearm by such 

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

16 this section— 

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

18 (meaning a day on which State offices are 

19 open) has elapsed since the licensee contacted 

20 the system, and the system has not notified the 

21 licensee that the receipt of a firearm by such 

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

23 of this section, and the other person has sub24 mitted, electronically through a website estab25 lished by the Attorney General or by first-class 

26 mail, a petition for review which— 


kjohnson on DSK79L0C42PROD with BILLS
3 

HR 1446 RDS

1 ‘‘(aa) certifies that such other person 

2 has no reason to believe that such other 

3 person is prohibited by Federal, State, or 

4 local law from purchasing or possessing a 

5 firearm; and 

6 ‘‘(bb) requests that the system re7 spond to the contact referred to in sub8 paragraph (A) within 10 business days 

9 after the date the petition was submitted 

10 (or, if the petition is submitted by first11 class mail, the date the letter containing 

12 the petition is postmarked); and 

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

14 the other person so submitted the petition, and 

15 the system has not notified the licensee that the 

16 receipt of a firearm by such other person would 

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

18 and’’; and 

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

20 ‘‘(7) The Attorney General shall— 

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

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

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

24 provide a copy of the form to all licensees referred 

25 to in paragraph (1); 


kjohnson on DSK79L0C42PROD with BILLS
4 

HR 1446 RDS

1 ‘‘(C) provide the petitioner and the licensee in2 volved written notice of receipt of the petition, either 

3 electronically or by first-class mail; and 

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

5 petition received by the Attorney General. 

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

7 the licensee initially contacted the system about a firearm 

8 transaction, the system notifies the licensee that the re9 ceipt of a firearm by such other person would not violate 

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

11 on that notification for the longer of— 

12 ‘‘(i) an additional 25 calendar days after the li13 censee receives the notification; or 

14 ‘‘(ii) 30 calendar days after the date of the ini15 tial contact. 

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

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

18 records related to the firearm transaction, the licensee 

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

20 requirements for an additional 25 calendar days after the 

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

22 SEC. 3. GAO REPORTS. 

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

24 3-year, and 5-year periods that begin with the effective 

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


kjohnson on DSK79L0C42PROD with BILLS
5 

HR 1446 RDS

1 States shall prepare and submit to the Committee on the 

2 Judiciary of the House of Representatives and the Com3 mittee on the Judiciary of the Senate a written report ana4 lyzing the extent to which, during the respective period, 

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

6 United States Code, have prevented firearms from being 

7 transferred to prohibited persons, which report shall in8 clude but not be limited to the following— 

9 (1) an assessment of the overall implementation 

10 of such subsections, including a description of the 

11 challenges faced in implementing such paragraphs; 

12 (2) an aggregate description of firearm pur13 chase delays and denials, with a description of deni14 als, disaggregated by State and by the basis for the 

15 denial; and 

16 (3) an aggregate analysis of the petitions sub17 mitted pursuant to such paragraph (1)(B)(ii). 

18 SEC. 4. REPORTS ON PETITIONS SUPPORTING FIREARMS 

19 TRANSFERS NOT IMMEDIATELY APPROVED 

20 BY NICS SYSTEM, THAT WERE NOT RE21 SPONDED TO IN A TIMELY MANNER. 

22 The Director of the Federal Bureau of Investigation 

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

24 of petitions received by the national instant criminal back25 ground check system established under section 103 of the 


kjohnson on DSK79L0C42PROD with BILLS
6 

HR 1446 RDS

1 Brady Handgun Violence Prevention Act that were sub2 mitted pursuant to subclause (I) of section 

3 922(t)(1)(B)(ii) of title 18, United States Code, with re4 spect to which a determination was not made within the 

5 10-day period referred to in subclause (II) of such section 

6 922(t)(1)(B)(ii). The report shall include the following, 

7 which shall be disaggregated by State: 

8 (1) The number of petitions submitted under 

9 such section that were received by the national in10 stant criminal background check system established 

11 under section 103 of the Brady Handgun Violence 

12 Prevention Act. 

13 (2) The number of petitioners who were discov14 ered to be ineligible under Federal or State law dur15 ing that 10-day period. 

16 (3) The number of petitioners who were discov17 ered to be ineligible under Federal or State law after 

18 that 10-day period. 

19 (4) The basis of the ineligibility of the peti20 tioners discovered to be ineligible under Federal or 

21 State law during that 10-day period, and the basis 

22 of the ineligibility of the petitioners discovered to be 

23 ineligible under Federal or State law after that 10- 

24 day period. 


kjohnson on DSK79L0C42PROD with BILLS
7 

HR 1446 RDS

1 (5) The number of the petitioners whose peti2 tions were denied and who, within 12 months after 

3 the denial, were prosecuted under Federal, State, or 

4 local law for receiving or attempting to receive a 

5 firearm. 

6 SEC. 5. REPORT TO THE CONGRESS. 

7 Within 150 days after the date of the enactment of 

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

9 National Resource Center on Domestic Violence and Fire10 arms, shall submit to the Congress a report analyzing the 

11 effect, if any, of this Act on the safety of victims of domes12 tic violence, domestic abuse, dating partner violence, sex13 ual assault, and stalking, disaggregated by State, and 

14 whether any further amendments to the background check 

15 process, including amendments to the conditions that 

16 must be met under this Act for a firearm to be transferred 

17 when the system has not notified the licensee that such 

18 transfer would not violate subsection (g) or (n) of section 

19 922 of title 18, United States Code, would likely result 

20 in a reduction in the risk of death or great bodily harm 

21 to victims of domestic violence, domestic abuse, dating 

22 partner violence, sexual assault, and stalking. 


kjohnson on DSK79L0C42PROD with BILLS
8 

HR 1446 RDS

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. 

5 SEC. 7. REPORT ON FIREARM TRANSFERS DENIED AS A RE6 SULT OF A NICS CHECK. 

7 Within 90 days after the date of the enactment of 

8 this Act, the Inspector General, Department of Justice, 

9 shall prepare and submit to the Congress a written report 

10 on the number of firearm transactions with respect to 

11 which the national instant criminal background check sys12 tem established under the Brady Handgun Violence Pre13 vention Act has determined that receipt of a firearm by 

14 the prospective firearm transferee would violate Federal 

15 or State law, and which have been referred to the Bureau 

16 of Alcohol, Tobacco, Firearms, and Explosives for inves17 tigation. 

Passed the House of Representatives March 11, 

2021. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


kjohnson on DSK79L0C42PROD with BILLS