II 

Calendar No. 391 

117TH CONGRESS 

2D SESSION H. R. 1446 

IN THE SENATE OF THE UNITED STATES 

MARCH 11, 2021 

Received 

MAY 24, 2022 

Read the first time 

MAY 25, 2022 

Read the second time and placed on the calendar 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Checks Act of 2021’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

HR 1446 PCS

1 SEC. 2. STRENGTHENING OF BACKGROUND CHECK PROCE2 DURES TO BE FOLLOWED BEFORE A FED3 ERAL FIREARMS LICENSEE MAY TRANSFER A 

4 FIREARM TO A PERSON WHO IS NOT SUCH A 

5 LICENSEE. 

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

7 amended— 

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

9 and inserting the following: 

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

11 the licensee that the receipt of a firearm by such 

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

13 this section— 

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

15 (meaning a day on which State offices are 

16 open) has elapsed since the licensee contacted 

17 the system, and the system has not notified the 

18 licensee that the receipt of a firearm by such 

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

20 of this section, and the other person has sub21 mitted, electronically through a website estab22 lished by the Attorney General or by first-class 

23 mail, a petition for review which— 

24 ‘‘(aa) certifies that such other person 

25 has no reason to believe that such other 

26 person is prohibited by Federal, State, or 


kjohnson on DSK79L0C42PROD with BILLS
3 

HR 1446 PCS

1 local law from purchasing or possessing a 

2 firearm; and 

3 ‘‘(bb) requests that the system re4 spond to the contact referred to in sub5 paragraph (A) within 10 business days 

6 after the date the petition was submitted 

7 (or, if the petition is submitted by first8 class mail, the date the letter containing 

9 the petition is postmarked); and 

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

11 the other person so submitted the petition, and 

12 the system has not notified the licensee that the 

13 receipt of a firearm by such other person would 

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

15 and’’; and 

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

17 ‘‘(7) The Attorney General shall— 

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

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

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

21 provide a copy of the form to all licensees referred 

22 to in paragraph (1); 

23 ‘‘(C) provide the petitioner and the licensee in24 volved written notice of receipt of the petition, either 

25 electronically or by first-class mail; and 


kjohnson on DSK79L0C42PROD with BILLS
4 

HR 1446 PCS

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

2 petition received by the Attorney General. 

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

4 the licensee initially contacted the system about a firearm 

5 transaction, the system notifies the licensee that the re6 ceipt of a firearm by such other person would not violate 

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

8 on that notification for the longer of— 

9 ‘‘(i) an additional 25 calendar days after the li10 censee receives the notification; or 

11 ‘‘(ii) 30 calendar days after the date of the ini12 tial contact. 

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

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

15 records related to the firearm transaction, the licensee 

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

17 requirements for an additional 25 calendar days after the 

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

19 SEC. 3. GAO REPORTS. 

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

21 3-year, and 5-year periods that begin with the effective 

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

23 States shall prepare and submit to the Committee on the 

24 Judiciary of the House of Representatives and the Com25 mittee on the Judiciary of the Senate a written report anaVerDate Sep 11 2014 02:11 May 26, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1446.PCS H1446

kjohnson on DSK79L0C42PROD with BILLS
5 

HR 1446 PCS

1 lyzing the extent to which, during the respective period, 

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

3 United States Code, have prevented firearms from being 

4 transferred to prohibited persons, which report shall in5 clude but not be limited to the following— 

6 (1) an assessment of the overall implementation 

7 of such subsections, including a description of the 

8 challenges faced in implementing such paragraphs; 

9 (2) an aggregate description of firearm pur10 chase delays and denials, with a description of deni11 als, disaggregated by State and by the basis for the 

12 denial; and 

13 (3) an aggregate analysis of the petitions sub14 mitted pursuant to such paragraph (1)(B)(ii). 

15 SEC. 4. REPORTS ON PETITIONS SUPPORTING FIREARMS 

16 TRANSFERS NOT IMMEDIATELY APPROVED 

17 BY NICS SYSTEM, THAT WERE NOT RE18 SPONDED TO IN A TIMELY MANNER. 

19 The Director of the Federal Bureau of Investigation 

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

21 of petitions received by the national instant criminal back22 ground check system established under section 103 of the 

23 Brady Handgun Violence Prevention Act that were sub24 mitted pursuant to subclause (I) of section 

25 922(t)(1)(B)(ii) of title 18, United States Code, with reVerDate Sep 11 2014 02:11 May 26, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1446.PCS H1446

kjohnson on DSK79L0C42PROD with BILLS
6 

HR 1446 PCS

1 spect to which a determination was not made within the 

2 10-day period referred to in subclause (II) of such section 

3 922(t)(1)(B)(ii). The report shall include the following, 

4 which shall be disaggregated by State: 

5 (1) The number of petitions submitted under 

6 such section that were received by the national in7 stant criminal background check system established 

8 under section 103 of the Brady Handgun Violence 

9 Prevention Act. 

10 (2) The number of petitioners who were discov11 ered to be ineligible under Federal or State law dur12 ing that 10-day period. 

13 (3) The number of petitioners who were discov14 ered to be ineligible under Federal or State law after 

15 that 10-day period. 

16 (4) The basis of the ineligibility of the peti17 tioners discovered to be ineligible under Federal or 

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

19 of the ineligibility of the petitioners discovered to be 

20 ineligible under Federal or State law after that 10- 

21 day period. 

22 (5) The number of the petitioners whose peti23 tions were denied and who, within 12 months after 

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


kjohnson on DSK79L0C42PROD with BILLS
7 

HR 1446 PCS

1 local law for receiving or attempting to receive a 

2 firearm. 

3 SEC. 5. REPORT TO THE CONGRESS. 

4 Within 150 days after the date of the enactment of 

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

6 National Resource Center on Domestic Violence and Fire7 arms, shall submit to the Congress a report analyzing the 

8 effect, if any, of this Act on the safety of victims of domes9 tic violence, domestic abuse, dating partner violence, sex10 ual assault, and stalking, disaggregated by State, and 

11 whether any further amendments to the background check 

12 process, including amendments to the conditions that 

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

14 when the system has not notified the licensee that such 

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

16 922 of title 18, United States Code, would likely result 

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

18 to victims of domestic violence, domestic abuse, dating 

19 partner violence, sexual assault, and stalking. 

20 SEC. 6. EFFECTIVE DATE. 

21 This Act and the amendments made by this Act shall 

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

23 this Act. 


kjohnson on DSK79L0C42PROD with BILLS
8 

HR 1446 PCS

1 SEC. 7. REPORT ON FIREARM TRANSFERS DENIED AS A RE2 SULT OF A NICS CHECK. 

3 Within 90 days after the date of the enactment of 

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

5 shall prepare and submit to the Congress a written report 

6 on the number of firearm transactions with respect to 

7 which the national instant criminal background check sys8 tem established under the Brady Handgun Violence Pre9 vention Act has determined that receipt of a firearm by 

10 the prospective firearm transferee would violate Federal 

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

12 of Alcohol, Tobacco, Firearms, and Explosives for inves13 tigation. 

Passed the House of Representatives March 11, 

2021. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


kjohnson on DSK79L0C42PROD with BILLS

kjohnson on DSK79L0C42PROD with BILLS
Calendar No. 391 

117TH CONGRESS 

2D SESSION H. R. 1446 

AN ACT 

To amend chapter 44 of title 18, United States 

is not such a licensee. censee may transfer a firearm to a person who dures to be followed before a Federal firearms liCode, to strengthen the background check proceMAY 25, 2022 

Read the second time and placed on the calendar 


kjohnson on DSK79L0C42PROD with BILLS