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 fol-
lowed 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 Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Enhanced Background 
Checks Act of 2021’’. 
SEC. 2. STRENGTHENING OF BACKGROUND CHECK PROCE-
DURES TO BE FOLLOWED BEFORE A FED-
ERAL 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 sub-
mitted, electronically through a website estab-
lished by the Attorney General or by first-class 
mail, a petition for review which— 
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‘‘(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 re-
spond to the contact referred to in sub-
paragraph (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); 
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‘‘(C) provide the petitioner and the licensee in-
volved 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 re-
ceipt 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 li-
censee receives the notification; or 
‘‘(ii) 30 calendar days after the date of the ini-
tial 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 
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States shall prepare and submit to the Committee on the 
Judiciary of the House of Representatives and the Com-
mittee on the Judiciary of the Senate a written report ana-
lyzing 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 in-
clude 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; 
(2) an aggregate description of firearm pur-
chase delays and denials, with a description of deni-
als, disaggregated by State and by the basis for the 
denial; and 
(3) an aggregate analysis of the petitions sub-
mitted pursuant to such paragraph (1)(B)(ii). 
SEC. 4. REPORTS ON PETITIONS SUPPORTING FIREARMS 
TRANSFERS NOT IMMEDIATELY APPROVED 
BY NICS SYSTEM, THAT WERE NOT RE-
SPONDED 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 back-
ground check system established under section 103 of the 
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Brady Handgun Violence Prevention Act that were sub-
mitted 
pursuant 
to 
subclause 
(I) 
of 
section 
922(t)(1)(B)(ii) of title 18, United States Code, with re-
spect to which a determination was not made within the 
10-day period referred to in subclause (II) of such section 
922(t)(1)(B)(ii). The report shall include the following, 
which shall be disaggregated by State: 
(1) The number of petitions submitted under 
such section that were received by the national in-
stant criminal background check system established 
under section 103 of the Brady Handgun Violence 
Prevention Act. 
(2) The number of petitioners who were discov-
ered to be ineligible under Federal or State law dur-
ing that 10-day period. 
(3) The number of petitioners who were discov-
ered to be ineligible under Federal or State law after 
that 10-day period. 
(4) The basis of the ineligibility of the peti-
tioners discovered to be ineligible under Federal or 
State law during that 10-day period, and the basis 
of the ineligibility of the petitioners discovered to be 
ineligible under Federal or State law after that 10- 
day period. 
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(5) The number of the petitioners whose peti-
tions were denied and who, within 12 months after 
the denial, were prosecuted under Federal, State, or 
local law for receiving or attempting to receive a 
firearm. 
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 Fire-
arms, shall submit to the Congress a report analyzing the 
effect, if any, of this Act on the safety of victims of domes-
tic violence, domestic abuse, dating partner violence, sex-
ual assault, and stalking, disaggregated by State, 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. 
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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. 
SEC. 7. REPORT ON FIREARM TRANSFERS DENIED AS A RE-
SULT OF A NICS CHECK. 
Within 90 days after the date of the enactment of 
this Act, the Inspector General, Department of Justice, 
shall prepare and submit to the Congress a written report 
on the number of firearm transactions with respect to 
which the national instant criminal background check sys-
tem established under the Brady Handgun Violence Pre-
vention Act has determined that receipt of a firearm by 
the prospective firearm transferee would violate Federal 
or State law, and which have been referred to the Bureau 
of Alcohol, Tobacco, Firearms, and Explosives for inves-
tigation. 
Passed the House of Representatives March 11, 
2021. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
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