Enhanced Background Checks Act of 2021
Bill: H.R.1446 | Sponsor: Rep. Clyburn, James E. (D-SC)
Policy area: Crime and Law Enforcement

Summary:
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.

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;
            (2) an aggregate description of firearm purchase delays and 
        denials, with a description of denials, disaggregated by State 
        and by the basis for the denial; and
            (3) an aggregate analysis of the petitions submitted 
        pursuant to such paragraph (1)(B)(ii).

SEC. 4. REPORTS ON PETITIONS SUPPORTING FIREARMS 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 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 instant criminal background 
        check system established under section 103 of the Brady Handgun 
        Violence Prevention Act.
            (2) The number of petitioners who were discovered to be 
        ineligible under Federal or State law during that 10-day 
        period.
            (3) The number of petitioners who were discovered to be 
        ineligible under Federal or State law after that 10-day period.
            (4) The basis of the ineligibility of the petitioners 
        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.
            (5) The number of the petitioners whose petitions 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 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, 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.

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 RESULT 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 
system established under the Brady Handgun Violence Prevention 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 investigation.

            Passed the House of Representatives March 11, 2021.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.
                                                       Calendar No. 391

117th CONGRESS

  2d Session

                               H. R. 1446

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