Enhanced Background Checks Act of 2019

II Calendar No. 30 116TH CONGRESS 1ST SESSION H. R. 1112 IN THE SENATE OF THE UNITED STATES MARCH 4, 2019 Received; read the first time MARCH 5, 2019 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 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- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Enhanced Background 4 Checks Act of 2019’’. 5 VerDate Sep 11 2014 22:24 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1112.PCS H1112 pamtmann on DSKBFK8HB2PROD with BILLS 2 HR 1112 PCS SEC. 2. STRENGTHENING OF BACKGROUND CHECK PROCE- 1 DURES TO BE FOLLOWED BEFORE A FED- 2 ERAL FIREARMS LICENSEE MAY TRANSFER A 3 FIREARM TO A PERSON WHO IS NOT SUCH A 4 LICENSEE. 5 Section 922(t)(1)(B)(ii) of title 18, United States 6 Code is amended— 7 (1) in paragraph (1)(B), by striking clause (ii) 8 and inserting the following: 9 ‘‘(ii) in the event the system has not notified 10 the licensee that the receipt of a firearm by such 11 other person would violate subsection (g) or (n) of 12 this section— 13 ‘‘(I) not fewer than 10 business days 14 (meaning a day on which State offices are 15 open) has elapsed since the licensee contacted 16 the system, and the system has not notified the 17 licensee that the receipt of a firearm by such 18 other person would violate subsection (g) or (n) 19 of this section, and the other person has sub- 20 mitted, electronically through a website estab- 21 lished by the Attorney General or by first-class 22 mail, a petition for review which— 23 ‘‘(aa) certifies that such other person 24 has no reason to believe that such other 25 person is prohibited by Federal, State, or 26 VerDate Sep 11 2014 22:24 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1112.PCS H1112 pamtmann on DSKBFK8HB2PROD with BILLS 3 HR 1112 PCS local law from purchasing or possessing a 1 firearm; and 2 ‘‘(bb) requests that the system re- 3 spond to the contact referred to in sub- 4 paragraph (A) within 10 business days 5 after the date the petition was submitted 6 (or, if the petition is submitted by first- 7 class mail, the date the letter containing 8 the petition is postmarked); and 9 ‘‘(II) 10 business days have elapsed since 10 the other person so submitted the petition, and 11 the system has not notified the licensee that the 12 receipt of a firearm by such other person would 13 violate subsection (g) or (n) of this section; 14 and’’; and 15 (2) by adding at the end the following: 16 ‘‘(7) The Attorney General shall— 17 ‘‘(A) prescribe the form on which a peti- 18 tion shall be submitted pursuant to paragraph 19 (1)(B)(ii); 20 ‘‘(B) make the form available electroni- 21 cally, and provide a copy of the form to all li- 22 censees referred to in paragraph (1); 23 VerDate Sep 11 2014 22:24 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1112.PCS H1112 pamtmann on DSKBFK8HB2PROD with BILLS 4 HR 1112 PCS ‘‘(C) provide the petitioner and the licensee 1 involved written notice of receipt of the petition, 2 either electronically or by first-class mail; and 3 ‘‘(D) respond on an expedited basis to any 4 such petition received by the Attorney General. 5 ‘‘(8)(A) If, after 3 business days have elapsed since 6 the licensee initially contacted the system about a firearm 7 transaction, the system notifies the licensee that the re- 8 ceipt of a firearm by such other person would not violate 9 subsection (g) or (n), the licensee may continue to rely 10 on that notification for the longer of— 11 ‘‘(i) an additional 25 calendar days after the li- 12 censee receives the notification; or 13 ‘‘(ii) 30 calendar days after the date of the ini- 14 tial contact. 15 ‘‘(B) If such other person has met the requirements 16 of paragraph (1)(B)(ii) before the system destroys the 17 records related to the firearm transaction, the licensee 18 may continue to rely on such other person having met the 19 requirements for an additional 25 calendar days after the 20 date such other person first met the requirements.’’. 21 SEC. 3. GAO REPORTS. 22 Within 90 days after the end of each of the 1-year, 23 3-year, and 5-year periods that begin with the effective 24 date of this Act, the Comptroller General of the United 25 VerDate Sep 11 2014 22:24 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1112.PCS H1112 pamtmann on DSKBFK8HB2PROD with BILLS 5 HR 1112 PCS States shall prepare and submit to the Committee on the 1 Judiciary of the House of Representatives and the Com- 2 mittee on the Judiciary of the Senate a written report ana- 3 lyzing the extent to which, during the respective period, 4 paragraphs (1)(B)(ii) and (7) of section 922(t) of title 18, 5 United States Code, have prevented firearms from being 6 transferred to prohibited persons, which report shall in- 7 clude but not be limited to the following— 8 (1) an assessment of the overall implementation 9 of such subsections, including a description of the 10 challenges faced in implementing such paragraphs; 11 and 12 (2) an aggregate description of firearm pur- 13 chase delays and denials, and an aggregate analysis 14 of the petitions submitted pursuant to such para- 15 graph (1)(B)(ii). 16 SEC. 4. REPORTS ON PETITIONS SUPPORTING FIREARM 17 TRANSFERS NOT IMMEDIATELY APPROVED 18 BY NICS SYSTEM, THAT WERE NOT RE- 19 SPONDED TO IN A TIMELY MANNER. 20 The Director of the Federal Bureau of Investigation 21 shall make an annual report to the public on the number 22 of petitions received by the national instant criminal back- 23 ground check system established under section 103 of the 24 Brady Handgun Violence Prevention Act that were sub- 25 VerDate Sep 11 2014 22:24 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1112.PCS H1112 pamtmann on DSKBFK8HB2PROD with BILLS 6 HR 1112 PCS mitted pursuant to subclause (I) of section 1 922(t)(1)(B)(ii) of title 18, United States Code, with re- 2 spect to which a determination was not made within the 3 10-day period referred to in subclause (II) of such section. 4 SEC. 5. NEW TERMINOLOGY FOR THOSE WITH MENTAL ILL- 5 NESS. 6 Section 922 of title 18, United States Code, is 7 amended in each of subsections (d)(4) and (g)(4) by strik- 8 ing ‘‘adjudicated as a mental defective’’ and inserting ‘‘ad- 9 judicated with mental illness, severe developmental dis- 10 ability, or severe emotional instability’’. 11 SEC. 6. REPORT TO THE CONGRESS. 12 Within 150 days after the date of the enactment of 13 this Act, the Attorney General, in consultation with the 14 National Resource Center on Domestic Violence and Fire- 15 arms, shall submit to the Congress a report analyzing the 16 effect, if any, of this Act on the safety of victims of domes- 17 tic violence, domestic abuse, dating partner violence, sex- 18 ual assault, and stalking, and whether any further amend- 19 ments to the background check process, including amend- 20 ments to the conditions that must be met under this Act 21 for a firearm to be transferred when the system has not 22 notified the licensee that such transfer would not violate 23 subsection (g) or (n) of section 922 of title 18, United 24 States Code, would likely result in a reduction in the risk 25 VerDate Sep 11 2014 22:24 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1112.PCS H1112 pamtmann on DSKBFK8HB2PROD with BILLS 7 HR 1112 PCS of death or great bodily harm to victims of domestic vio- 1 lence, domestic abuse, dating partner violence, sexual as- 2 sault, and stalking. 3 SEC. 7. EFFECTIVE DATE. 4 This Act and the amendments made by this Act shall 5 take effect 210 days after the date of the enactment of 6 this Act. 7 Passed the House of Representatives February 28, 2019. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 22:24 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1112.PCS H1112 pamtmann on DSKBFK8HB2PROD with BILLS Calendar No. 30 116TH CONGRESS 1ST SESSION H. R. 1112 AN ACT To amend chapter 44 of title 18, United States Code, to strengthen the background check proce- dures to be followed before a Federal firearms li- censee may transfer a firearm to a person who is not such a licensee. MARCH 5, 2019 Read the second time and placed on the calendar VerDate Sep 11 2014 22:24 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\H1112.PCS H1112 pamtmann on DSKBFK8HB2PROD with BILLS