To direct the Director of the Federal Bureau of Investigation to report the number of background checks conducted by the National Instant Criminal Background Check System during the month of March 2019 and during the COVID-19 public health emergency, and for other purposes.

I 116TH CONGRESS 2D SESSION H. R. 6453 To direct the Director of the Federal Bureau of Investigation to report the number of background checks conducted by the National Instant Criminal Background Check System during the month of March 2019 and during the COVID–19 public health emergency, and for other pur- poses. IN THE HOUSE OF REPRESENTATIVES APRIL 3, 2020 Mr. QUIGLEY (for himself, Mr. CICILLINE, Mr. NEGUSE, Mr. BEYER, Mrs. HAYES, Ms. NORTON, Ms. SCHAKOWSKY, and Mr. ENGEL) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To direct the Director of the Federal Bureau of Investigation to report the number of background checks conducted by the National Instant Criminal Background Check Sys- tem during the month of March 2019 and during the COVID–19 public health emergency, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. FINDINGS. 3 Congress finds the following: 4 VerDate Sep 11 2014 21:41 Apr 14, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6453.IH H6453 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 6453 IH (1) COVID–19 infections have grown rapidly 1 throughout the United States creating a widespread 2 outbreak that has been deemed a public health emer- 3 gency by the World Health Organization. 4 (2) The COVID–19 public health emergency 5 has led to an increase in firearm sales, which poses 6 a serious health and security risk to the American 7 public. 8 (3) A firearm may be sold before a background 9 check is completed. 10 (4) The increased public demand to purchase a 11 firearm strains the resources of the National Instant 12 Criminal Background Check System (‘‘NICS’’). 13 (5) A person who is prohibited by Federal law 14 from possessing a firearm, such as a person who has 15 been convicted of a misdemeanor crime of domestic 16 violence, has an increased chance of acquiring a fire- 17 arm due to this increased public demand to purchase 18 a firearm. 19 (6) This strain on resources is affecting the 20 ability of the NICS to complete background checks 21 within 3-business-days, allowing for federally li- 22 censed firearm dealers to complete a firearm sale 23 without a completed background check, which is 24 known as a ‘‘default proceed sale’’. 25 VerDate Sep 11 2014 21:41 Apr 14, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6453.IH H6453 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 6453 IH (7) Such firearm sales conducted in the absence 1 of a completed background check are known as ‘‘de- 2 fault proceeds’’ and may have devastating con- 3 sequences by making it easier for a person who is 4 prohibited by Federal law from possessing firearms 5 to acquire such firearms. 6 SEC. 2. REPORT ON THE NATIONAL INSTANT CRIMINAL 7 BACKGROUND CHECK SYSTEM. 8 Not later than 30 days after the date of the enact- 9 ment of this Act, the Director of the Federal Bureau of 10 Investigation, in consultation with the Director of Bureau 11 of Alcohol, Tobacco, Firearms, and Explosives, shall sub- 12 mit to Congress a report on the operation of the National 13 Instant Criminal Background Check System beginning on 14 January 31, 2020 (the date of the public health emergency 15 declared by the Secretary pursuant to section 319 of the 16 Public Health Service Act with respect to COVID–19), 17 through the date of the enactment of this Act, and the 18 equivalent period in 2019, to include the following: 19 (1) The total number of background checks ini- 20 tiated. 21 (2) The total number of background checks 22 completed. 23 (3) The total number of background checks re- 24 sulting in approval. 25 VerDate Sep 11 2014 21:41 Apr 14, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6453.IH H6453 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 6453 IH (4) The total number of background checks 1 that were delayed. 2 (5) The number of background checks resulting 3 in— 4 (A) a denial before the 3-business-day re- 5 view period is completed; and 6 (B) delayed denials. 7 Æ VerDate Sep 11 2014 21:41 Apr 14, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H6453.IH H6453 pbinns on DSKJLVW7X2PROD with BILLS