H.R. 1446 · 117th Congress

Enhanced Background Checks Act of 2021

Introduced on Mar 1, 2021 by James E. Clyburn (D-SC-6). 165 cosponsors, all from the sponsor's party. Latest action (May 25, 2022): Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 391.

Stage
Passed one chamber
Introduced
Mar 1, 2021
Cosponsors
165
0 from the other party
Policy area
Crime and Law Enforcement

Progress

The furthest stage the measure reached. Simple and concurrent resolutions do not go to the President.

  1. Introduced
  2. Reported by committee
  3. Passed one chamber
  4. 4Passed both chambers
  5. 5Sent to the President
  6. 6Became law

Official title

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.

Subjects

  • Assault and harassment offenses
  • Congressional oversight
  • Crime prevention
  • Crime victims
  • Criminal justice information and records
  • Domestic violence and child abuse
  • Firearms and explosives
  • Government studies and investigations
  • Licensing and registrations
  • Retail and wholesale trades
  • Sex offenses

Summary

By the Congressional Research Service (Passed House, Mar 11, 2021). Public domain.

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.

Sponsor and cosponsors

Cosponsors by party as of the day they signed on. Original cosponsors signed on the day of introduction.

James E. ClyburnD-SC-6Sponsor

Democrats · 165

Roll calls

Recorded votes on the measure. Most measures move by voice vote or unanimous consent, which record no individual positions.

  1. Mar 10, 2021· House· Amendments· Agreed to 225–202
  2. Mar 11, 2021· House· Procedural· Failed 206–212
  3. Mar 11, 2021· House· Passage· Passed 219–210

History

Every action as published, oldest first. Roll calls link to how each member voted.

  1. Mar 1, 2021Introduced in House
  2. Mar 1, 2021Introduced in House
  3. Mar 1, 2021 · HouseReferred to the House Committee on the Judiciary.
  4. Mar 8, 2021 · HouseRules Committee Resolution H. Res. 188 Reported to House. Rule provides for consideration of H.R. 842, H.R. 8 and H.R. 1446. Rule provides for one hour of general debate for H.R. 842, H.R. 8, and H.R. 1446. The rule provides for a motion to recommit on H.R. 842, H.R. 8, and H.R. 1446.
  5. Mar 8, 2021 · HouseRule H. Res. 188 passed House.
  6. Mar 10, 2021 · HouseConsidered under the provisions of rule H. Res. 188. (consideration: CR H1303-1314)
  7. Mar 10, 2021 · HouseRule provides for consideration of H.R. 842, H.R. 8 and H.R. 1446. Rule provides for one hour of general debate for H.R. 842, H.R. 8, and H.R. 1446. The rule provides for a motion to recommit on H.R. 842, H.R. 8, and H.R. 1446.
  8. Mar 10, 2021 · HouseDEBATE - The House proceeded with one hour of debate on H.R. 1446.
  9. Mar 10, 2021 · HouseDEBATE - Pursuant to the provisions of H.Res. 188, the House proceeded with 20 minutes of debate on the Nadler en bloc amendment No. 1.
  10. Mar 10, 2021 · HouseMotion to reconsider laid on the table. Agreed to without objection.
  11. Mar 10, 2021 · HouseMr. Hudson moved to recommit to the Committee on the Judiciary. (text: CR H1314)
  12. Mar 10, 2021 · HouseThe previous question on the motion was ordered without objection.
  13. Mar 10, 2021 · HousePOSTPONED PROCEEDINGS - At the conclusion of debate on the Hudson motion to recommit, the Chair put the question on agreeing to the motion to recommit and by voice vote announced that the noes had prevailed. Mr. Hudson demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
  14. Mar 10, 2021 · HousePursuant to clause 1(c) of Rule XIX, further consideration of H.R. 1446 is postponed.
  15. Mar 11, 2021 · HousePursuant to clause 1(c) of Rule XIX, the House resumed consideration of H.R. 1446.
  16. Mar 11, 2021 · HouseConsidered as unfinished business. (consideration: CR H1332-1334)
  17. Mar 11, 2021 · HouseUNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on agreeing to the motion to recommit H. R. 1446 which had been debated earlier and on which further proceedings had been postponed.
  18. Mar 11, 2021 · HouseOn motion to recommit Failed by the Yeas and Nays: 206 - 212 (Roll no. 76).House · Roll call 76
  19. Mar 11, 2021Passed/agreed to in House: On passage Passed by the Yeas and Nays: 219 - 210 (Roll no. 77).(text: 3/10/2021 CR H1303)House · Roll call 77
  20. Mar 11, 2021 · HouseOn passage Passed by the Yeas and Nays: 219 - 210 (Roll no. 77). (text: 3/10/2021 CR H1303)House · Roll call 77
  21. Mar 11, 2021 · HouseMotion to reconsider laid on the table. Agreed to without objection.
  22. Mar 11, 2021 · SenateReceived in the Senate.
  23. May 24, 2022 · SenateRead the first time. Placed on Senate Legislative Calendar under Read the First Time.
  24. May 25, 2022 · SenateRead the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 391.

Committees

Committees and subcommittees the measure was referred to.

Agencies in its committees' jurisdiction

Analisa's mapping of committee jurisdiction to federal agencies; the bill may touch others, or none of these.

Sources and method

Every figure on this page traces to these records.

  • Bill status: bills and resolutions, sponsors, actions, subjects and CRS summaries (U.S. Government Publishing Office (GovInfo), from Congress.gov (Library of Congress))GovInfo Bill Status bulk data (Congress.gov; summaries by the Congressional Research Service) · data current to Oct 3, 2026 · loaded Oct 3, 2026 · license: Public domain (U.S. Government work, 17 U.S.C. § 105)
  • Members of Congress, their terms, committees and identifiers (The @unitedstates project (from the Biographical Directory of the U.S. Congress, the House and the Senate))unitedstates/congress-legislators: legislators, committees and current committee membership · data current to Oct 3, 2026 · loaded Oct 3, 2026 · license: CC0 1.0 (public domain dedication)
  • House roll-call votes (Office of the Clerk, U.S. House of Representatives)Office of the Clerk, U.S. House of Representatives, roll-call vote records · data current to Oct 3, 2026 · loaded Oct 3, 2026 · license: Public domain (U.S. Government work, 17 U.S.C. § 105)
  • Senate roll-call votes and DW-NOMINATE scores (Voteview (UCLA Department of Political Science))Lewis, Jeffrey B., Keith Poole, Howard Rosenthal, Adam Boche, Aaron Rudkin, and Luke Sonnet (2026). Voteview: Congressional Roll-Call Votes Database. https://voteview.com/ · data current to Oct 3, 2026 · loaded Oct 3, 2026 · license: Free to use with the required citation
  • Lobbying disclosures (LD-1 registrations, LD-2 quarterly reports, LD-203 contribution reports) (Clerk of the U.S. House of Representatives)Clerk of the House, Lobbying Disclosure Act filings (organizations only; lobbyists' names are not loaded) · data current to Oct 5, 2026 · loaded Oct 5, 2026 · license: Public domain (U.S. Government work, 17 U.S.C. § 105)
  • Positions are shown only where a roll call recorded them; voice votes and unanimous consent record none.