H.R. 1446 - Enhanced Background Checks Act of 2021

Bill Text

    Text of H.R. 1446 PDF XML

    (as introduced)

Rule Information

COMMITTEE ACTION:
REPORTED BY A RECORD VOTE of 8-3 on Monday, March 8, 2021.

FLOOR ACTION ON H. RES. 188: 
Agreed to by record vote of 218-197, after agreeing to the previous question by record vote of 213-195, on Monday, March 8, 2021.

MANAGERS: DeSaulnier/Fischbach

1. Structured rule for H.R. 842.
2. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Education and Labor or their designees.
3. Waives all points of order against consideration of the bill.
4. Provides that the amendment printed in part A of the Rules Committee report shall be considered as adopted and the bill, as amended, shall be considered as read.
5. Waives all points of order against provisions in the bill, as amended.
6. Provides that following debate, each further amendment printed in part B of the Rules Committee report not earlier considered as part of amendments en bloc pursuant to section 3 shall be considered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, may be withdrawn by the proponent at any time before the question is put thereon, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
7. Provides that at any time after debate the chair of the Committee on Education and Labor or his designee may offer amendments en bloc consisting of further amendments printed in part B of the Rules Committee report not earlier disposed of. Amendments en bloc shall be considered as read, shall be debatable for 20 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Education and Labor or their designees, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
8. Provides one motion to recommit.
9. Structured rule for H.R. 8.
10. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary or their designees.
11. Waives all points of order against consideration of the bill.
12. Provides that the bill shall be considered as read.
13. Waives all points of order against provisions in the bill.
14. Provides that following debate, each further amendment printed in part C of the Rules Committee report not earlier considered as part of amendments en bloc pursuant to section 6 shall be considered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, may be withdrawn by the proponent at any time before the question is put thereon, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
15. Provides that at any time after debate the chair of the Committee on the Judiciary or his designee may offer amendments en bloc consisting of further amendments printed in part C of this report not earlier disposed of. Amendments en bloc shall be considered as read, shall be debatable for 20 minutes equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary or their designees, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
16. Provides one motion to recommit.
17. Structured rule for H.R. 1446.
18. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary or their designees.
19. Waives all points of order against consideration of the bill.
20. Provides that the bill shall be considered as read.
21. Waives all points of order against provisions in the bill.
22. Provides that following debate, each further amendment printed in part D of the Rules Committee report not earlier considered as part of amendments en bloc pursuant to section 9 shall be considered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, may be withdrawn by the proponent at any time before the
question is put thereon, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
23. Provides that at any time after debate the chair of the Committee on the Judiciary or his designee may offer amendments en bloc consisting of further amendments printed in part D of the Rules Committee report not earlier disposed of. Amendments en bloc shall be considered as read, shall be debatable for 20 minutes equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary or their designees, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
24. Provides one motion to recommit.

25. Waives all points of order against amendments printed in Parts B, C, and D of the Rules Committee report or amendments en bloc described in sections 3, 6, and 9 of the resolution.
26. Section 11 provides that on any legislative day during the period from March 13, 2021, through April 22, 2021— (a) the Journal of the proceedings of the previous day shall be considered as approved; and (b) the Chair may at any time declare the House adjourned to meet at a date and time, within the limits of clause 4, section 5, article I of the Constitution, to be announced by the Chair in declaring the adjournment.
27. Provides that the Speaker may appoint Members to perform the duties of the Chair for the duration of the period addressed by section 11 as though under clause 8(a) of rule I.
28. Provides that each day during the period addressed by section 11 shall not constitute a calendar day for purposes of section 7 of the War Powers Resolution (50 U.S.C. 1546); a legislative day for purposes of clause 7 of rule XIII (resolutions of inquiry); or a calendar or legislative day for purposes of clause 7(c)(1) of rule XXII (motions to instruct).
29. Provides that it shall be in order at any time through the calendar day of April 22, 2021, for the Speaker to entertain motions that the House suspend the rules as though under clause 1 of rule XV. The Speaker or her designee shall consult with the Minority Leader or his designee on the designation of any matter for consideration pursuant to this section.
30. Provides that the requirement of clause 6(a) of rule XIII for a two-thirds vote to consider a report from the Committee on Rules on the same day it is presented to the House is waived with respect to any resolution reported through the legislative day of April 22, 2021.
31. Amends Section 4(d) of House Resolution 8, One Hundred Seventeenth Congress, by adding at the end the following: “(5) the Select Committee shall be composed of 16 Members, Delegates, or the Resident Commissioner appointed by the Speaker, of whom 7 shall be appointed on the recommendation of the Minority Leader.”.

Amendments (click headers to sort)

#Version #Sponsor(s)PartySummaryStatus
1Version 2Burgess (TX)RepublicanRevised Requires the Department of Justice Inspector General to submit a report to Congress on the number of NICS denials referred for investigation after a firearm was sold to a person who was later found to be ineligible.Made in Order
2Version 1McBath (GA)DemocratAmends the domestic violence reporting provision to require that the effects of the Act on domestic violence, domestic abuse, dating partner violence, sexual assault, and stalking will be disaggregated by state.Made in Order
3Version 1Bost (IL)RepublicanClarifies that the term "adjudication" in Title 18 U.S.C. Chapter 44 does not include a determination by the Secretary of Veterans Affairs pursuant to laws administered by the Secretary.Submitted
4Version 1Neguse (CO), Schneider (IL)DemocratStrikes section 4 and replaces it to require the Director of the Federal Bureau of Investigation to make an annual report, which shall be available to the public, that provides disaggregated information on background check denials not made within the 10-day period.Made in Order
5Version 1Levin, Mike (CA)DemocratAdds to the GAO reports in the bill, which are to be completed one year, three years, and five years after enactment, data disaggregated by state and the basis for denial in state law.Made in Order
6Version 2Cicilline (RI)DemocratRevised Requires notice to the local FBI field office and state/local law enforcement agencies when a firearm is transferred to a person who is subsequently determined to be prohibited from receiving or possessing a firearm.Revised
7Version 1Schneider (IL)DemocratExpands reporting in Sec. 4 to include additional data such as the number of petitions completed outside of the 10-day waiting period, the number determined to have been ineligible to purchase a firearm, of those determined to be ineligible to purchase, the number of firearms retrieved and not retrieved, and petitions purged from the system without resolution.Submitted
8Version 2Boyle (PA)DemocratRevised Requires the Attorney General to submit a report to Congress on the number of multiple firearm sales reported to ATF as required by law. The report shall not contain any personally identifying purchaser information.Revised
9Version 1LaMalfa (CA), Grothman (WI)RepublicanSUBSTITUTE Strikes all after the enacting clause and inserts the Lawful Ammunition and Weapons Act of 2021, which allows for any firearm, ammunition, or accessory legally purchased within a State to be possessed or transported in any other State and forbids any Federal, State, or local registration or tracking of firearms, ammunition, or accessories.Submitted
10Version 1Spartz (IN)RepublicanLate Ensures federal firearms dealers do not deprive an individual of his or her Second Amendment rights on a discriminatory basis in violation of civil rights.Submitted
11Version 1Greene (GA)RepublicanLate Prevents any federal funding for fiscal year 2021 from being used to enforce any form of gun control.Submitted
12Version 1Greene (GA)RepublicanLate Adds a sunset clause that the provisions of the Act shall expire after 6 months.Submitted
13Version 2Rice, Tom (SC), Gonzalez, Vicente (TX), Lamb (PA), Mace (SC)Bi-PartisanLate Revised Grants NICS examiners access to the National Data Exchange (N-DEx) database when conducting background checks.Revised
14Version 1Greene (GA)RepublicanLate Prohibits federal funds from being used to maintain background information on gun-owners determined to be eligible to own a firearm. Further, any gun-owner whose data is unlawfully stored in contravention to this amendment has standing to sue for damages.Submitted