S.Amdt. 1047

SA 1047. Mr. TOOMEY (for himself and Mr. Coons) submitted an
amendment intended to be proposed to amendment SA 948 proposed by Mr.
Shelby to the bill H.R. 3055, making appropriations for the Departments
of Commerce and Justice, Science, and Related Agencies for the fiscal
year ending September 30, 2020, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place in title II of division A, insert
the following:

SEC. __. NICS DENIAL NOTIFICATION ACT.

(a) Short Title.--This section may be cited as the ``NICS
Denial Notification Act of 2019''.
(b) Reporting of Background Check Denials.--
(1) In general.--Chapter 44 of title 18, United States
Code, is amended by inserting after section 925A the
following:

``Sec. 925B. Reporting of background check denials to State
authorities

``(a) In General.--If the national instant criminal
background check system established under section 103 of the
Brady Handgun Violence Prevention Act (34 U.S.C. 40901)
(commonly referred to as `NICS') provides a notice pursuant
to section 922(t) of this title that the receipt of a firearm
by a person would violate subsection (g) or (n) of section
922 of this title or State law, the Attorney General shall,
in accordance with subsection (b) of this section--
``(1) report to the law enforcement authorities of the
State where the person sought to

[[Page S6131]]

acquire the firearm and, if different, the law enforcement
authorities of the State of residence of the person--
``(A) that the notice was provided;
``(B) the specific provision of law that would have been
violated;
``(C) the date and time the notice was provided;
``(D) the location where the firearm was sought to be
acquired; and
``(E) the identity of the person; and
``(2) where practicable, report the incident to local law
enforcement authorities and State and local prosecutors in
the jurisdiction where the firearm was sought and in the
jurisdiction where the person resides.
``(b) Requirements for Report.--A report is made in
accordance with this subsection if the report is made within
24 hours after the provision of the notice described in
subsection (a), except that the making of the report may be
delayed for so long as is necessary to avoid compromising an
ongoing investigation.
``(c) Amendment of Report.--If a report is made in
accordance with this subsection and, after such report is
made, the Federal Bureau of Investigation or the Bureau of
Alcohol, Tobacco, Firearms, and Explosives determines that
the receipt of a firearm by a person for whom the report was
made would not violate subsection (g) or (n) of section 922
of this title or State law, the Attorney General shall, in
accordance with subsection (b), notify any law enforcement
authority and any prosecutor to whom the report was made of
that determination.
``(d) Rule of Construction.--Nothing in subsection (a)
shall be construed to require a report with respect to a
person to be made to the same State authorities that
originally issued the notice with respect to the person.''.
(2) Clerical amendment.--The table of sections for such
chapter is amended by inserting after the item relating to
section 925A the following:

``925B. Reporting of background check denials to State authorities.''.

(c) Annual Report to Congress.--
(1) In general.--Chapter 44 of title 18, United States
Code, as amended by subsection (b), is amended by inserting
after section 925B the following:

``Sec. 925C. Annual report to Congress

``Not later than 1 year after the date of enactment of this
section, and annually thereafter, the Attorney General shall
submit to Congress a report detailing the following, broken
down by Federal judicial district:
``(1) With respect to each category of persons prohibited
by subsection (g) or (n) of section 922 of this title or
State law from receiving or possessing a firearm who are so
denied a firearm--
``(A) the number of denials;
``(B) the number of denials referred to the Bureau of
Alcohol, Tobacco, Firearms, and Explosives;
``(C) the number of denials for which the Bureau of
Alcohol, Tobacco, Firearms, and Explosives determines that
the person denied was not prohibited by subsection (g) or (n)
of section 922 of this title or State law from receiving or
possessing a firearm;
``(D) the number of denials overturned through the national
instant criminal background check system appeals process and
the reasons for overturning the denials;
``(E) the number of denials with respect to which an
investigation was opened by a field division of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives;
``(F) the number of persons charged with a Federal criminal
offense in connection with a denial; and
``(G) the number of convictions obtained by Federal
authorities in connection with a denial.
``(2) The number of background check notices reported to
State authorities pursuant to section 925B (including the
number of the notices that would have been so reported but
for section 925B(c)).''.
(2) Clerical amendment.--The table of sections for such
chapter, as amended by subsection, is amended by inserting
after the item relating to section 925B the following:

``925C. Annual report to Congress.''.

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