,i  #aaith ,,congress  #ast ,session    
,h4 ,r4 #fac  ,,in ,,the ,,house ,,of   
,,representatives  ,january #bb1        
#bjbe,mr4 ,fulcher introduced the       
following bill2 which was referred to   
the ,committee on ,ways and ,means1 and 
in addition to the ,committee on the    
,judiciary1 for a period to be          
subsequently determined by the ,speaker1
 in each case for consideration of such 
provisions as fall within the           
jurisdiction of the committee concerned 
,a ,,bill  ,to amend the ,internal      
,revenue ,code of #aihf to require the  
,bureau of ,alcohol1 ,tobacco1          
,firearms1 and ,explosives to establish 
an administrative relief process for    
individuals whose applications for      
transfer and registration of a firearm  
were denied1 and for other purposes4    
#a4 ,short title ,this ,act may be cited
 as the ,,atf ,transparency ,act4  #b4  
,administrative relief for denial of    
firearm transfer application  7a7 ,in   
general ,section #ehab of the ,internal 

,revenue ,code of #aihf is amended by   
adding at the end the following new     
subsection3  7c7 ,administrative relief 
7#a7 ,in general ,with respect to any   
application described in subsection 7a7 
for the transfer and registration of a  
firearm which is denied by the          
,secretary based on a determination that
 transferring the firearm to the        
transferee would violate subsection 7d7 
of section #ibb of title #ah1 ,united   
,states ,code1 or receipt of the firearm
 by the transferee would violate        
subsection 7g7 or 7n7 of that section or
 ,state1 local1 or tribal law1 the      
,secretary shall-- 7,a7 provide the     
transferee with the relevant ,,nics     
transaction number with respect to such 
application1  7,b7 permit such          
transferee to appeal such denial to the 
,secretary in a manner similar to the   
process for appeals provided under      
section #be4aj of title #bh1 ,code of   
,federal ,regulations1 and  7,c7 permit 
such transferee to provide information  

to the ,secretary to prevent any        
subsequent erroneous denial or extended 
delay by ,,nics pursuant to a program   
7as established by the ,secretary7      
similar to the ,voluntary ,appeal ,file 
program described in section #be4aj7;g7 
of title #bh1 ,code of ,federal         
,regulations4  7#b7 ,attorney fees ,in  
the case of any successful appeal by the
 transferee pursuant to the process     
described in paragraph 7#a77;,b71 the   
,secretary shall reimburse the          
transferee for any reasonable and       
necessary attorney fees incurred with   
respect to such appeal4  7#c7 ,,nics    
,for purposes of this subsection1 the   
term ,,nics means the national instant  
criminal background check system        
established under section #ajc of the   
,brady ,handgun ,violence ,prevention   
,act 7#cd ,u4,s4,c4 #djija74  4  7b7    
,effective date ,the amendment made by  
this section shall apply to applications
 for the transfer and registration of a 
firearm which are filed or pending on or

 after the date of enactment of this    
,act4  #c4 ,timely processing of        
applications  7a7 ,transfer of firearms 
,section #ehab of the ,internal ,revenue
 ,code of #aihf1 as amended by section  
#b1 is amended by adding at the end the 
following new subsection3  7d7          
,processing of applications             
,notwithstanding subsection 7a71 if an  
application described in such subsection
 with respect to the transfer and       
registration of a firearm has been filed
 with the ,secretary and the ,secretary 
fails to make a determination regarding 
whether to approve or deny such         
application prior to the date which is  
#ij calendar days after the date on     
which such application was originally   
filed by the transferor1 the transfer   
and registration of such firearm to the 
transferee shall be deemed to have been 
approved by the ,secretary for purposes 
of this section and such transfer may be
 made4 ,the ,secretary shall only deny  
an application described in subsection  

7a7 on the grounds that the applicable  
requirements under such subsection have 
not been satisfied1 and may not deny an 
application solely on the grounds that a
 determination regarding whether to     
approve or deny such application could  
not be completed by the ,secretary      
during the period described in the      
preceding sentence4  4  7b7 ,making of  
firearms ,section #ehbb of the ,internal
 ,revenue ,code of #aihf is amended by  
adding at the end the following3        
,notwithstanding the preceding          
sentences1 if a person files an         
application to make and register a      
firearm with the ,secretary and the     
,secretary fails to make a determination
 regarding whether to approve or deny   
such application prior to the date which
 is #ij calendar days after the date on 
which such application was originally   
filed by such person1 such application  
shall be deemed to have been approved by
 the ,secretary for purposes of this    
section and such firearm may be made by 

such person4 ,the ,secretary shall only 
deny an application to make and register
 a firearm on the grounds that the      
applicable requirements under this      
section have not been satisfied1 and may
 not deny an application solely on the  
grounds that a determination regarding  
whether to approve or deny such         
application could not be completed by   
the ,secretary during the period        
described in the preceding sentence44   
7c7 ,effective date ,the amendments made
 by this section shall apply to         
applications which are filed or pending 
on or after the date of enactment of    
this ,act4  #d4 ,reports and agreements 
7a7 ,unresolved ,,nics checks ,not later
 than #ahj days after the date of       
enactment of this ,act1 the ,comptroller
 ,general of the ,united ,states1 in    
conjunction with the ,inspector ,general
 of the ,department of ,justice1 shall  
submit a report to ,congress--  7#a7    
detailing the number of ,,nics inquiries
 received during the period of calendar 

years #bjaj through #bjba with respect  
to the transfer of a firearm which      
remained unresolved following the       
expiration of the #ij-;day period       
described in section #be4i7;b77#a7 of   
title #bh1 ,code of ,federal            
,regulations2 and  7#b7 providing       
recommendations for administrative      
actions to be adopted by the ,bureau of 
,alcohol1 ,tobacco1 ,firearms1 and      
,explosives to minimize the number of   
unresolved ,,nics inquiries described in
 paragraph 7#a74  7b7 ,administration of
 ,,nics checks ,not later than #ahj days
 after the date of enactment of this    
,act1 the ,inspector ,general of the    
,department of ,justice shall submit a  
report to ,congress regarding the       
percentage of ,,nics inquiries during   
the period of calendar years #bjad      
through #bjba with respect to the       
transfer of a firearm which were        
administered by the ,federal ,bureau of 
,investigation on behalf of the ,bureau 
of ,alcohol1 ,tobacco1 ,firearms1 and   

,explosives4  7c7 ,memorandum of        
understanding ,not later than #ahj days 
after the date of enactment of this     
,act1 the ,director of the ,bureau of   
,alcohol1 ,tobacco1 ,firearms1 and      
,explosives and the ,director of the    
,federal ,bureau of ,investigation shall
 enter into a memorandum of             
understanding regarding the             
administration and processing of ,,nics 
inquiries with respect to the transfer  
of firearms4  7d7 ,definitions ,in this 
section-- 7#a7 ,firearm ,the term       
firearm has the same meaning given such 
term under section #ehde7;a7 of the     
,internal ,revenue ,code of #aihf4  7#b7
 ,,nics ,the term ,,nics means the      
national instant criminal background    
check system established under section  
#ajc of the ,brady ,handgun ,violence   
,prevention ,act 7#cd ,u4,s4,c4 #djija74