Crime Gun Tracing Modernization Act of 2021

II 117TH CONGRESS 1ST SESSION S. 1801 To amend section 923 of title 18, United States Code, to require an electronic, searchable database of the importation, production, shipment, receipt, sale, or other disposition of firearms. IN THE SENATE OF THE UNITED STATES MAY 25, 2021 Mr. LEAHY (for himself, Mr. WHITEHOUSE, and Mrs. FEINSTEIN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend section 923 of title 18, United States Code, to require an electronic, searchable database of the importa- tion, production, shipment, receipt, sale, or other disposi- tion of firearms. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Crime Gun Tracing 4 Modernization Act of 2021’’. 5 SEC. 2. ELECTRONIC, SEARCHABLE DATABASES. 6 Section 923(g) of title 18, United States Code, is 7 amended by adding at the end the following: 8 VerDate Sep 11 2014 04:57 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1801.IS S1801 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1801 IS ‘‘(8)(A) In this paragraph, the term ‘foreign intel- 1 ligence information’ has the meaning given the term in 2 section 101 of the Foreign Intelligence Surveillance Act 3 of 1978 (50 U.S.C. 1801). 4 ‘‘(B) Not later than 3 years after the date of enact- 5 ment of this paragraph, the National Tracing Center of 6 the Bureau of Alcohol, Tobacco, Firearms, and Explosives 7 shall establish and maintain electronic, searchable data- 8 bases of all records within its possession of the importa- 9 tion, production, shipment, receipt, sale, or other disposi- 10 tion of firearms required to be submitted to the Bureau 11 of Alcohol, Tobacco, Firearms, and Explosives by persons 12 licensed under this chapter. 13 ‘‘(C) Each licensee under this chapter may provide 14 the National Tracing Center with electronic access, con- 15 sistent with the requirements of this paragraph, to all 16 records within the licensee’s possession that are required 17 to be kept under this chapter. 18 ‘‘(D) A licensee may voluntarily relinquish possession 19 of any non-electronic record required to be kept under this 20 chapter to the Bureau of Alcohol, Tobacco, Firearms, and 21 Explosives if— 22 ‘‘(i) 10 years have elapsed from the date of the 23 firearm transaction; or 24 VerDate Sep 11 2014 04:57 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1801.IS S1801 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1801 IS ‘‘(ii) in the case of paper acquisition and dis- 1 position books, 10 years have elapsed without any 2 open disposition entries and without any dispositions 3 recorded in that record. 4 ‘‘(E) The National Tracing Center— 5 ‘‘(i) shall have remote access to and may query, 6 search, or otherwise access the electronic databases 7 described in this paragraph; and 8 ‘‘(ii) may, with the permission of a State, or po- 9 litical subdivision of a State, have remote access to, 10 and may query, search, or otherwise access the data- 11 bases of the firearms registration system or pawn- 12 broker records system of the State or political sub- 13 division. 14 ‘‘(F) The National Tracing Center may query, 15 search, or otherwise access the electronic databases de- 16 scribed in this paragraph for only the following purposes: 17 ‘‘(i) To obtain information related to a bona 18 fide law enforcement investigation by any Federal, 19 State, local, tribal, or foreign law enforcement agen- 20 cy. 21 ‘‘(ii) To obtain information that is— 22 ‘‘(I) foreign intelligence information; or 23 VerDate Sep 11 2014 04:57 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1801.IS S1801 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1801 IS ‘‘(II) necessary to understand, or assess 1 the importance of, foreign intelligence informa- 2 tion. 3 ‘‘(iii) To obtain information necessary during a 4 compliance inspection of an active licensee who has 5 submitted non-electronic records in accordance with 6 subparagraph (D). 7 ‘‘(G) The databases established under this para- 8 graph— 9 ‘‘(i) shall be electronically searchable by date of 10 acquisition or disposition, license number, and the 11 information identified on each firearm or other fire- 12 arm descriptor, including the manufacturer, im- 13 porter, model, serial number, type, and caliber or 14 gauge; 15 ‘‘(ii) shall not be electronically searchable by 16 the personally identifiable information of any indi- 17 vidual; and 18 ‘‘(iii) shall include in search results the entire 19 contents of the relevant records kept by the licensee. 20 ‘‘(H) This paragraph shall take effect notwith- 21 standing any other provision of law, including any tem- 22 porary or permanent restrictions placed on funds made 23 VerDate Sep 11 2014 04:57 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1801.IS S1801 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1801 IS available to the Bureau of Alcohol, Tobacco, Firearms, 1 and Explosives, or the Department of Justice.’’. 2 Æ VerDate Sep 11 2014 04:57 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S1801.IS S1801 kjohnson on DSK79L0C42PROD with BILLS