I 116TH CONGRESS 2D SESSION H. R. 5917 To repeal certain impediments to the administration of the firearms laws. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 14, 2020 Ms. LEE of California (for herself, Ms. MOORE, Mr. DEUTCH, Mr. GALLEGO, Mr. CLAY, Ms. PRESSLEY, Mr. RYAN, Ms. NORTON, Mr. RUSH, Mr. GRI- JALVA, Mr. CONNOLLY, Mr. BLUMENAUER, Ms. GARCIA of Texas, Mr. LEVIN of Michigan, Mrs. MURPHY of Florida, Mr. RASKIN, Mr. DANNY K. DAVIS of Illinois, Mr. ENGEL, Mr. CARSON of Indiana, Mr. SABLAN, Mr. GARCI´A of Illinois, Ms. SHERRILL, Mrs. KIRKPATRICK, Ms. ADAMS, Mr. MEEKS, Mr. SCOTT of Virginia, Ms. SCHAKOWSKY, and Ms. SHALALA) introduced the following bill; which was referred to the Com- mittee on the Judiciary A BILL To repeal certain impediments to the administration of the firearms laws. 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 ‘‘Gun Records Restora- 4 tion and Preservation Act’’. 5 SEC. 2. FINDINGS. 6 The Congress finds as follows: 7 VerDate Sep 11 2014 21:08 Feb 20, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5917.IH H5917 pamtmann on DSKBC47HB2PROD with BILLS 2 •HR 5917 IH (1) The Tiahrt Amendments severely limit the 1 authority of the Bureau of Alcohol, Tobacco, Fire- 2 arms and Explosives (ATF) to disclose crime gun 3 trace data to the public. 4 (2) The Tiahrt Amendments prevent the collec- 5 tion of valuable information, and the establishment 6 of effective policies to prevent illegal guns from 7 being used in crimes. 8 (3) The Tiahrt Amendments impede enforce- 9 ment of the gun laws by requiring most background 10 check records to be destroyed within 24 hours, and 11 by barring the Government from requiring annual 12 inventory audits by owners of gun shops. 13 (4) A 2012 study by researchers at Johns Hop- 14 kins Bloomberg School of Public Health found that 15 the Tiahrt Amendments dramatically increased gun 16 sales to criminals. 17 (5) A 2016 study from the University of Pitts- 18 burgh Graduate School of Public Health found that 19 in 2008, 79 percent of all guns recovered by police 20 from crime scenes belonged to someone other than 21 the perpetrator—30 percent had been stolen. 22 (6) A gun is stolen in the United States every 23 2 minutes. 24 VerDate Sep 11 2014 21:08 Feb 20, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5917.IH H5917 pamtmann on DSKBC47HB2PROD with BILLS 3 •HR 5917 IH (7) Every year, nearly 115,000 Americans are 1 shot. 2 (8) In 2016, 38,658 Americans were killed with 3 a gun. 4 (9) In 2016, 289,223 firearms were recovered 5 and traced in the United States, of which 211,384 6 were traced to a final retail purchaser. 7 (10) Having effective policies to prevent illegal 8 gun trafficking makes our families and communities 9 safer. 10 (11) Repealing the Tiahrt Amendments would 11 support law enforcement efforts and give the public 12 vital information needed to craft the most effective 13 policies against illegal guns. 14 SEC. 3. REPEAL OF CERTAIN LIMITATIONS ON THE USE OF 15 DATABASE INFORMATION OF THE BUREAU 16 OF ALCOHOL, TOBACCO, FIREARMS AND EX- 17 PLOSIVES. 18 (a) The matter under the heading ‘‘Bureau of Alco- 19 hol, Tobacco, Firearms and Explosives—Salaries and Ex- 20 penses’’ in title I of division B of the Consolidated and 21 Further Continuing Appropriations Act, 2012 (18 U.S.C. 22 923 note; Public Law 112–55; 125 Stat. 609–610) is 23 amended by striking the 6th proviso. 24 VerDate Sep 11 2014 21:08 Feb 20, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5917.IH H5917 pamtmann on DSKBC47HB2PROD with BILLS 4 •HR 5917 IH (b) The 6th proviso under the heading ‘‘Bureau of 1 Alcohol, Tobacco, Firearms and Explosives—Salaries and 2 Expenses’’ in title II of division B of the Consolidated Ap- 3 propriations Act, 2010 (18 U.S.C. 923 note; Public Law 4 111–117; 123 Stat. 3128–3129) is amended by striking 5 ‘‘beginning in fiscal year 2010 and thereafter’’ and insert- 6 ing ‘‘in fiscal year 2010’’. 7 (c) The 6th proviso under the heading ‘‘Bureau of 8 Alcohol, Tobacco, Firearms and Explosives—Salaries and 9 Expenses’’ in title II of division B of the Omnibus Appro- 10 priations Act, 2009 (18 U.S.C. 923 note; Public Law 111– 11 8; 123 Stat. 574–576) is amended by striking ‘‘beginning 12 in fiscal year 2009 and thereafter’’ and inserting ‘‘in fiscal 13 year 2009’’. 14 (d) The 6th proviso under the heading ‘‘Bureau of 15 Alcohol, Tobacco, Firearms and Explosives—Salaries and 16 Expenses’’ in title II of division B of the Consolidated Ap- 17 propriations Act, 2008 (18 U.S.C. 923 note; Public Law 18 110–161; 121 Stat. 1903–1904) is amended by striking 19 ‘‘beginning in fiscal year 2008 and thereafter’’ and insert- 20 ing ‘‘in fiscal year 2008’’. 21 (e) The 6th proviso under the heading ‘‘Bureau of 22 Alcohol, Tobacco, Firearms and Explosives—Salaries and 23 Expenses’’ in title I of the Science, State, Justice, Com- 24 merce, and Related Agencies Appropriations Act, 2006 25 VerDate Sep 11 2014 21:08 Feb 20, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5917.IH H5917 pamtmann on DSKBC47HB2PROD with BILLS 5 •HR 5917 IH (18 U.S.C. 923 note; Public Law 109–108; 119 Stat. 1 2295–2296) is amended by striking ‘‘with respect to any 2 fiscal year’’. 3 (f) The 6th proviso under the heading in title I of 4 division B of the Consolidated Appropriations Act, 2005 5 (18 U.S.C. 923 note; Public Law 108–447; 118 Stat. 6 2859–2860) is amended by striking ‘‘with respect to any 7 fiscal year’’. 8 SEC. 4. REPEAL OF LIMITATIONS ON IMPOSITION OF RE- 9 QUIREMENT THAT FIREARMS DEALERS CON- 10 DUCT PHYSICAL CHECK OF FIREARMS IN- 11 VENTORY. 12 (a) The 5th proviso under the heading ‘‘Bureau of 13 Alcohol, Tobacco, Firearms and Explosives—Salaries and 14 Expenses’’ in title II of division B of the Consolidated and 15 Further Continuing Appropriations Act, 2013 (18 U.S.C. 16 923 note; Public Law 113–6; 127 Stat. 248) is amended 17 by striking ‘‘and any fiscal year thereafter’’. 18 (b) The matter under the heading ‘‘Bureau of Alco- 19 hol, Tobacco, Firearms and Explosives—Salaries and Ex- 20 penses’’ in title I of division B of the Consolidated and 21 Further Continuing Appropriations Act, 2012 (18 U.S.C. 22 923 note; Public Law 112–55; 125 Stat. 609–610) is 23 amended by striking the 7th proviso. 24 VerDate Sep 11 2014 21:08 Feb 20, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5917.IH H5917 pamtmann on DSKBC47HB2PROD with BILLS 6 •HR 5917 IH (c) The matter under the heading ‘‘Bureau of Alco- 1 hol, Tobacco, Firearms and Explosives—Salaries and Ex- 2 penses’’ in title II of Division B of the Consolidated Ap- 3 propriations Act of 2010 (18 U.S.C. 923 note; Public Law 4 111–117; 123 Stat. 3128) is amended by striking ‘‘or any 5 other Act’’ in the 7th proviso. 6 (d) The matter under the heading ‘‘Bureau of Alco- 7 hol, Tobacco, Firearms and Explosives—Salaries and Ex- 8 penses’’ in title II of Division B of the Omnibus Appro- 9 priations Act of 2009 (18 U.S.C. 923 note; Public Law 10 111–8; 123 Stat. 574) is amended by striking ‘‘or any 11 other Act’’ in the 7th proviso. 12 (e) The matter under the heading ‘‘Bureau of Alco- 13 hol, Tobacco, Firearms and Explosives—Salaries and Ex- 14 penses’’ in title II of Division B of the Consolidated Ap- 15 propriations Act of 2008 (18 U.S.C. 923 note; Public Law 16 110–161; 121 Stat. 1903) is amended by striking ‘‘or any 17 other Act’’ in the 7th proviso. 18 (f) The matter under the heading ‘‘Bureau of Alco- 19 hol, Tobacco, Firearms and Explosives—Salaries and Ex- 20 penses’’ in title I of the Science, State, Justice, Commerce 21 And Related Agencies Appropriations Act of 2006 (18 22 U.S.C. 923 note; Public Law 109–108; 119 Stat. 2295) 23 is amended by striking ‘‘or any other Act’’ in the 7th pro- 24 viso. 25 VerDate Sep 11 2014 01:52 Feb 21, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5917.IH H5917 pamtmann on DSKBC47HB2PROD with BILLS 7 •HR 5917 IH (g) The matter under the heading ‘‘Bureau of Alco- 1 hol, Tobacco, Firearms and Explosives—Salaries and Ex- 2 penses’’ in title I of Division B of the Consolidated and 3 Further Continuing Appropriations Act, 2005 (18 U.S.C. 4 923 note; Public Law 108–447; 118 Stat. 2859–2860) is 5 amended by striking ‘‘or any other Act’’ in the 7th proviso. 6 (h) The matter under the heading ‘‘Bureau of Alco- 7 hol, Tobacco, Firearms and Explosives—Salaries and Ex- 8 penses’’ in title I of Division B of the Consolidated and 9 Further Continuing Appropriations Act, 2004 (18 U.S.C. 10 923 note; Public Law 108–199; 1185 Stat. 53) is amend- 11 ed by striking ‘‘or any other Act’’ in the 7th proviso. 12 SEC. 5. REPEAL OF REQUIREMENT TO DESTROY INSTANT 13 CRIMINAL BACKGROUND CHECK RECORDS 14 WITHIN 24 HOURS. 15 Section 511 of the Consolidated and Further Con- 16 tinuing Appropriations Act, 2012 (18 U.S.C. 922 note; 17 Public Law 112–55; 125 Stat. 632) is amended— 18 (1) by striking ‘‘for—’’ and all that follows 19 through ‘‘(1)’’; and 20 (2) by striking the semicolon and all that fol- 21 lows and inserting a period. 22 Æ VerDate Sep 11 2014 21:08 Feb 20, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H5917.IH H5917 pamtmann on DSKBC47HB2PROD with BILLS