Plain English summary not yet available
The full original text is available below. Check back soon as we process this bill.
I
116TH CONGRESS
2D SESSION
H. R. 5949
To permit the search and retention of certain records with respect to
conducting criminal background checks, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 21, 2020
Mr. PANETTA (for himself and Ms. TLAIB) introduced the following bill; which
was referred to the Committee on the Judiciary
A BILL
To permit the search and retention of certain records with
respect to conducting criminal background checks, and
for other purposes.
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 ‘‘National Instant
4
Criminal Background Check System (NICS) Data Integ-
5
rity Act of 2020’’.
6
SEC. 2. SEARCH OF NATIONAL DATA EXCHANGE.
7
(a)
RETENTION
OF
BACKGROUND
CHECK
8
RECORDS.—Section 103 of the Brady Handgun Violence
9
Prevention Act (34 U.S.C. 40901) is amended—
10
VerDate Sep 11 2014
21:45 Feb 24, 2020
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5949.IH
H5949
lotter on DSKBCFDHB2PROD with BILLS
2
•HR 5949 IH
(1) by redesignating subsections (h) through (k)
1
as subsections (i) through (l) respectively; and
2
(2) by inserting after subsection (g) the fol-
3
lowing new subsection:
4
‘‘(h) RECORD RETENTION.—
5
‘‘(1) DEADLINE
FOR
RETENTION.—Notwith-
6
standing any other provision of law, the system may
7
retain records related to a transfer or potential
8
transfer of a firearm to a person who is the subject
9
of a call to the system pursuant to subsections (s)
10
or (t) of section 922 of title 18, United States Code,
11
for as long as necessary to determine whether re-
12
ceipt of a firearm by the person would violate sub-
13
sections (g) or (n) of such section or State law.
14
‘‘(2) NOTICE
OF
RETENTION.—If the system
15
has not determined whether receipt of a firearm by
16
a person would violate subsections (g) or (n) of sec-
17
tion 922 of title 18, United States Code, or State
18
law within 30 days after a call to the system with
19
respect the person, the system shall notify the per-
20
son in writing (or by electronic mail if the person
21
has consented to the use of electronic mail) that—
22
‘‘(A) the system may retain records relat-
23
ing to the person and the transfer of a firearm
24
until the system determines that receipt of such
25
VerDate Sep 11 2014
21:45 Feb 24, 2020
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5949.IH
H5949
lotter on DSKBCFDHB2PROD with BILLS
3
•HR 5949 IH
firearm by the person does not violate sub-
1
sections (g) or (n) of section 922 of title 18,
2
United States Code, or State law; and
3
‘‘(B) the person may submit to the Attor-
4
ney General information to correct, clarify, or
5
supplement records (with respect to the person)
6
retained by the system in accordance with this
7
section and any regulation established by the
8
Attorney General.’’.
9
(b) SEARCH OF NATIONAL DATA EXCHANGE.—Sec-
10
tion 103(e)(1) of the Brady Handgun Violence Prevention
11
Act (34 U.S.C. 40901(e)(1)) is amended by adding at the
12
end the following new subparagraph:
13
‘‘(L) SEARCH
OF
NATIONAL
DATA
EX-
14
CHANGE
DATABASE.—The system established
15
under this section shall search the database of
16
the National Data Exchange when conducting a
17
background check under this section.’’.
18
Æ
VerDate Sep 11 2014
21:45 Feb 24, 2020
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6301
E:\BILLS\H5949.IH
H5949
lotter on DSKBCFDHB2PROD with BILLS