Crime Gun Tracing Modernization Act of 2020

II 116TH CONGRESS 2D SESSION S. 3348 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 FEBRUARY 27, 2020 Mr. LEAHY 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 2020’’. 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 23:38 Feb 28, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3348.IS S3348 rfrederick on DSKBCBPHB2PROD with BILLS 2 •S 3348 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. 22 ‘‘(E) The National Tracing Center— 23 VerDate Sep 11 2014 23:38 Feb 28, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3348.IS S3348 rfrederick on DSKBCBPHB2PROD with BILLS 3 •S 3348 IS ‘‘(i) shall have remote access to and may query, 1 search, or otherwise access the electronic databases 2 described in this paragraph; and 3 ‘‘(ii) may, with the permission of a State, or po- 4 litical subdivision of a State, have remote access to, 5 and may query, search, or otherwise access the data- 6 bases of the firearms registration system or pawn- 7 broker records system of the State or political sub- 8 division. 9 ‘‘(F) The National Tracing Center may query, 10 search, or otherwise access the electronic databases de- 11 scribed in this paragraph for only the following purposes: 12 ‘‘(i) To obtain information related to any Fed- 13 eral, State, local, tribal, or foreign crime. 14 ‘‘(ii) To obtain information that is— 15 ‘‘(I) foreign intelligence information; or 16 ‘‘(II) necessary to understand, or assess 17 the importance of, foreign intelligence informa- 18 tion. 19 ‘‘(G) The databases established under this para- 20 graph— 21 ‘‘(i) shall be electronically searchable by date of 22 disposition, license number, and the information 23 identified on each firearm or other firearm 24 VerDate Sep 11 2014 23:38 Feb 28, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3348.IS S3348 rfrederick on DSKBCBPHB2PROD with BILLS 4 •S 3348 IS descriptor, including the manufacturer, importer, 1 model, serial number, type, and caliber or gauge; 2 ‘‘(ii) shall not be electronically searchable by 3 the personally identifiable information of any indi- 4 vidual; and 5 ‘‘(iii) shall include in search results the entire 6 contents of the relevant records kept by the licensee. 7 ‘‘(H) This paragraph shall take effect notwith- 8 standing any other provision of law, including any tem- 9 porary or permanent restrictions placed on funds made 10 available to the Bureau of Alcohol, Tobacco, Firearms and 11 Explosives, or the Department of Justice.’’. 12 Æ VerDate Sep 11 2014 23:38 Feb 28, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S3348.IS S3348 rfrederick on DSKBCBPHB2PROD with BILLS