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II
116TH CONGRESS
2D SESSION
S. 3815
To permit the search and retention of certain records with respect to
conducting criminal background checks, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MAY 21, 2020
Mrs. FEINSTEIN (for herself, Mr. BLUMENTHAL, and Mr. MURPHY) intro-
duced the following bill; which was read twice and referred to the Com-
mittee 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,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘National Instant
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Criminal Background Check System (NICS) Data Integ-
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rity Act of 2020’’.
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•S 3815 IS
SEC. 2. SEARCH OF NATIONAL DATA EXCHANGE.
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(a)
RETENTION
OF
BACKGROUND
CHECK
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RECORDS.—Section 103 of the Brady Handgun Violence
3
Prevention Act (34 U.S.C. 40901) is amended—
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(1) by redesignating subsections (h) through (k)
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as subsections (i) through (l), respectively;
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(2) in subsection (g), in the last sentence, by
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striking ‘‘subsection (k)’’ and inserting ‘‘subsection
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(l)’’; and
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(3) by inserting after subsection (g) the fol-
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lowing:
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‘‘(h) RECORD RETENTION.—
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‘‘(1) DEADLINE
FOR
RETENTION.—Notwith-
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standing any other provision of law, the system may
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retain records related to a transfer or potential
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transfer of a firearm to a person who is the subject
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of a contact of the system pursuant to section 922(t)
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of title 18, United States Code, for as long as nec-
18
essary to determine whether receipt of a firearm by
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the person would violate subsections (g) or (n) of
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such section or State law.
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‘‘(2) NOTICE
OF
RETENTION.—If the system
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has not determined whether receipt of a firearm by
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a person would violate subsections (g) or (n) of sec-
24
tion 922 of title 18, United States Code, or State
25
law during the 30-day period beginning on that date
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•S 3815 IS
on which the system is contacted with respect to the
1
person, the system shall notify the person in writing
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(or by electronic mail if the person has consented to
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the use of electronic mail) that—
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‘‘(A) the system may retain records relat-
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ing to the person and the transfer of a firearm
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until the system determines that receipt of such
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firearm by the person does not violate sub-
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sections (g) or (n) of section 922 of title 18,
9
United States Code, or State law; and
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‘‘(B) the person may submit to the Attor-
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ney General information to correct, clarify, or
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supplement records (with respect to the person)
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retained by the system in accordance with this
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section and any regulation established by the
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Attorney General.’’.
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(b) SEARCH OF NATIONAL DATA EXCHANGE.—Sec-
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tion 103(e)(1) of the Brady Handgun Violence Prevention
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Act (34 U.S.C. 40901(e)(1)) is amended by adding at the
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end the following new subparagraph:
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‘‘(L) SEARCH
OF
NATIONAL
DATA
EX-
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CHANGE
DATABASE.—The system established
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under this section shall search the database of
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•S 3815 IS
the National Data Exchange when conducting a
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background check under this section.’’.
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Æ
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