II
117th CONGRESS
1st Session
S. 3387
IN THE SENATE OF THE UNITED STATES
December 14, 2021
Mrs. Feinstein (for herself, Mr. Blumenthal, Mr. Booker, Mr. Brown, Mr. Menendez, Mr. Murphy, Mr. Padilla, and Mr. Whitehouse) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To require the search and retention of certain records with respect to conducting criminal background checks, and for other purposes.
Short title
This Act may be cited as the National Instant Criminal Background Check System (NICS) Data Integrity Act of 2021
.
Search of National Data Exchange
Retention of Background Check Records
Section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901) is amended—
by redesignating subsections (h) through (k) as subsections (i) through (l), respectively;
in subsection (g), in the last sentence, by striking subsection (k)
and inserting subsection (l)
; and
by inserting after subsection (g) the following:
Record Retention
Deadline for Retention
Notwithstanding any other provision of law, the system shall retain records related to a transfer or potential transfer of a firearm to a person who is the subject of a call to the system pursuant to subsection (s) or (t) of section 922 of title 18, United States Code, for as long as necessary to determine whether receipt of a firearm by the person would violate subsection (g) or (n) of such section or State law.
Notice of Retention
If the system has not determined whether receipt of a firearm by a person would violate subsection (g) or (n) of section 922 of title 18, United States Code, or State law within 30 days after a call to the system with respect to the person, the system shall notify the person in writing (or by electronic mail if the person has consented to the use of electronic mail) that—
the system may retain records relating to the person and the transfer of a firearm until the system determines that receipt of such firearm by the person does not violate subsection (g) or (n) of section 922 of title 18, United States Code, or State law; and
the person may submit to the Attorney General information to correct, clarify, or supplement records (with respect to the person) retained by the system in accordance with this section and any regulation established by the Attorney General.
.
Search of National Data Exchange
Section 103(e)(1) of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901(e)(1)) is amended by adding at the end the following:
Search of National Data Exchange Database
When determining whether receipt of a firearm by a person would violate subsection (g) or (n) of section 922 of title 18, United States Code, the system established under this section shall search databases containing relevant information, including—
the National Data Exchange;
the Interstate Identification Index System (as defined in article I of the National Crime Prevention and Privacy Compact, set forth in section 217 of the Crime Identification Technology Act of 1998 (34 U.S.C. 40316));
the National Crime Information Center databases;
the database created for use by the National Instant Criminal Background Check System and that contains descriptive information on persons determined to be disqualified from possessing a firearm based upon State or Federal law (commonly known as the NICS Index
); and
any other database determined by the Attorney General to be relevant to conducting a background search.
.