National Instant Criminal Background Check System (NICS) Data Integrity Act of 2023

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2381 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2381

To require 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

                             July 19, 2023

Mrs. Feinstein (for herself, Mr. Blumenthal, Mr. Booker, 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Instant Criminal Background 
Check System (NICS) Data Integrity Act of 2023''.

SEC. 2. SEARCH OF NATIONAL DATA EXCHANGE.

    (a) Retention of Background Check Records.--Section 103 of the 
Brady Handgun Violence Prevention Act (34 U.S.C. 40901) is amended--
            (1) by redesignating subsections (h) through (l) as 
        subsections (i) through (m), respectively;
            (2) in subsection (g), in the last sentence, by striking 
        ``subsection (k)'' and inserting ``subsection (l)''; and
            (3) by inserting after subsection (g) the following:
    ``(h) Record Retention.--
            ``(1) 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.
            ``(2) 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--
                    ``(A) 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
                    ``(B) 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.''.
    (b) 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:
                    ``(L) 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--
                            ``(i) the National Data Exchange;
                            ``(ii) 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));
                            ``(iii) the National Crime Information 
                        Center databases;
                            ``(iv) 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
                            ``(v) any other database determined by the 
                        Attorney General to be relevant to conducting a 
                        background search.''.
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