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) introduced the following bill; which was read twice and 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Instant 

5 Criminal Background Check System (NICS) Data Integ6 rity Act of 2020’’. 


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1 SEC. 2. SEARCH OF NATIONAL DATA EXCHANGE. 

2 (a) RETENTION OF BACKGROUND CHECK

3 RECORDS.—Section 103 of the Brady Handgun Violence 

4 Prevention Act (34 U.S.C. 40901) is amended— 

5 (1) by redesignating subsections (h) through (k) 

6 as subsections (i) through (l), respectively; 

7 (2) in subsection (g), in the last sentence, by 

8 striking ‘‘subsection (k)’’ and inserting ‘‘subsection 

9 (l)’’; and 

10 (3) by inserting after subsection (g) the fol11 lowing: 

12 ‘‘(h) RECORD RETENTION.— 

13 ‘‘(1) DEADLINE FOR RETENTION.—Notwith14 standing any other provision of law, the system may 

15 retain records related to a transfer or potential 

16 transfer of a firearm to a person who is the subject 

17 of a contact of the system pursuant to section 922(t) 

18 of title 18, United States Code, for as long as nec19 essary to determine whether receipt of a firearm by 

20 the person would violate subsections (g) or (n) of 

21 such section or State law. 

22 ‘‘(2) NOTICE OF RETENTION.—If the system 

23 has not determined whether receipt of a firearm by 

24 a person would violate subsections (g) or (n) of sec25 tion 922 of title 18, United States Code, or State 

26 law during the 30-day period beginning on that date 


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1 on which the system is contacted with respect to the 

2 person, the system shall notify the person in writing 

3 (or by electronic mail if the person has consented to 

4 the use of electronic mail) that— 

5 ‘‘(A) the system may retain records relat6 ing to the person and the transfer of a firearm 

7 until the system determines that receipt of such 

8 firearm by the person does not violate sub9 sections (g) or (n) of section 922 of title 18, 

10 United States Code, or State law; and 

11 ‘‘(B) the person may submit to the Attor12 ney General information to correct, clarify, or 

13 supplement records (with respect to the person) 

14 retained by the system in accordance with this 

15 section and any regulation established by the 

16 Attorney General.’’. 

17 (b) SEARCH OF NATIONAL DATA EXCHANGE.—Sec18 tion 103(e)(1) of the Brady Handgun Violence Prevention 

19 Act (34 U.S.C. 40901(e)(1)) is amended by adding at the 

20 end the following new subparagraph: 

21 ‘‘(L) SEARCH OF NATIONAL DATA EX22 CHANGE DATABASE.—The system established 

23 under this section shall search the database of 


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1 the National Data Exchange when conducting a 

2 background check under this section.’’. 

Æ 


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