I 

118TH CONGRESS 

1ST SESSION H. R. 5727 

To require the search and retention of certain records with respect to 

conducting criminal background checks, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 26, 2023 

Mr. PANETTA introduced the following bill; which was 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. 

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 2023’’. 

7 SEC. 2. SEARCH OF NATIONAL DATA EXCHANGE. 

8 (a) RETENTION OF BACKGROUND CHECK

9 RECORDS.—Section 103 of the Brady Handgun Violence 

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


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

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

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

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

5 (l)’’; and 

6 (3) by inserting after subsection (g) the fol7 lowing: 

8 ‘‘(h) RECORD RETENTION.— 

9 ‘‘(1) DEADLINE FOR RETENTION.—Notwith10 standing any other provision of law, the system shall 

11 retain records related to a transfer or potential 

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

13 of a call to the system pursuant to subsection (s) or 

14 (t) of section 922 of title 18, United States Code, 

15 for as long as necessary to determine whether re16 ceipt of a firearm by the person would violate sub17 section (g) or (n) of such section or State law. 

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

19 has not determined whether receipt of a firearm by 

20 a person would violate subsection (g) or (n) of sec21 tion 922 of title 18, United States Code, or State 

22 law within 30 days after a call to the system with 

23 respect to the person, the system shall notify the 

24 person in writing (or by electronic mail if the person 

25 has consented to the use of electronic mail) that— 


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1 ‘‘(A) the system may retain records relat2 ing to the person and the transfer of a firearm 

3 until the system determines that receipt of such 

4 firearm by the person does not violate sub5 section (g) or (n) of section 922 of title 18, 

6 United States Code, or State law; and 

7 ‘‘(B) the person may submit to the Attor8 ney General information to correct, clarify, or 

9 supplement records (with respect to the person) 

10 retained by the system in accordance with this 

11 section and any regulation established by the 

12 Attorney General.’’. 

13 (b) SEARCH OF NATIONAL DATA EXCHANGE.—Sec14 tion 103(e)(1) of the Brady Handgun Violence Prevention 

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

16 end the following: 

17 ‘‘(L) SEARCH OF NATIONAL DATA EX18 CHANGE DATABASE.—When determining wheth19 er receipt of a firearm by a person would violate 

20 subsection (g) or (n) of section 922 of title 18, 

21 United States Code, the system established 

22 under this section shall search databases con23 taining relevant information, including— 

24 ‘‘(i) the National Data Exchange; 


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1 ‘‘(ii) the Interstate Identification 

2 Index System (as defined in article I of the 

3 National Crime Prevention and Privacy 

4 Compact, set forth in section 217 of the 

5 Crime Identification Technology Act of 

6 1998 (34 U.S.C. 40316)); 

7 ‘‘(iii) the National Crime Information 

8 Center databases; 

9 ‘‘(iv) the database created for use by 

10 the National Instant Criminal Background 

11 Check System and that contains descrip12 tive information on persons determined to 

13 be disqualified from possessing a firearm 

14 based upon State or Federal law (com15 monly known as the ‘NICS Index’); and 

16 ‘‘(v) any other database determined 

17 by the Attorney General to be relevant to 

18 conducting a background search.’’. 

Æ 


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