Title: National Instant Criminal Background Check System (NICS) Data Integrity Act of 2020
Policy area: Crime and Law Enforcement

Summary:
National Instant Criminal Background Check System (NICS) Data Integrity Act of 2020
This bill modifies requirements governing the national instant criminal background check system (NICS).
Specifically, it allows the NICS to retain records related to a firearms-related background check for as long as necessary to make a final determination of firearms eligibility.
Additionally, it requires the NICS to query an additional database—the National Data Exchange—as part of a firearm-related background check.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3815 Introduced in Senate (IS)]

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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.

    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 2020''.

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 (k) as 
        subsections (i) through (l), 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 may retain records related to a 
        transfer or potential transfer of a firearm to a person who is 
        the subject of a contact of the system pursuant to section 
        922(t) of title 18, United States Code, for as long as 
        necessary to determine whether receipt of a firearm by the 
        person would violate subsections (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 subsections (g) or (n) of section 922 of title 18, 
        United States Code, or State law during the 30-day period 
        beginning on that date on which the system is contacted 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 subsections (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 new subparagraph:
                    ``(L) Search of national data exchange database.--
                The system established under this section shall search 
                the database of the National Data Exchange when 
                conducting a background check under this section.''.
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