[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5727 Introduced in House (IH)]
<DOC>
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.
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 (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 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.''.
<all>