Text: S.2974 — 115th Congress (2017-2018)All Information (Except Text)

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Introduced in Senate (05/24/2018)


115th CONGRESS
2d Session
S. 2974


To amend section 923 of title 18, United States Code, to require an electronic, searchable database of the importation, production, shipment, receipt, sale, or other disposition of firearms.


IN THE SENATE OF THE UNITED STATES

May 24, 2018

Mr. Leahy (for himself and Mr. Nelson) introduced the following bill; which was read twice and referred to the Committee on the Judiciary


A BILL

To amend section 923 of title 18, United States Code, to require an electronic, searchable database of the importation, production, shipment, receipt, sale, or other disposition of firearms.

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 “Crime Gun Tracing Modernization Act”.

SEC. 2. Electronic, searchable databases.

Section 923(g) of title 18, United States Code, is amended by adding at the end the following:

“(8) (A) In this paragraph, the term ‘foreign intelligence information’ has the meaning given the term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).

“(B) Not later than 3 years after the date of enactment of this paragraph, the National Tracing Center of the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall establish and maintain electronic, searchable databases of all records within its possession of the importation, production, shipment, receipt, sale, or other disposition of firearms required to be submitted to the Bureau of Alcohol, Tobacco, Firearms, and Explosives by persons licensed under this chapter.

“(C) Not later than 3 years after the date of enactment of this paragraph, each licensee under this chapter shall establish and maintain electronic, searchable databases remotely accessible by the National Tracing Center of all records within the licensee’s possession that are required to be kept under this chapter.

“(D) A licensee may voluntarily relinquish possession of any non-electronic record required to be kept under this chapter to the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

“(E) The National Tracing Center—

“(i) shall have remote access to and may query, search, or otherwise access the electronic databases described in this paragraph; and

“(ii) may, with the permission of a State, or political subdivision of a State, have remote access to, and may query, search, or otherwise access the databases of the firearms registration system or pawnbroker records system of the State or political subdivision.

“(F) The National Tracing Center may query, search, or otherwise access the electronic databases described in this paragraph for only the following purposes:

“(i) To obtain information related to any Federal, State, local, tribal, or foreign crime.

“(ii) To obtain information that is—

“(I) foreign intelligence information; or

“(II) necessary to understand, or assess the importance of, foreign intelligence information.

“(G) The databases established under this paragraph—

“(i) shall be electronically searchable by date of disposition, license number, and the information identified on each firearm or other firearm descriptor, including the manufacturer, importer, model, serial number, type, and caliber or gauge;

“(ii) shall not be electronically searchable by the personally identifiable information of any individual; and

“(iii) shall include in search results the entire contents of the relevant records kept by the licensee.

“(H) This paragraph shall take effect notwithstanding any other provision of law, including any temporary or permanent restrictions placed on funds made available to the Bureau of Alcohol, Tobacco, Firearms, and Explosives, or the Department of Justice.”.