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House Bill 5949
116th Congress(2019-2020)
National Instant Criminal Background Check System (NICS) Data Integrity Act of 2020
Introduced
Introduced
Introduced in House on Feb 21, 2020
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Introduced in House 
Feb 21, 2020
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Introduced in House(Feb 21, 2020)
Feb 21, 2020
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H. R. 5949 (Introduced-in-House)


116th CONGRESS
2d Session
H. R. 5949


To permit the search and retention of certain records with respect to conducting criminal background checks, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

February 21, 2020

Mr. Panetta (for himself and Ms. Tlaib) introduced the following bill; which was 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; and

(2) by inserting after subsection (g) the following new subsection:

“(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 call to the system pursuant to subsections (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 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 within 30 days after a call to the system with respect 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.”.