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.....................................................................
(Original Signature of Member)

116TH CONGRESS
2D SESSION

H. R. ll

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
Mr. PANETTA introduced the following bill; which was referred to the
Committee on llllllllllllll

A BILL
To permit 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 Representa-

2 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 2020’’.

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2
1

SEC. 2. SEARCH OF NATIONAL DATA EXCHANGE.

2

(a)

RETENTION

OF

BACKGROUND

CHECK

3 RECORDS.— Section 103 of the Brady Handgun Violence
4 Prevention Act (34 U.S.C. 40901) is amended—
5
6

(1) by redesignating subsections (h) through (k)
as subsections (i) through (l) respectively; and

7

(2) by inserting after subsection (g) the fol-

8

lowing new subsection:

9

‘‘(h) RECORD RETENTION.—

10

‘‘(1) DEADLINE

RETENTION.—Notwith-

11

standing any other provision of law, the system may

12

retain records related to a transfer or potential

13

transfer of a firearm to a person who is the subject

14

of a call to the system pursuant to subsections (s)

15

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

16

for as long as necessary to determine whether re-

17

ceipt of a firearm by the person would violate sub-

18

sections (g) or (n) of such section or State law.

19

‘‘(2) NOTICE

OF RETENTION.—If

the system

20

has not determined whether receipt of a firearm by

21

a person would violate subsections (g) or (n) of sec-

22

tion 922 of title 18, United States Code, or State

23

law within 30 days after a call to the system with

24

respect the person, the system shall notify the per-

25

son in writing (or by electronic mail if the person

26

has consented to the use of electronic mail) that—

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3
1

‘‘(A) the system may retain records relat-

2

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 sub-

5

sections (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 Attor-

8

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.—Sec-

14 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 new subparagraph:
17

‘‘(L) SEARCH

NATIONAL

DATA

EX-

18

CHANGE DATABASE.—The

19

under this section shall search the database of

20

the National Data Exchange when conducting a

21

background check under this section.’’.

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