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[DOCID: f:s1788is.txt]






107th CONGRESS
  1st Session
                                S. 1788

 To give the Federal Bureau of Investigation access to NICS records in 
        law enforcement investigations, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 7, 2001

 Mr. Schumer (for himself, Mr. Kennedy, Mr. Reed, Mr. Torricelli, Mr. 
  Levin, Mrs. Boxer, and Mr. Corzine) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To give the Federal Bureau of Investigation access to NICS records in 
        law enforcement investigations, 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 ``Use NICS in Terrorist Investigations 
Act''.

SEC. 2. AUTHORITY OF THE FEDERAL BUREAU OF INVESTIGATION.

    Section 922(t)(2) of title 18, United States Code, is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting ``; and''; and
            (3) by inserting after subparagraph (C) the following:
            ``(D) allow the Federal Bureau of Investigation to access 
        NICS audit log records for the purpose of responding to an 
        inquiry from any federal, state, or local law enforcement 
        agency in connection with a civil or criminal law enforcement 
        investigation.''.

SEC. 3. GUN SALE ANTI-FRAUD AND PRIVACY PROTECTION.

    (a) Prevention of Fraud and Abuse.--Section 922(t)(2)(C) of title 
18, United States Code, is amended by inserting before the semicolon 
the following: ``, consistent with the responsibility of the Attorney 
General under section 103(h) of the Brady Handgun Violence Protection 
Act (18 U.S.C. 922 note) to ensure privacy of the system and to prevent 
system fraud and abuse, but in no event fewer than 90 days after the 
date on which the licensee first contacts the system with respect to 
the transfer''.
    (b) Interagency Cooperation.--Section 922(t)(2) of title 18, United 
States Code, is amended by adding after subparagraph (D) the following:
``During the period that records are maintained pursuant to 
subparagraph (C), the Department of Justice and its divisions, 
including the Federal Bureau of Investigation, shall make those records 
available to the Department of the Treasury and its divisions, 
including the Bureau of Alcohol, Tobacco, and Firearms, for the purpose 
of conducting system audits to detect fraud and misuse of the system 
and to protect the privacy and security of the system. The Department 
of the Treasury shall maintain and destroy those records in accordance 
with all statutory requirements imposed on the Department of 
Justice.''.
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