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

December 13, 2001

Mrs. MCCARTHY of New York (for herself, Mr. WAXMAN, Mr. SHAYS, Mr. MORAN of Virginia, Mr. KENNEDY of Rhode Island, Ms. SCHAKOWSKY, Mr. SCOTT, Ms. WATSON of California, Mrs. TAUSCHER, Ms. NORTON, Mr. TIERNEY, Mr. BLAGOJEVICH, Mr. WEXLER, Mr. CLAY, Mr. PASCRELL, Mr. NEAL of Massachusetts, Mr. LANGEVIN, Mr. FRANK, Ms. MCCOLLUM, Ms. LOFGREN, Mrs. MALONEY of New York, Mr. MEEKS of New York, Mr. ISRAEL, Mr. ABERCROMBIE, Mrs. MINK of Hawaii, Mr. WEINER, Mr. FARR of California, Ms. SLAUGHTER, Mr. PAYNE, Mrs. CAPPS, Mr. DICKS, and Mr. ROTHMAN) introduced the following bill; which was referred to the Committee on the Judiciary

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 103 of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note) is amended by adding at the end the following:

`(l) FBI ACCESS TO SYSTEM INFORMATION- Notwithstanding subsection (h), the Attorney General shall allow the Federal Bureau of Investigation to access audit log records of the system established under this section, 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 `, not less than 90 days after the date on which the licensee first contacts the system with respect to the transfer' before the period.

(b) INTERAGENCY COOPERATION- Section 922(t)(2) of such title is amended by adding after and below the end the following:

`The Attorney General shall make available to the Secretary of the Treasury the records maintained in accordance with subparagraph (C), to enable the Secretary to conduct audits to detect fraud and misuse of the system and to protect the privacy and security of the information in the system. The Secretary of the Treasury shall maintain and destroy the records in accordance with all laws applicable to the records.'.

END