[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2175 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2175

  To safeguard the privacy of certain identification records and name 
                    checks, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 16, 1998

   Mr. Craig introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To safeguard the privacy of certain identification records and name 
                    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 ``Firearms Owner Privacy Act of 
1998''.

SEC. 2. UNLAWFUL RETENTION OF FIREARMS TRANSFER INFORMATION.

    (a) In General.--Chapter 93 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1925. Unlawful retention of federal firearms transfer 
              information
    ``(a) Definitions.--In this section--
            ``(1) the term `firearm' has the same meaning as in section 
        921(a);
            ``(2) the term `instant check information'--
                    ``(A) means any information--
                            ``(i) provided to the instant check system 
                        about an individual seeking to obtain a 
                        firearm; or
                            ``(ii) derived from any information 
                        provided as described in clause (i); and
                    ``(B) does not include any unique identification 
                number provided by the instant check system pursuant to 
                section 922(t)(1)(B)(i), or the date on which that 
                number is provided; and
            ``(3) the term `instant check system' means the national 
        instant criminal background check system established under 
        section 103 of the Brady Handgun Violence Prevention Act (18 
        U.S.C. 922 note).
    ``(b) Prohibitions and Penalties.--
            ``(1) Information relating to individuals not prohibited 
        from receiving a firearm.--Whoever, being an officer, employee, 
        contractor, consultant, or agent of the United States, 
        including a State or local employee or officer acting on behalf 
        of the United States, in that capacity--
                    ``(A) receives instant check information, in any 
                form or through any medium, about an individual who is 
                determined, through the use of the instant check 
                system, not to be prohibited by subsection (g) or (n) 
                of section 922, or by State law, from receiving a 
                firearm; and
                    ``(B) knowingly retains or transfers to another 
                person that information after the 24-hour period 
                beginning with such receipt;
        shall be fined not more than $250,000, imprisoned not more than 
        10 years, or both.
            ``(2) Information relating to individuals prohibited by law 
        from receiving a firearm.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), whoever, being an officer, employee, 
                contractor, consultant, or agent of the United States, 
                including a State or local employee or officer acting 
                on behalf of the United States, in that capacity--
                            ``(i) receives instant check information, 
                        in any form or through any medium, about an 
                        individual who is prohibited by Federal or 
                        State law from receiving a firearm; and
                            ``(ii) knowingly retains or transfers to 
                        another person that information after the 5-
                        year period beginning with such receipt;
                shall be fined not more than $250,000, imprisoned not 
                more than 10 years, or both.
                    ``(B) Inapplicability to information relating to 
                certain individuals.--Subparagraph (A) does not apply 
                to any information about an individual if a criminal 
                prosecution has been commenced against the individual 
                on the basis of that information.''.
    (b) Clerical Amendment.--The analysis for chapter 93 of title 18, 
United States Code, is amended by adding at the end the following:

``1925. Unlawful retention of Federal firearms transfer information.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on November 30, 
1998.
                                 <all>