117 HR 8511 IH: Protecting Our Second Amendment Data Act U.S. House of Representatives 2022-07-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS2d SessionH. R. 8511IN THE HOUSE OF REPRESENTATIVESJuly 26, 2022Mr. Perry (for himself, Mr. Kelly of Mississippi, Mr. Tiffany, and Mr. Higgins of Louisiana) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend the Omnibus Crime Control and Safe Streets Act of 1968 to require certifications related to the intentional, accidental, or otherwise knowing disclosure of personally identifiable information of persons involved in transactions related to possession of firearms, and for other purposes.

1.

Short title

This Act may be cited as the Protecting Our Second Amendment Data Act.

2.

Edward Byrne Memorial Justice Assistance Grant Program

Section 502(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10153(a)) is amended by adding at the end the following:(7)A certification that during the previous fiscal year the applicant has not intentionally, accidentally, or otherwise knowingly disclosed personally identifiable information of a person involved in a transaction to register a firearm, apply for a concealed carry permit, apply for an open carry permit, or apply for a background check related to possession of a firearm..

3.

Discretionary grants

(a)

Grants to public agencies

Section 517 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10181) is amended—(1)in paragraph (3), by striking and at the end;(2)in paragraph (4), by striking the period at the end and inserting ; and; and (3)by adding at the end the following:(5)certifies that during the previous fiscal year the applicant has not intentionally, accidentally, or otherwise knowingly disclosed personally identifiable information of a person involved in a transaction to register a firearm, apply for a concealed carry permit, apply for an open carry permit, or apply for a background check related to possession of a firearm..(b)

Grants to private entities

Section 519(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10191(b)) is amended by inserting before the period at the end the following: , including a certification that the organization has not used, disseminated, or facilitated the use or dissemination of personally identifiable information of a person involved in a transaction to register a firearm, apply for a concealed carry permit, apply for an open carry permit, or apply for a background check related to possession of a firearm. (c)

Cops grants

Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381) is amended by adding at the end the following:(n)

Certification

In awarding grants under this subchapter, the COPS Director and the BJA Director shall require States, units of local government, and Indian tribes to submit a certification that during the previous fiscal year the State, unit of local government, or Indian tribe has not intentionally, accidentally, or otherwise knowingly disclosed personally identifiable information of a person or persons involved in a transaction to register a firearm, apply for a concealed carry permit, apply for an open carry permit, or apply for a background check related to the possession of a firearm. Such certification shall be made in a form acceptable to the COPS Director and the BJA Director..

4.

Definitions

Section 901(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251(a)) is amended—(1)in paragraph (27), by striking and at the end;(2)in paragraph (28), by striking the period at the end and inserting a semicolon; and(3)by inserting after paragraph (28) the following: (29)the term firearm has the meaning given such term in section 921 of title 18, United States Code; and (30)the term personally identifiable information means information that can be used to distinguish or trace an individual’s identity, such as the name, Social Security number, date and place of birth, biometric records, home or other phone numbers, or other demographic, medical, or financial information. .