[Congressional Record Volume 144, Number 78 (Tuesday, June 16, 1998)]
[Senate]
[Pages S6412-S6413]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CRAIG:
  S. 2175. A bill to safeguard the privacy of certain identification 
records and name checks, and for other purposes; to the Committee on 
the Judiciary.


                   firearms owner privacy act of 1998

  Mr. CRAIG. Mr. President, I rise to introduce the Firearms Owner 
Privacy Act of 1998. This bill is aimed at safeguarding the privacy of 
law-abiding citizens who choose to purchase firearms and therefore 
undergo the instant background check mandated by the Brady Act.
  As many of my colleagues know, the National Instant Criminal 
Background Check System (NICS) is scheduled to go online on November 
30, 1998. After that date, federally-licensed firearms dealers are 
required to contact NICS before they sell any handgun or long gun, so 
that a records check can be performed to determine whether the 
purchaser is prohibited by law from receiving the firearm.
  A unique identification number will be assigned by the NICS to each 
search request in order to identify the transaction. That number is to 
be kept by the dealer. However, if the sale is approved--that is, if 
the purchaser is not disqualified from purchasing the firearm--all 
other records pertaining to that sale are to be destroyed.
  This only makes sense. The Brady Act was never aimed at generating 
records concerning legal firearms sales. It was promoted as a law 
enforcement tool--a tool to prevent illegal gun sales and prosecute 
convicted felons or other disqualified persons who attempt to obtain 
firearms illegally.
  More important, Senators who participated in the debate on the Brady 
bill will remember the concerns that were raised about the federal 
government retaining records of approved, legal transactions. Simply 
put, keeping those records is tantamount to registering firearms--
something that is far from acceptable to most Americans, not to mention 
most members of Congress and certainly to this Senator. The federal 
government has no legitimate reason for keeping track of which 
Americans own guns. On the contrary, history teaches us that gun 
registration schemes have been used to pave the way for gun 
confiscation. It is not unreasonable for citizens to be skeptical of 
the government's self-restraint--indeed, that is why our Founders built 
checks and balances into our system of government in the first place.
  In fashioning the Brady Act, Congress did not rely on government 
promises not to compile information on law-abiding gun purchasers. 
Instead, the law expressly prohibits the federal government from using 
NICS to establish any system for registering firearms, firearm owners, 
or transactions involving firearms. It also prevents a de facto 
registration system by specifically prohibiting the federal government 
from recording or keeping the records generated by the instant 
background check.
  Again and again during debate on this measure, members of the House 
and Senate raised concerns about the privacy interests of law-abiding 
citizens. Again and again, we were assured that these prohibitions 
would prevent the Brady Act from establishing or promoting any kind of 
gun registration for law-abiding citizens. Clearly, one of the keys to 
passing the Brady bill was the absolute assurance that the privacy of 
law-abiding citizens would be respected, and records of their firearms 
transactions would be destroyed.
  It is worth noting that since enactment of the Brady law, the concern 
over its potential for promoting gun registration has continued to 
boil. Like many of our colleagues, I continue to hear from people in my 
state and around the nation who do not believe this Administration--no 
friend to law-abiding gun owners--can resist the opportunity to mis-use 
and abuse the records generated during these background checks.
  Mr. President, the Administration just turned up the heat on those 
boiling fears. Now that we are within months of putting NICS on line, 
federal agencies are beginning to release the details of how the system 
is expected to work. My telephones are beginning to ring as firearms 
dealers, gun collectors, and sportspeople have an opportunity to read 
the fine print. Among the proposals that concern them the most is that 
the agency operating NICS intends to keep records of approved firearms 
transactions for eighteen months.

[[Page S6413]]

  That's right. The federal government proposes to keep records of 
legal, approved transactions for a year and a half.
  The agency has explained that it needs to keep the records for 
auditing purposes, to make sure the system is working properly and not 
being abused. Mr. President, why in the world do they need a year and a 
half for that purpose? Furthermore, the longer these records sit 
around, the more potential there is for abuse. How can the agency 
justify allowing its own administrative convenience to outweigh the 
serious privacy and civil liberties concerns raised against retaining 
such records?
  Let's not forget that under the current, interim system, records of 
an approved transaction are destroyed within twenty days. The NICS 
system is supposed to speed up the entire background check process so 
that the average contact will take minutes. Even if additional time is 
required because of problems with the check, the transaction is allowed 
to go forward within a mere three days, if the dealer does not receive 
a disapproval. The acceleration in every other part of the NICS system 
makes this records retention proposal even more incredible.
  I am wholly unconvinced that the agency has any legitimate purpose 
for retaining the records of lawful purchases by qualified citizens as 
it has proposed. The bill I am introducing today, the Firearms Owner 
Privacy Act of 1998, simply reinforces the decision that this Congress 
originally made on this critical issue. It would require information 
generated by the system on approved, lawful purchases to be destroyed 
within twenty-four hours. An individual who knowingly retained or 
transferred that information after that time would face criminal 
penalties of up to $250,000 or up to ten years' imprisonment.
  My bill also deals with transactions that are disapproved because a 
would-be purchaser is prohibited by federal or state law from receiving 
a firearm. For those transactions, the bill would permit the agency to 
retain the records for five years. If a criminal prosecution has been 
commenced against the purchaser, there would be no restriction at all 
on the agency's retention of the records. These provisions are aimed at 
insuring that if our law enforcement agencies intend to pursue a 
disapproved sale, they have ample opportunity to do so. However, the 
usefulness of these records past five years is very questionable.
  Mr. President, I believe my bill imposes reasonable, workable limits 
that conform to Congressional intent. If someone knows a legitimate 
reason why the federal government should keep these records longer than 
my bill allows, I am certainly willing to listen to their arguments. To 
date, however, the explanations from the Administration have been 
unpersuasive at best.
  Let me point out that a similar effort to limit the retention of 
these records is underway in the other body, headed by Representative 
Bob Barr. I hope my colleagues will join me in this effort to protect 
the privacy and civil liberties of law-abiding citizens.
  I ask unanimous consent that a copy of the Firearms Owner Privacy Act 
of 1998 be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2175

       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.
                                 ______