[Congressional Record Volume 144, Number 80 (Thursday, June 18, 1998)]
[Senate]
[Pages S6632-S6633]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         ADDITIONAL STATEMENTS

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           NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM

 Mr. SMITH of New Hampshire. Mr. President, later this year, 
under the so-called Brady Law, the National Instant Criminal Background 
Check System (NICS) will go into effect. The purpose of NICS is to 
prevent the purchase of guns by persons who are prohibited from owning 
firearms.
  Pursuant to the Privacy Act of 1974, on June 4, 1998, the United 
States Department of Justice published in the Federal Register a notice 
of its intention to establish a new system of records with respect to 
NICS to be maintained by the Federal Bureau of Investigation.
  I am particularly concerned about the statement in the Justice 
Department's June 4 notice that states that ``[i]n cases where the NICS 
background check does not locate a disqualifying record, information 
about the individual will only be retained temporarily for audit 
purposes and will be destroyed after eighteen months.''
  It seems to me, Mr. President, that there is no reason whatever why 
the

[[Page S6633]]

FBI would need to retain private information on a law-abiding citizen 
for any time at all, let alone for eighteen months, after that person 
has been determined not to be someone who is prohibited by law from 
owning a firearm. Any legitimate ``audit purposes'' could certainly be 
addressed without retaining such private information on file at the 
FBI.
  Mr. President, later this year the Senate will be considering the 
Fiscal Year 1998 appropriations bill for the Commerce, Justice, and 
State Departments, the Judiciary, and related agencies. It is my 
intention to introduce an amendment to that bill as soon as it is 
reported to the Senate by the Committee on Appropriations. The text of 
my amendment will be as follows:
  ``None of the funds appropriated pursuant to this Act or any other 
provision of law may be used for (1) any system to implement 18 U.S.C. 
922(t) that does not require and result in the immediate destruction of 
all information, in any form whatsoever, submitted by or on behalf of 
any person who has been determined not to be prohibited from owning a 
firearm; (2) the implementation of any tax or fee in connection with 
the implementation of 18 U.S.C. 922(t); provided, that any person 
aggrieved by a violation of this provision may bring an action in the 
federal district court for the district in which the person resides; 
provided, further, that any person who is successful with respect to 
any such action shall receive damages, punitive damages, and such other 
remedies as the court may determine to be appropriate, including a 
reasonable attorney's fee.''
  I am taking the unusual step of notifying the Senate of my intention 
to offer this amendment in the hope that the Committee on 
Appropriations will consider including my proposed language in the 
Commerce, Justice, State, and the Judiciary appropriations bill when it 
is reported to the Senate.

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