[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 578 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 578

To better manage the national instant criminal background check system 
                         and terrorism matches.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 9, 2005

 Mr. Lautenberg (for himself, Mr. Corzine, Mr. Schumer, Mrs. Clinton, 
Mrs. Feinstein, Ms. Mikulski, Mr. Reed, and Mr. Kennedy) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
To better manage the national instant criminal background check system 
                         and terrorism matches.

    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 ``Terrorist Apprehension and Record 
Retention Act of 2005'' or the ``TARR Act of 2005''.

SEC. 2. IDENTIFICATION OF TERRORISTS.

    (a) In General.--Section 922(t) of title 18, United States Code, is 
amended by inserting after paragraph (6) the following:
            ``(7) If the national criminal background check system 
        indicates that a person attempting to purchase a firearm or 
        applying for a State permit to possess, acquire, or carry a 
        firearm is identified as a known or suspected member of a 
        terrorist organization in records maintained by the Department 
        of Justice or the Department of Homeland Security, including 
        the Violent Gang and Terrorist Organization File, or records 
        maintained by the Intelligence Community, including records 
        maintained under section 343 of the Intelligence Authorization 
        Act for Fiscal Year 2003 (50 U.S.C. 404n-2)--
                    ``(A) all information related to the prospective 
                transaction shall automatically and immediately be 
                transmitted to the appropriate Federal and State 
                counterterrorism officials, including the Federal 
                Bureau of Investigation;
                    ``(B) the Federal Bureau of Investigation shall 
                coordinate the response to such an event; and
                    ``(C) all records generated in the course of the 
                check of the national criminal background check system, 
                including the ATF Form 4473, that are obtained by 
                Federal and State officials shall be retained for a 
                minimum of 10 years.''.
    (b) Conforming Amendments.--
            (1) Title 18.--Section 922(t)(2)(C) of title 18, United 
        States Code, is amended by inserting after ``transfer'' the 
        following: ``, except as provided in paragraph (7)''.
            (2) Other law.--Section 617(a)(2) of the Departments of 
        Commerce, Justice, and State, the Judiciary, and Related 
        Agencies Appropriations Act, 2004 (118 Stat. 95) is amended by 
        inserting after ``or State Law'' the following: ``, except for 
        information required to be maintained by section 922(t)(7) of 
        title 18, United States Code''.
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