[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2935 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2935

 To prevent the destruction of terrorist and criminal national instant 
               criminal background check system records.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 29, 2008

 Mr. Lautenberg (for himself, Mr. Menendez, Mrs. Feinstein, Mr. Levin, 
 Mr. Lieberman, Mr. Whitehouse, Mr. Reed, and Mr. Schumer) introduced 
the following bill; which was read twice and referred to the Committee 
                            on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To prevent the destruction of terrorist and criminal national instant 
               criminal background check system records.

    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 ``Preserving Records of Terrorist & 
Criminal Transactions Act of 2008'' or the ``PROTECT Act of 2008''.

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), 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.--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)''.

SEC. 3. RETENTION OF RECORDS.

    (a) 180 Days.--Section 922(t)(2)(C) of title 18, United States 
Code, is amended by inserting before ``destroy'' the following: ``not 
less than 180 days after the transfer is allowed,''.
    (b) Repeals.--
            (1) Section 617(a) of Public Law 108-199 (118 Stat. 95) is 
        amended by striking paragraph (2).
            (2) Section 615 of Public Law 108-447 (118 Stat. 2915) is 
        amended by striking paragraph (2).
            (3) Section 611 of Public Law 109-108 (119 Stat. 2336) is 
        amended by striking paragraph (2).
            (4) Section 512 of Public Law 110-161 (Division B) is 
        amended by striking paragraph (2).
                                 <all>