[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2820 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2820

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 1, 2009

  Mr. Lautenberg (for himself, Mr. Schumer, Mr. Levin, Mr. Reed, Mrs. 
Feinstein, and Mr. Whitehouse) 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 2009'' or the ``PROTECT Act of 2009''.

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 Amendment.--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 division B of Public Law 110-161 (121 
        Stat. 1926) is amended by striking paragraph (2).
            (5) Section 511 of division B of Public Law 111-8 (123 
        Stat. 596) is amended by striking paragraph (2).
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