[Congressional Record Volume 148, Number 104 (Friday, July 26, 2002)]
[Senate]
[Page S7422]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            FURTHER EVIDENCE THAT ONE DAY IS NOT ENOUGH TIME

  Mr. LEVIN. Mr. President, yesterday a report was released by the 
General Accounting Office, Gun Control: Potential Effects of Next-Day 
Destruction of NICS Background Check Records. The report provides 
evidence that one day is simply not enough time for law enforcement 
agencies to complete thorough and accurate analysis of purchase 
records. Under current National Instant Criminal Background Check 
System regulations, records of allowed firearms sales can be retained 
for up to 90 days, after which the records must be destroyed. On July 
6, 2001, the Department of Justice published proposed changes to the 
NICS regulations that would reduce the maximum retention period from 90 
days to only one day.
  Yesterday's GAO report found that during the first 6 months in which 
the 90-day retention policy was in effect, the Federal Bureau of 
Investigation used the records to launch 235 firearm-retrieval actions, 
an investigation and coordinated attempt to retrieve a firearm with 
state or local law enforcement assistance. Of the 235 firearm-retrieval 
actions, 228 or 97 percent could have not been initiated under the one-
day record destruction policy. An additional 179 firearm-retrieval 
actions could have been initiated under the 90-day record retention 
policy, according to records, but the firearm had not yet been 
transferred to the buyer. The one-day destruction policy, according to 
the report, would make it difficult for the FBI to assist law 
enforcement agencies in gun-related investigations, and ultimately, 
compromise public safety. Internal Department of Justice memos further 
indicate that the FBI's 90-day retention policy is within the scope of 
the Brady Law.
  The retention of NICS Background Check Records for a 90-day period of 
time is critical, and I am greatly concerned by the Attorney General's 
action. I support the ``Use NICS in Terrorist Investigations Act'' 
introduced by Senators Kennedy and Schumer. This legislation would 
simply codify the 90-day period for law enforcement to retain and 
review NICS data. The GAO report provides further evidence that the 
Schumer-Kennedy bill is good policy. I urge my colleagues to support 
this common sense piece of gun-safety legislation.

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