S. 2935

PROTECT Act of 2008

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II

110th CONGRESS

2d Session

S. 2935

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.

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.

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).

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).