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

March 10, 2005

Mr. CONYERS (for himself and Mr. SHAYS) introduced the following bill; which was referred to the Committee on the Judiciary

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--

`(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'.

END