[Congressional Record Volume 149, Number 167 (Tuesday, November 18, 2003)]
[Senate]
[Pages S15066-S15067]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LAUTENBERG (for himself, Mr. Schumer, Mrs. Feinstein, Mr. 
        Corzine, Mr. Reed, and Mrs. Clinton):
  S. 1882. A bill to require that certain notifications occur whenever 
a query to the National Instant Criminal Background Check System 
reveals that a person listed in the Violent Gang and Terrorist 
Organization File is attempting to purchase a firearm, and for other 
purposes; to the Committee on the Judiciary.
  Mr. LAUTENBERG. Mr. President, I rise to introduce some legislation I 
consider an emergency because it overrides a misguided policy that 
threatens our homeland security and exposes our Nation to more 
vulnerable terrorist attacks.
  The legislation I am introducing today is called the Terrorist 
Apprehension Act, and it is cosponsored by Senators Schumer, Feinstein, 
Corzine, and Reed of Rhode Island.
  This bill directs the administration to do all it can to apprehend 
potential terrorists within our borders. Sometimes they do things that 
defy common sense and are simply hard to believe. This is one of the 
most outrageous disclosures yet.
  We have found out if someone on a terrorist watch list--someone who 
is a potential threat to communities across the country--goes ahead, 
buys a weapon, applies for a permit to buy a gun, and that information 
is logged into the gun background check system, the Attorney General 
has ordered the gun background check system not alert or even be 
allowed to share critical information with law enforcement concerning 
the whereabouts of the terrorist--not to give it to the FBI or the ATF 
or any of the law enforcement agencies.
  I have to say, this is a mind-boggling policy. We could have a 
nationwide lookout for a known terrorist within our borders, but if he 
obtained a weapon, got a permit approved, the Justice Department's 
current policy is to refuse to reveal any data that might be available 
for law enforcement officials.
  It works this way: The subject is on a terrorist watch list. This is 
a formal thing. The person who is listed on a terrorist watch list--
look out, this guy is bad news, and we do not want him to roam 
freely. He can go ahead and buy a gun under the rapid response network 
for a gun permit. The background check is done. Then it goes into a 
crime database, including the terrorist watch list. The FBI terrorist 
task force cannot get the information by virtue of this policy because 
by directive, the Attorney General has said this information should be 
protected. To me, the protection our citizens need overrides that of 
these people who are unwelcome to begin with. But nevertheless, once 
they are on the terrorist watch list, we don't want to give them a lot 
of courtesy, especially to buy a weapon.

  In combatting terrorism, Attorney General Ashcroft has shown little 
concern for core civil rights. That all changes when it comes to gun 
rights. The Attorney General seems more interested in protecting the 
rights of terrorists to obtain guns than the protection of our 
citizens.
  I know many gun support groups have said: Listen, the terrorists 
wouldn't buy a firearm on the legal market anyway. But evidence points 
to something otherwise.

[[Page S15067]]

  An investigation by my staff revealed that since September 11, in 
somewhere between 13 instances and possibly as many as 21 times--and 
the reason for the disparity is the information comes from two 
different places, but it is at least 13 times and possibly as many as 
21--a person on the terrorist watch list has attempted to or 
successfully purchased firearms. Imagine. The madness is that the 
person gets the firearm and the information is cut off here instead of 
being available to the FBI and other law enforcement people.
  In addition, the terrorists know that our gun laws are weak. Found in 
the ruins of a terrorist training camp that was destroyed by U.S. 
missiles in Kabul, Afghanistan was a book called ``How Can I Train 
Myself For Jihad.'' The book discusses the ease with which weapons can 
be purchased in the United States in order to engage in terrorism.
  The guns that terrorists have access to in our country can be 
devastating, such as the 50-caliber assault weapon which would take 
down a helicopter, as we may have seen. This is according to the 
Congressional Research Service. That weapon can penetrate 6 inches of 
steel plating and has a range of a mile. One has to ask: Why is it 
available at all on the civilian market?
  On this issue of terrorist access to weapons, it is peculiar, at 
least, to know that Attorney General Ashcroft's position is at odds 
with the Department of Homeland Security. During his confirmation 
earlier this year, Secretary Tom Ridge acknowledged to me in a question 
publicly that the link between access to guns and terrorism is a 
dangerous one.
  Under oath at another hearing, the general counsel of the Department 
of Homeland Security told me it was his belief that someone on the 
terrorist watch list should not even be permitted to purchase guns.
  Not only does the Attorney General think it is OK to allow these guns 
to be purchased by terrorists, but he thinks it should be done 
secretly, without law enforcement's knowledge. That has to change. We 
hope the Attorney General will reverse course immediately. 
Unfortunately, I doubt he even comprehends the anomaly this generates.
  This is why it is critical that the Senate pass this emergency 
legislation before we leave for the year. If we don't, we will put our 
constituents at risk unnecessarily. My legislation is simple and to the 
point. It says, if a terrorist buys a gun, law enforcement must be 
notified right away. We would like to prevent them from getting the 
gun, but the law, as it is for now, is the FBI, the local police, and 
the regional terrorist task force must be told the time and the place 
of purchase.
  I introduce this bill today and hope that we can pass it as soon as 
possible.
                                 ______