[Congressional Record Volume 155, Number 176 (Tuesday, December 1, 2009)]
[Senate]
[Page S12068]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       ELIMINATING THE TERROR GAP

  Mr. LEVIN. Mr. President, in the aftermath of the shootings at Fort 
Hood, TX, law enforcement officials and policymakers continue to piece 
together the string of events that preceded this tragedy. Although 
investigations of the shootings are in the early stages, a number of 
troubling details have already come to light. In December 2008, Major 
Hasan became the subject of a Joint Terrorism Task Force, JTTF, 
investigation after intelligence agencies intercepted his e-mail 
communication with a known radical cleric, Anwar al-Awlaki. After 
reviewing the e-mails and concluding that Major Hasan was not engaged 
in terrorist activities, the JTTF investigator and supervisor did not 
share the information regarding Major Hasan, and he was not placed on a 
terrorist watch list. While the lack of information sharing between the 
JTTF and other agencies is problematic, it is just as alarming to see 
that the Federal Government would have been unable to prohibit Major 
Hasan's firearm purchase even if he had been flagged on a terrorist 
watch list. Again, even if a gun background check had revealed that 
Major Hasan was on a terrorist watch list, nothing in current law could 
have prohibited the firearm transfer unless he fell into another 
disqualifying category. In other words, being on a terrorist watch list 
does not prevent someone from purchasing a gun.
  This ``terror gap'' in Federal law that prevents the Federal 
Government from stopping the sale of firearms or explosives to a known 
or suspected terrorist must be eliminated. To close this loophole, I 
support S.1317, the Denying Firearms and Explosives to Dangerous 
Terrorists Act, which was introduced by Senator Frank Lautenberg, D-NJ. 
I am a cosponsor of this common-sense legislation because it would 
authorize the Attorney General to deny the transfer of a firearm when 
an FBI background check reveals that the prospective purchaser is a 
known or suspected terrorist and the Attorney General has a reasonable 
belief that the purchaser may use the firearm in connection with 
terrorism. To protect the rights of American citizens, this bill would 
direct the Attorney General to issue guidelines describing when the 
authority to deny gun purchases could be used, and it would protect the 
private information contained in the terrorist watch lists. This 
legislation also includes due-process safeguards that would allow any 
individual whose firearms or explosives license application has been 
denied to bring legal action to challenge the denial.
  I have long supported sensible gun safety laws and strict enforcement 
of those laws to help stem the tide of crimes committed with firearms. 
I believe Congress can and should pursue legislative solutions to 
prevent gun violence, and that includes passing legislation that 
eliminates the ``terror gap.''

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