[Congressional Record (Bound Edition), Volume 151 (2005), Part 4]
[Senate]
[Page 5522]
[From the U.S. Government Publishing Office, www.gpo.gov]




              TERRORIST APPREHENSION RECORD BETENTION ACT

  Mr. LEVIN. Mr. President, I am pleased to join Senator Lautenberg in 
introducing the Terrorist Apprehension Record Retention Act. I 
cosponsored the Terrorist Apprehension Record Retention Act because I 
believe it is commonsense legislation which will strengthen our 
homeland security.
  According to the Brady Handgun Violence Prevention Act, anyone 
seeking to purchase or obtain a permit to possess, acquire, or carry 
firearms must undergo a background check through the National Instant 
Criminal Background Check System, or NICS. This process requires the 
applicant to provide a variety of personal information including name, 
date of birth, current residence, and country of citizenship which is 
then compared with data in the NICS system to determine whether the 
person is prohibited by law from receiving or possessing firearms. 
Disqualifying criteria include felony convictions and fugitive or 
illegal alien status. If no disqualifying information is found within 3 
business days, the transaction is allowed to continue.
  As part of the background check, applicants are also checked against 
known terrorist watch lists. However, under current law, membership in 
a known terrorist organization does not automatically disqualify an 
applicant from receiving or possessing a firearm. In cases where a 
positive match is made, Federal authorities search for other 
disqualifying information. If no disqualifying information can be found 
within 3 business days, the transaction is permitted to continue. In 
addition, all records pertaining to a positive match of an applicant to 
a terrorist watch list must, under current law, be destroyed within 24 
hours if no disqualifying information is found.
  A report released by the General Accountability Office on March 8, 
2005, found that from February 3, 2004, through June 30, 2004, a total 
of 44 firearm purchase attempts were made by individuals designated as 
known or suspected terrorists by the Federal Government. In 35 cases, 
the transactions were authorized to proceed because Federal authorities 
were unable to find any disqualifying information.
  Federal Bureau of Investigation counterterrorism officials stated 
``receiving all available personal identifying information and other 
details from terrorism-related NICS transactions could be useful in 
conducting investigations.'' Currently, counterterrorism officials do 
not have access to the majority of these records because they are 
destroyed within 24 hours of the transaction in the absence of 
disqualifying information.
  The Terrorist Apprehension Record Retention Act addresses this issue 
by requiring that in cases where an NICS background check turns up a 
valid match to a terrorist watch list, all records pertaining to the 
transaction be retained for 10 years. In addition, the bill requires 
that all NICS information be shared with appropriate Federal and State 
counterterrorism officials anytime an individual on a terrorist watch 
list attempts to buy a firearm. Learning about a suspected terrorist's 
purchase of a firearm could potentially be critical to counterterrorism 
investigators working to prevent a terrorist attack.
  This bill takes a commonsense approach to assisting Federal 
authorities in monitoring and apprehending suspected terrorists without 
compromising the privacy rights of law-abiding citizens. I am hopeful 
that the Congress will take up and pass this legislation to give 
Federal and State counterterrorism officials the information they need 
to help keep our families and communities safe.

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