PROTECT Act of 2009

Mr. President, in May 2010, the Senate Homeland Security and Governmental Affairs Committee held a hearing on how known or suspected terrorists are taking advantage of lax Federal laws to purchase firearms. The committee discussed two legislative proposals, both of which I have cosponsored, to address this weakness in current law: the Denying Firearms and Explosives to Dangerous Terrorists Act, S. 1317, and the PROTECT Act, S. 2820. S. 1317 would close the loophole in current law--known as the terror gap--that prevents the Federal Government from stopping the sale of firearms or explosives to a known or suspected terrorist--unless that individual falls under another disqualifying category. S.2820 would lengthen the time--from the current duration of 90 days to 10-years the FBI is required to keep gun transfer records that involve a purchaser on the terrorist watch list. Unfortunately, despite broad support from the law enforcement community, Congress has failed to pass these commonsense pieces of legislation.

On September 22, 2010, the Senate Homeland Security and Governmental Affairs Committee held a hearing entitled ``Nine Years After 9/11: Confronting the Terrorist Threat to the Homeland.'' At this hearing, I questioned FBI Director Robert Mueller about the FBI's efforts to prevent individuals on the terrorist watch list from acquiring firearms and explosives. In regard to S. 1317, I asked Director Mueller if he had an opinion as to whether or not persons on the terrorist watch list should be able to buy guns and explosives. I was pleased to hear Director Mueller's response that ``all of us would want to keep weapons out of the hands of terrorists and/or persons on the terrorist watch list.'' This response echoes the support given at a November 2009 Senate Judiciary Committee hearing by Attorney General Eric Holder, the Nation's top law enforcement official, for legislation to close the terror gap.

In regard to S. 2820, I asked Director Mueller whether he would like to be able to keep firearm transfer records for longer than 90 days for persons on the terrorist watch list. Again, I was glad to hear that Director Mueller favors a longer period of record retention across the board, including for those persons who are on the terrorist watch list. According to Director Mueller, ``retention of records gives us an ability to go back, when we identify some person, and determine whether or not there's additional information we would have in those records that would enable us to conduct a more efficient investigation.''

At this hearing, Director Mueller added his voice to the chorus of support from so many law enforcement professionals for legislative solutions that address the deficiencies in current law. Closing the terror gap and increasing the duration of firearm record retention are two ways to give the law enforcement community the necessary tools to keep guns and explosives out of the hands of known and suspected terrorists. Congress should listen to the brave men and women charged with protecting the American public and, without further delay, pass these commonsense solutions.