[Congressional Record Volume 153, Number 14 (Wednesday, January 24, 2007)]
[Senate]
[Pages S1061-S1062]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself, Mr. Specter, Mr. Kyl, and Mr. Cornyn):
  S. 376. A bill to amend title 18, United States Code, to improve the 
provisions relating to the carrying of concealed weapons by law 
enforcement officers, and for other purposes; to the Committee on the 
Judiciary.
  Mr. LEAHY. Mr. President, in 2003, Senator Campbell and I, joined by 
68 other Senators, introduced a bill that allowed a qualified retired 
or current law enforcement officer to carry a concealed firearm across 
State lines. The Senate passed our bill by unanimous consent, which was 
signed into law in July 2004. Passage of the Law Enforcement Safety 
Officers Act was a resounding vote of confidence in the men and women 
who serve their communities as protectors of the peace, and their 
Nation as the first line of defense in any emergency.
  But since enactment of the Law Enforcement Officers Safety Act, it 
has become clear that qualified retired officers have been subject to 
varying and complex certification procedures from State to State. In 
many cases, differing interpretations have complicated the 
implementation of the law, and retired officers have experienced 
significant frustration in getting certified to lawfully carry a 
firearm.
  With the input of the law enforcement community, this bill proposes 
modest amendments to streamline the current law, which will give 
retired officers more flexibility in obtaining certification, and 
provides room for the variability in certification standards among the 
several States. For example, where a State has not set active duty 
standards, the retired officer can be certified pursuant to the 
standards set by any law enforcement agency in the State.
  In addition to these adjustments, the bill also makes clear that 
Amtrak officers, along with officers of the Executive branch of the 
Federal Government, are covered by the law. The bill also reduces from 
15 to 10 the years of service required for a retired officer to qualify 
under the law. Though these changes broaden the reach of the law, the 
requirements for eligibility still involve a significant term of 
service for a retired officer to qualify, and a demonstrated commitment 
to law enforcement.
  This bill makes sensible improvements to existing law by providing 
the flexibility needed to permit qualified retired law enforcement 
officers to carry concealed firearms in a legal and responsible manner.
  With the enactment of the Law Enforcement Officers Safety Act, 
Congress and the President also recognized that law enforcement 
officers are never ``off-duty.'' The dedicated public servants who are 
trained to uphold the law and keep the peace deserve our support not 
just in their professional lives, but also when they go off-duty or 
into retirement. Convicted criminals often have long and exacting 
memories, and to the extent we can, we must aid these public servants 
with the tools they need to keep themselves and their families safe. 
Because one thing we know for sure is that a law enforcement officer is 
a target, whether in uniform or out, and whether active or retired. We 
also act in our own interest when we help law enforcement officers with 
the ability to answer the call of duty wherever they may be. Society's 
trust in the men and women who serve should include the faith that the 
responsibilities we entrust to them do not disappear once State lines 
are crossed.
  In 2004, Congress listened carefully to the concerns of the law 
enforcement community and responded appropriately. Let us do so again 
with these sensible improvements.
  I ask for unanimous consent that the text of the bill be printed in 
the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 376

       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 ``Law Enforcement Officers 
     Safety Act of 2007''.

     SEC. 2. AMENDMENTS TO LAW ENFORCEMENT OFFICER SAFETY 
                   PROVISIONS OF TITLE 18.

       (a) In General.--Section 926B of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(f) For purposes of this section, a law enforcement 
     officer of the Amtrak Police Department or a law enforcement 
     or police officer of the executive branch of the Federal 
     Government qualifies as an employee of a governmental agency 
     who is authorized by law to engage in or supervise the 
     prevention, detection, investigation, or prosecution of, or 
     the incarceration of any person for, any violation of law, 
     and has statutory powers of arrest.''.
       (b) Retired Law Enforcement Officers.--Section 926C of 
     title 18, United States Code, is amended--
       (1) in subsection (c)--
       (A) in paragraph (3)(A), by striking ``was regularly 
     employed as a law enforcement officer for an aggregate of 15 
     years or more'' and inserting ``served as a law enforcement 
     officer for an aggregate of 10 years or more'';
       (B) by striking paragraphs (4) and (5) and inserting the 
     following:
       ``(4) during the most recent 12-month period, has met, at 
     the expense of the individual, the standards for 
     qualification in firearms training for active law enforcement 
     officers as set by the officer's former agency, the State in 
     which the officer resides or a law enforcement agency within 
     the State in which the officer resides;''; and
       (C) by redesignating paragraphs (6) and (7) as paragraphs 
     (5) and (6), respectively;
       (2) in subsection (d)--
       (A) in paragraph (1), by striking ``to meet the standards 
     established by the agency for training and qualification for 
     active law enforcement officers to carry a firearm of the 
     same type as the concealed firearm; or'' and inserting ``to 
     meet the active duty standards for qualification in firearms 
     training as established by the agency to carry a firearm of 
     the same type as the concealed firearm or''; and
       (B) in paragraph (2)(B), by striking ``otherwise found by 
     the State to meet the standards established by the State for 
     training and qualification for active law enforcement 
     officers to carry a firearm of the same type as the concealed 
     firearm.'' and inserting ``otherwise found by the State or a 
     certified firearms instructor that is qualified to conduct a 
     firearms qualification test for active duty officers within 
     that State to have met--
       ``(i) the active duty standards for qualification in 
     firearms training as established by the State to carry a 
     firearm of the same type as the concealed firearm; or
       ``(ii) if the State has not established such standards, 
     standards set by any law enforcement agency within that State 
     to carry a firearm of the same type as the concealed 
     firearm.''; and

[[Page S1062]]

       (3) by adding at the end the following:
       ``(f) In this section, the term `service with a public 
     agency as a law enforcement officer' includes service as a 
     law enforcement officer of the Amtrak Police Department or as 
     a law enforcement or police officer of the executive branch 
     of the Federal Government.''.
                                 ______