[Congressional Record Volume 155, Number 79 (Thursday, May 21, 2009)]
[Senate]
[Pages S5834-S5836]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY:
  S. 1132. 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 Ben Nighthorse Campbell 
and I, along with 68 other Senators, introduced a bill to allow 
qualified retired or current law enforcement officers to carry a 
concealed firearm across State lines. The Senate passed our bill by 
unanimous consent, and it was signed into law in July 2004. Passage of 
the Law Enforcement Officers Safety Act indicated strong confidence in 
the men and women who serve to protect their communities and their 
Nation as the first line of defense in any emergency.

[[Page S5835]]

  Introduction of this legislation to benefit active and retired law 
enforcement officers across the country is especially timely as the 
Congress and the country have just recognized National Peace Officers 
Memorial Day. I am proud to introduce this legislation today and thank 
Senator Kyl for joining me as a cosponsor.
  This year, the Senate Judiciary Committee has turned its attention to 
State and local law enforcement. It has held hearings about the 
importance of Federal funding at the local level, and how strong 
community policing and positive community relationships are fundamental 
to a prosperous economy. I agree, and appreciated having the 
perspective at recent Judiciary Committee hearings of the State and 
local officials like Chief Michael Schirling and Lieutenant Kris 
Carlson from the Burlington, Vermont, Police Department. I hope the 
Senate will continue its strong support of our law enforcement officers 
with support for this legislation.
  In 2007, the Senate Judiciary Committee twice reported the 
legislation I introduce today--once as a stand-alone bill and again as 
part of the School Safety and Law Enforcement Improvements Act. I hope 
the Senate will act in the interest of so many law enforcement officers 
across the United States by improving and building upon the current 
law.
  Since enactment of the Law Enforcement Officers Safety Act, I have 
heard feedback from many in law enforcement that qualified retired 
officers have been subject to varying 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 under the law.
  With the input of the law enforcement community, this bill proposes 
modest amendments to the current law, and will give retired officers 
more flexibility in obtaining certification. It also 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 a law 
enforcement agency in the State.
  In addition to these changes, the bill makes clear that Amtrak 
officers, along with law enforcement officers of the Executive branch 
of the Federal Government, are covered by the law. The bill also 
reduces the years of service required for a retired officer to qualify 
under the law from 15 to 10. The bill now contains clearer standards to 
address mental health issues related to eligibility for officers who 
separate from service or retire. These are positive changes to the 
current law, and the requirements for eligibility would continue to 
require a significant term of service for a retired officer to qualify, 
a demonstrated commitment to law enforcement, and retirement in good 
standing.
  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 are off-duty or retire. As a former 
prosecutor, I have great confidence in those who serve in law 
enforcement and their ability to exercise their privileges under this 
legislation safely and responsibly. The responsibilities they shoulder 
day to day on the job deserve our recognition and respect.
  I hope all Senators will join us in support of this legislation.
  Mr. President, I ask 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. 1132

       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 Improvements Act of 2009''.

     SEC. 2.

       (a) In General.--Section 926B of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(f) For the 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) Active Law Enforcement Officers.--Section 926B of title 
     18, United States Code is amended by striking subsection (e) 
     and inserting the following:
       ``(e) As used in this section, the term `firearm'--
       ``(1) except as provided in this subsection, has the same 
     meaning as in section 921 of this title;
       ``(2) includes ammunition not expressly prohibited by 
     Federal law or subject to the provisions of the National 
     Firearms Act; and
       ``(3) does not include--
       ``(A) any machinegun (as defined in section 5845 of the 
     National Firearms Act);
       ``(B) any firearm silencer (as defined in section 921 of 
     this title); and
       ``(C) any destructive device (as defined in section 921 of 
     this title).''.
       (c) Retired Law Enforcement Officers.--Section 926C of 
     title 18, United States Code is amended--
       (1) in subsection (c)--
       (A) in paragraph (1)--
       (i) by striking ``retired'' and inserting ``separated from 
     service''; and
       (ii) by striking ``, other than for reasons of mental 
     instability'';
       (B) in paragraph (2), by striking ``retirement'' and 
     inserting ``separation'';
       (C) in paragraph (3)--
       (i) in subparagraph (A), by striking ``retirement, was 
     regularly employed as a law enforcement officer for an 
     aggregate of 15 years or more'' and inserting ``separation, 
     served as a law enforcement officer for an aggregate of 10 
     years or more''; and
       (ii) in subparagraph (B), by striking ``retired'' and 
     inserting ``separated'';
       (D) by striking paragraph (4) 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 determined by the former agency of the 
     individual, the State in which the individual resides or, if 
     the State has not established such standards, a law 
     enforcement agency within the State in which the individual 
     resides;''; and
       (E) by striking paragraph (5) and replacing it with the 
     following:
       ``(5)(A) has not been officially found by a qualified 
     medical professional employed by the agency to be unqualified 
     for reasons relating to mental health and as a result of this 
     finding will not be issued the photographic identification as 
     described in subsection (d)(1); or
       ``(B) has not entered into an agreement with the agency 
     from which the individual is separating from service in which 
     that individual acknowledges he or she is not qualified under 
     this section for reasons relating to mental health and for 
     those reasons will not receive or accept the photographic 
     identification as described in subsection (d)(1);'';
       (2) in subsection (d)--
       (A) paragraph (1)--
       (i) by striking ``retired'' and inserting ``separated''; 
     and
       (ii) by striking ``to meet the standards'' and all that 
     follows through ``concealed firearm'' 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'';
       (B) paragraph (2)--
       (i) in subparagraph (A), by striking ``retired'' and 
     inserting ``separated''; and
       (ii) in subparagraph (B), by striking ``that indicates'' 
     and all that follows through the period and inserting ``or by 
     a certified firearms instructor that is qualified to conduct 
     a firearms qualification test for active duty officers within 
     that State that indicates that the individual has, not less 
     than 1 year before the date the individual is carrying the 
     concealed firearm, been tested or 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

       (3) by striking subsection (e) and inserting the following:
       ``(e) As used in this section--
       ``(1) the term `firearm'--
       ``(A) except as provided in this paragraph, has the same 
     meaning as in section 921 of this title;
       ``(B) includes ammunition not expressly prohibited by 
     Federal law or subject to the provisions of the National 
     Firearms Act; and
       ``(C) does not include--
       ``(i) any machinegun (as defined in section 5845 of the 
     National Firearms Act);
       ``(ii) any firearm silencer (as defined in section 921 of 
     this title); and
       ``(iii) any destructive device (as defined in section 921 
     of this title); and
       ``(2) 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.''.

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