[Congressional Record Volume 156, Number 72 (Thursday, May 13, 2010)]
[Senate]
[Pages S3762-S3763]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      LAW ENFORCEMENT OFFICERS SAFETY ACT IMPROVEMENTS ACT OF 2010

  Mr. DODD. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 315, S. 1132.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 1132) 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.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on the Judiciary, with an 
amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Law Enforcement Officers 
     Safety Act Improvements Act of 2010''.

     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--
       (1) in subsection (c)(3), by inserting ``which could result 
     in suspension or loss of police powers'' after ``agency''; 
     and
       (2) by adding at the end the following:
       ``(f) For the purposes of this section, a law enforcement 
     officer of the Amtrak Police Department, a law enforcement 
     officer of the Federal Reserve, 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, either a law 
     enforcement agency within the State in which the individual 
     resides or the standards

[[Page S3763]]

     used by a certified firearms instructor that is qualified to 
     conduct a firearms qualification test for active duty 
     officers within that State;''; 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, service as a law 
     enforcement officer of the Federal Reserve, or service as a 
     law enforcement or police officer of the executive branch of 
     the Federal Government.''.

  Mr. LEAHY. Mr. President, I thank all Senators for joining me in 
support of the Law Enforcement Officers Safety Act Improvements Act of 
2010. Passage of this legislation demonstrates the Senate's strong 
bipartisan support of all the men and women who serve in law 
enforcement roles in the United States. I thank the Judiciary 
Committee's Ranking Member Senator Sessions, Senator Kyl, and Senator 
Conrad for joining me as cosponsors of this legislation.
  In March, for the third time since 2007, the Senate Judiciary 
Committee favorably reported legislation making needed improvements to 
the Law Enforcement Officers Safety Act of 2004, which allows qualified 
active and retired law enforcement officers to obtain certification to 
carry firearms across State lines. I am very pleased the Senate has at 
last given its approval to these important improvements to the original 
law.
  In 2004, Congress passed the Law Enforcement Officers Safety Act. I 
worked with Senator Ben Nighthorse Campbell and 68 other Senators to 
show our strong support for the Nation's law enforcement community. 
Since enactment, however, many retired officers have experienced 
substantial difficulty in gaining the benefits the law was intended to 
confer. I listened carefully to the feedback and advice from those in 
the law enforcement community to make the existing law stronger and 
more workable in a responsible and measured way. I especially thank the 
Fraternal Order of Police, the Federal Law Enforcement Officers 
Association, and the National Association of Police Organizations for 
their strong support.
  The amendments we pass today will make the original law's operation 
more efficient while maintaining the rigorous standards that apply to 
those who seek its benefits. It will ensure that law enforcement 
officers who have served honorably and who are now retired will have 
flexibility in achieving the law's benefits and privileges which 
Congress determined they deserve.
  It is especially appropriate that we pass this legislation this week 
at a time when tens of thousands of law enforcement officers are in the 
Nation's Capital to honor and remember their fellow officers who have 
lost their lives in the line of duty. As I do each year, and in 
recognition of the ceremonies in Washington, I introduced a resolution 
to officially recognize May 15 as National Peace Officers Memorial Day. 
The Senate unanimously adopted that resolution. All of the men and 
women who serve and who are in Washington to remember and celebrate 
their fallen fellow officers should know that the Senate recognizes the 
extraordinary work they do on behalf of all Americans.
  I thank all Senators who supported this measure and express my deep 
appreciation for the sacrifices and service of all of the men and women 
who give so much in the service of their fellow citizens.
  Mr. DODD. Mr. President, I ask unanimous consent that the committee-
reported substitute amendment be agreed to, the bill, as amended, be 
read a third time and passed, the motions to reconsider be laid upon 
the table, with no intervening action or debate, and that any 
statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 1132), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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