[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.
____________________