[Congressional Record (Bound Edition), Volume 156 (2010), Part 12]
[House]
[Pages 17096-17097]
[From the U.S. Government Publishing Office, www.gpo.gov]




                              {time}  2020
      LAW ENFORCEMENT OFFICERS SAFETY ACT IMPROVEMENTS ACT OF 2010

  Mr. BOUCHER. Mr. Speaker, I move to suspend the rules and pass the 
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.
  The Clerk read the title of the bill.
  The text of the bill is 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 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 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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Virginia (Mr. Boucher) and the gentleman from Texas (Mr. Poe) each will 
control 20 minutes.
  The Chair recognizes the gentleman from Virginia.


                             General Leave

  Mr. BOUCHER. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on the legislation now under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  Mr. BOUCHER. Mr. Speaker, I yield myself such time as I may consume.

[[Page 17097]]


  Mr. Speaker, I rise this evening in strong support of the Law 
Enforcement Officers Safety Act Improvements Act of 2010.
  In 2004 the Congress approved the bipartisan Law Enforcement Officer 
Safety Act, which allows qualified retired and current law enforcement 
officers to carry a concealed firearm anywhere in the United States. 
The law requires that retired officers maintain appropriate firearms 
training and be current in that training.
  Since enactment of the law, qualified retired officers have faced 
varying and inconsistent certification procedures from State to State, 
and that complicates their ability to carry a firearm and be properly 
certified to do so.
  The bill that is before the House tonight was introduced in the other 
body by the Judiciary Committee chairman, Senator Leahy, and it was 
introduced here in the House by my Virginia colleague (Mr. Forbes).
  It modernizes the existing law in these very necessary respects. It 
will reduce from 15 to 10 the number of years a law enforcement officer 
must serve to be eligible to carry a firearm as a retiree with full 
privileges under the existing law. The 15-year requirement in current 
law inappropriately excludes many qualified retirees who go into law 
enforcement as a second career, often following their first career in 
the Armed Forces.
  It will give retired officers more flexibility in obtaining 
certification to carry a firearm, while still maintaining rigorous 
standards for retirees who apply for this benefit. Our measure will 
clarify that a retiree can meet the qualifications requirement using 
either the standards of the agency at which the retiree formerly 
served, or those of the State in which the retiree currently resides.
  It will also allow a certified firearms instructor qualified under 
State law to conduct the firearms qualification test for retired law 
enforcement officers.
  It ensures that law enforcement officers of the Amtrak Police 
Department, the Federal Reserve, and the executive branch of the 
Federal Government are authorized to carry firearms under the law. And 
it also eliminates the requirement that retirees have nonforfeitable 
retirement benefits in order to qualify. That requirement unfairly 
excludes retirees from many of the smaller law enforcement agencies 
around the country which do not offer these retirement benefits.
  Allowing the trained active and retired law enforcement officers to 
carry firearms on a nationwide basis enhances public safety by ensuring 
that officers have not only the means to defend themselves, but also 
the means to defend innocent victims from acts of violence. It also 
appropriately honors the men and women who so well protect our 
neighborhoods and protect our communities and our way of life.
  The measure before us this evening was approved unanimously by the 
Senate in July. It is a commonsense, bipartisan measure that will 
ensure that retired law enforcement officers who have served honorably 
will be able to obtain the benefits conferred by the 2004 law. I urge 
approval of the measure.
  Mr. Speaker, I reserve the balance of my time.
  Mr. POE of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, today the House considers S. 1132, the Law Enforcement 
Officers Safety Act Improvements Act of 2010. This bill was introduced 
as the Senate companion to H.R. 3752, a bill of the same name 
introduced by Mr. Forbes of Virginia, a distinguished member of the 
Judiciary Committee.
  S. 1132 makes improvements to the Federal law that authorizes law 
enforcement officers who are currently serving, who are retired, or who 
are separated in good standing to carry a concealed weapon anywhere in 
the country, notwithstanding State or local laws to the contrary.
  This bill reduces the period an officer must serve before gaining 
eligibility to carry firearms as a retiree. Under current law, only 
officers with 15 years of service are ``qualified.''
  This requirement prevents some officers who entered into law 
enforcement as a second career, for example, those that have served 
nobly in our military, from realizing the law's benefits. Today's 
legislation reduces the service requirement from 15 years to 10 years.
  S. 1132 also clarifies firearms training requirements and makes them 
a lot more flexible. This bill enables a retiree to meet the mandatory 
firearms re-qualification standard, either through the agency he or she 
formerly served with, or through the State where he or she currently 
resides.
  Most importantly, this legislation provides additional current and 
retired officers the means to defend themselves and their families from 
the hardened, often vengeful criminals they have previously arrested 
somewhere in this country.
  The legislation is supported by law enforcement associations, 
including the Fraternal Order of Police and the National Rifle 
Association.
  I urge my colleagues to support the bill.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Virginia (Mr. Forbes), a member of the Judiciary Committee who has 
introduced a similar bill in the House.
  Mr. FORBES. Mr. Speaker, like the other two Members, I rise in strong 
support of Senate bill 1132, the Law Enforcement Officers Safety Act 
Improvements Act of 2010. As has been mentioned, the Senate bill is a 
companion to legislation I sponsored in the House.
  S. 1132 improves the current Federal law that authorizes active and 
retired police officers to carry firearms throughout the United States. 
The premise of that law was simple: allowing trained, active-duty, and 
retired law enforcement officers to carry firearms to enhance public 
safety.
  Further, the law provides clear, uniform nationwide rules to replace 
the variety of local laws that create confusion and uncertainty as to 
whether an officer may carry a firearm when he or she is off duty.
  The legislation that the House considers today expands the definition 
of qualified law enforcement officers to include current and retired 
officers of the Amtrak Police Department, the Federal Reserve System, 
and other agencies of the executive branch. S. 1132 further expands the 
categories of law enforcement officers authorized to possess a firearm 
in a school zone to include retired law enforcement officers.
  Mr. Speaker, in a time when homeland security is paramount, this 
authority provides the country with additional trained and armed first 
responders at no additional cost to the taxpayers.
  There is a long history of armed off-duty officers coming to the 
rescue in life threatening situations. This legislation expands the 
areas where these officers can be equipped for the emergencies they are 
trained to respond to.
  In passing this legislation, Congress acknowledges the need for 
retired officers to have the opportunity to protect themselves and 
their families. The oath to serve and protect our communities is not 
nullified when officers retire.
  Mr. Speaker, I urge my colleagues to support this bill.
  Mr. POE of Texas. Mr. Speaker, I yield back the balance of my time.
  Mr. BOUCHER. Mr. Speaker, I urge approval of this measure, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Virginia (Mr. Boucher) that the House suspend the rules 
and pass the bill, S. 1132.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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