[Congressional Record (Bound Edition), Volume 162 (2016), Part 4]
[House]
[Pages 5608-5611]
[From the U.S. Government Publishing Office, www.gpo.gov]




    FEDERAL LAW ENFORCEMENT SELF-DEFENSE AND PROTECTION ACT OF 2015

  Mr. GOODLATTE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2137) to ensure Federal law enforcement officers remain able 
to ensure their own safety, and the safety of their families, during a 
covered furlough.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2137

       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 ``Federal Law Enforcement 
     Self-Defense and Protection Act of 2015''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Too often, Federal law enforcement officers encounter 
     potentially violent criminals, placing officers in danger of 
     grave physical harm.
       (2) In 2012 alone, 1,857 Federal law enforcement officers 
     were assaulted, with 206 sustaining serious injuries.
       (3) From 2008 through 2011, an additional 8,587 Federal law 
     enforcement officers were assaulted.
       (4) Federal law enforcement officers remain a target even 
     when they are off-duty. Over the past 3 years, 27 law 
     enforcement officers have been killed off-duty.
       (5) It is essential that law enforcement officers are able 
     to defend themselves, so they can carry out their critical 
     missions and ensure their own personal safety and the safety 
     of their families whether on-duty or off-duty.
       (6) These dangers to law enforcement officers continue to 
     exist during a covered furlough.

     SEC. 3. DEFINITIONS.

       In this Act--
       (1) the term ``agency'' means each authority of the 
     executive, legislative, or judicial branch of the Government 
     of the United States;
       (2) the term ``covered Federal law enforcement officer'' 
     means any individual who--
       (A) is an employee of an agency;
       (B) has the authority to make arrests or apprehensions for, 
     or prosecute, violations of Federal law; and
       (C) on the day before the date on which the applicable 
     covered furlough begins, is authorized by the agency 
     employing the individual to carry a firearm in the course of 
     official duties;
       (3) the term ``covered furlough'' means a planned event by 
     an agency during which employees are involuntarily furloughed 
     due to downsizing, reduced funding, lack of work, or any 
     budget situation including a lapse in appropriations; and
       (4) the term ``firearm'' has the meaning given that term in 
     section 921 of title 18, United States Code.

     SEC. 4. PROTECTING FEDERAL LAW ENFORCEMENT OFFICERS WHO ARE 
                   SUBJECTED TO A COVERED FURLOUGH.

       During a covered furlough, a covered Federal law 
     enforcement officer shall have the same rights to carry a 
     firearm issued by the Federal Government as if the covered 
     furlough was not in effect, including, if authorized on the 
     day before the date on which the covered furlough begins, the 
     right to carry a concealed firearm, if the sole reason the 
     covered Federal law enforcement officer was placed on leave 
     was due to the covered furlough.

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


                             General Leave

  Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and to include extraneous materials on H.R. 2137, currently 
under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may 
consume.
  As we honor our law enforcement heroes for the annual Police Week, I 
rise in support of H.R. 2137, the Federal Law Enforcement Self-Defense 
and Protection Act of 2015.
  Federal law enforcement officers face potentially dangerous 
situations on a daily basis whether they are on duty or off duty. 
Accordingly, they are permitted to carry their government-issued 
firearms on their persons even when they are not on duty. However, 
during the 2013 government shutdown, at least three Federal agencies 
forbade their law enforcement officers from carrying their government-
issued firearms or credentials during the furlough. This decision 
potentially endangered these officers' lives by putting them at an 
unnecessary risk. Further, it prevented these highly trained officers 
from being able to respond to a critical incident or threat.

[[Page 5609]]

  The Federal Law Enforcement Self-Defense and Protection Act will 
ensure that officers are able to defend and protect themselves on and 
off duty by allowing all covered Federal law enforcement officers to 
continue to carry their government-issued firearms during a furlough or 
a government shutdown. Allowing our highly trained and experienced 
Federal law enforcement officers to carry their firearms during a 
furlough not only ensures their safety and protection, but the safety 
and protection of their families and those around them.
  As we honor our Nation's law enforcement officers this week during 
the annual National Police Week, let's ensure that the brave men and 
women of the Federal law enforcement community have the capability to 
defend themselves and others and to respond to threatening situations 
even in a time of furlough.
  I thank the bill's sponsor, Mr. Collins of Georgia, for his work on 
this important measure, and I urge my colleagues to support this 
bipartisan legislation.
  I reserve the balance of my time.
  Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
  Members of the House, I rise in support of H.R. 2137, the Federal Law 
Enforcement Self-Defense and Protection Act.
  This bill would authorize Federal law enforcement officers to carry 
their government-issued firearms during government shutdowns and 
administrative furloughs that result from lapses in appropriations. 
Essentially, this measure would help ensure that those who protect us 
are able to continue to do so even during an official furlough. The 
ability of our Federal law enforcement officers to respond to critical 
incidents should not be impeded, particularly when violent crimes are 
committed in their presence.
  H.R. 2137 does not expand Federal law enforcement officers' authority 
to carry firearms. The bill merely authorizes these officers to 
continue to carry their federally issued firearms as if a furlough had 
not occurred. This legislation recognizes the very real threat of harm 
that many of our officers face, particularly special agents, on a 
regular basis--a threat that does not simply disappear because of a 
government shutdown.
  In 2012, for example, more than 1,800 Federal law enforcement 
officers were assaulted and, of those, approximately 200 sustained 
serious injuries. Even when off duty, Federal law enforcement officers 
remain the target of assault. For example, between 2011 and 2014, 27 
law enforcement officers were killed while they were off duty.
  Although this legislation only concerns Federal officers, I want to 
take a moment to recognize the State, local, and Federal officers who 
have sacrificed their lives in serving our communities.
  This week, law enforcement officers throughout the United States have 
come to Washington to show their support for our fallen officers during 
National Police Week. In the spirit of National Police Week, it is 
vitally important that our Federal officers are able to protect people 
in our communities, themselves, and their family members from the 
continuing threats they encounter. Given the fact that H.R. 2137 
facilitates this critical goal, I am eager to support this bill.
  I reserve the balance of my time.
  Mr. GOODLATTE. Mr. Speaker, I yield such time as he may consume to 
the gentleman from Georgia (Mr. Collins), a member of the Judiciary 
Committee and the chief sponsor of this legislation.
  Mr. COLLINS of Georgia. Mr. Speaker, I appreciate the opportunity to 
rise today in support of H.R. 2137, the Federal Law Enforcement Self-
Defense and Protection Act.
  I thank Chairman Goodlatte and Ranking Member Conyers for their 
support of this legislation and for their commitment to getting it to 
the floor today. With their support, H.R. 2137 passed the Judiciary 
Committee on a voice vote.
  I also thank my friends, Congresswoman Gabbard from Hawaii, 
Congressman Reichert from Washington, and Congressman Pascrell from New 
Jersey, for joining me in introducing H.R. 2137 and for their strong 
support of this bill.
  Finally, I thank Senator Toomey for introducing the companion 
legislation in the Senate.
  Mr. Speaker, I introduced this legislation to provide better 
protections for law enforcement officers, and I am glad to see that it 
is moving forward. It is particularly fitting that we consider this 
bill this week during National Police Week. Thousands of law 
enforcement officers are here from all over the country to commemorate 
their partners who have fallen in the line of duty and to recognize 
their sacrifices and contributions. I thank them for their service.
  This is also a special week for this Congressman from the Ninth 
Congressional District of Georgia because I am a proud son of a Georgia 
State trooper. I know firsthand how hard they work and of the 
sacrifices they make in their time away from their families. He made 
sure that my brother and I had all of the chances at life that he had. 
I thank him because I know when he was off duty, as I was growing up, 
he was no less concerned about protecting the community. The dangers 
that were associated with his job didn't stop just because he came home 
to us. I think this holds true for all law enforcement officers.
  Our law enforcement officers are highly trained and they are well 
aware of the responsibilities that are associated with their jobs. In 
light of that training and of the dangers faced by officers, Federal 
law enforcement officers are typically allowed to carry their firearms 
24 hours a day, 7 days a week, 365 days a year. It just seems like 
common sense. Federal law enforcement officers don't cease to be 
officers when they are off duty. Crime doesn't stop simply because an 
officer isn't working on a particular day. The Federal Law Enforcement 
Self-Defense and Protection Act recognizes that and takes important 
steps to ensure that law enforcement officers can better protect 
themselves.
  In 2013, during the Federal Government shutdown, at least three 
Federal agencies determined that the Antideficiency Act required them 
to forbid their law enforcement officers from carrying their agency-
issued firearms or their personally owned firearms that were authorized 
by the agency. This interpretation of the law meant that at least 1,800 
officers were disarmed.
  During this time, there were reports confirming that at least one 
disarmed Federal law enforcement officer was attacked while off duty. 
Fortunately, she was able to get away unharmed, but the incident 
highlights the real dangers that officers face even while off duty. In 
fact, in 2012 alone, more than 1,800 Federal officers were assaulted 
with 206 of them having sustained serious injuries. From 2008 to 2011, 
more than 8,500 Federal law enforcement officers were assaulted; and in 
the last 3 years, 27 Federal law enforcement officers have been killed 
while off duty.
  The threats and dangers are real. That is why, at a minimum, we 
should ensure that the policies to protect law enforcement officers are 
clear and consistent. However, there are reports that officers were 
disarmed inconsistently at other agencies. It is clear that the 
policies varied by agency. This level of inconsistency does not make 
sense, just as the policy to disarm officers doesn't make sense.
  H.R. 2137 ensures that it is clear that Federal law enforcement 
officers can carry their weapons in the event of a lapse of 
appropriations or of an administrative furlough. Under the bill, 
officers retain the right to carry their government-issued firearms for 
personal protection or to respond to a critical incident.
  Importantly, this bill does not protect those who are on 
administrative leave or those who have lost the right to carry. It does 
not expand firearms carry authority to law enforcement officers who do 
not currently possess it, but it does ensure that there is a consistent 
policy for those officers who are able to carry and who are furloughed 
through no fault of their own.
  The legislation is narrowly tailored, but it has a large impact. H.R. 
2137 recognizes that Federal officers could be

[[Page 5610]]

confronted by job-related threats whether they are on duty or off. It 
recognizes that officers need to be able to protect themselves, their 
families, and their communities. This bill is a bipartisan agreement 
that protects our law enforcement officers, who put their lives on the 
line to protect us, and it makes sure that it is a priority. This bill 
is supported by the Federal Law Enforcement Officers Association, the 
Fraternal Order of Police, and the National Association of Police 
Organizations.
  H.R. 2137 is a sign of the recognition that we must do everything in 
our power to ensure that law enforcement officers have access to the 
tools they need to protect themselves and the public. Speaking also as 
a State trooper's kid, it reminds me that my dad, for all that he did 
in the 30-plus years that he worked, was on duty when he was not on 
duty. This is simply a recognition that all of our officers carry that 
same trust, and we want to give them the tools to do what they need to 
do.
  Mr. CONYERS. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
Texas (Ms. Jackson Lee), a senior member of the Judiciary Committee.
  Ms. JACKSON LEE. I thank the authors of this legislation, as well as 
the previous speaker, my friend, for his articulation of this bill, and 
I thank all of the Members who are on the floor joining in support of 
H.R. 2137, the Federal Law Enforcement Self-Defense and Protection Act 
of 2015. I thank Mr. Conyers, the ranking member, for yielding to me.
  Mr. Speaker, let me express my recognition and appreciation of the 
thousands of families who will come to honor those police officers who 
have fallen in duty--many of them, their loved ones. We honor law 
enforcement officers who gave their lives in the line of duty. The loss 
of one officer's life is one too many. In considering the myriad of 
dangers our officers face, we must ensure they have the appropriate 
authority to protect our communities and themselves.
  I support this legislation because it will make it clear that the 
brave Federal law enforcement officers who protect us will not be 
forced to lock away their government-issued firearms in the event of 
official furloughs, such as those occasioned by government shutdowns.

                              {time}  1800

  Our Federal law enforcement officers must be prepared to respond to 
numerous threats faced each day by our country, and this bill will help 
them do so without expanding any existing authority or creating new 
ones.
  This bill ensures our Federal law enforcement agencies uniformly 
provide our special agents and other law enforcement officers with the 
necessary support to respond to critical incidents.
  Our officers are highly trained and understand the importance 
associated with possessing government-issued weapons.
  Let me conclude my remarks by again expressing my appreciation to the 
authors and the chairman and the ranking member of the full committee.
  I look forward as we move forward on legislation such as the Law 
Enforcement Integrity Act. We want to continue to give our police 
officers the skills and tools to be able to do the work that they love, 
and that is protecting the men and women of this Nation.
  Again, I offer my appreciation, respect, and sympathy as we honor 
those who have fallen in duty to all of their families.
  I ask support for H.R. 2137.
  I wish to express my full support for the Bulletproof Vest 
Partnership Grant Program Reauthorization Act of 2015.
  I am a cosponsor of the House version of this bill, and I support 
adoption of this Senate-passed bill so that we can send it to the 
President for signature.
  In an effort to keep our citizens safe, law enforcement and 
correctional officers put their lives on the line each day, in every 
state and territory of the United States.
  Gun violence poses a lethal threat to all of us, and our law 
enforcement officers are often particularly at risk while protecting 
us.
  Reauthorization of the Bulletproof Vest Partnership Grant Program 
will provide our officers with needed protection when they come face-
to-face with individuals who seek to do harm to the officers and 
others.
  Last year, 42 law enforcement officers were killed by gunfire.
  Seventeen law enforcement officers have already been killed by 
gunfire this year.
  In some instances, greater availability of protective vests may have 
saved the lives of these officers.
  This program not only promotes the purchase of protective vests and 
body armor, but it also encourages officers to protect themselves by 
wearing the equipment.
  In order to receive funds, grantee jurisdictions must certify during 
the application process that they have a mandatory wear policy.
  This requirement ensures that all uniformed patrol officers in a 
grantee jurisdiction will wear protective vests or body armor while on 
duty.
  Each vest purchased through the program must pass strict performance 
standards set by the National Institute of Justice.
  The program also gives special consideration to jurisdictions with 
fewer than 100,000 residents.
  Without these grants, small jurisdictions might not be able to 
include this life-saving equipment in their budgets--leaving officers 
vulnerable to the daily dangers of policing.
  Last year, in my district, the Houston Community College Police 
Department received $8,260.45 from the BVP program, enabling the 
purchase of 24 protective vests.
  And the Jacinto City Police Department was able to purchase 7 armor 
vests with $2,135.90 received through the BVP program.
  The state of Texas received a total of $1,090,175.60 in matching 
funds from this program in 2015, which made the purchase of 2,834 new 
protective vests possible.
  Since its inception in 1999, the Bulletproof Vest Partnership Grant 
Program has helped provide more than 1 million vests as of December 
2014, to law enforcement officers in more than 13,000 jurisdictions.
  The number of women in law enforcement continues to grow.
  Yet much of the protective armor currently offered is primarily 
designed for male officers.
  To be certain female officers receive the same level of protection as 
their male counterparts, the BVP program gives priority to 
jurisdictions that provide uniquely-fitted vests, including protective 
vests that conform anatomically to females.
  From conducting traffic stops to responding to domestic violence 
calls, our law enforcement officers often face extreme danger.
  Those dangers are evidenced this week--National Police Week--as we 
honor the brave men and women who gave their lives to protect us and 
our communities.
  As we honor our law enforcement officers during National Police Week, 
with particular recognition for the sacrifice of fallen officers and 
their families, it is fitting that we complete work on this legislation 
today so that it may become law.
  Therefore, I urge my colleagues to support S. 125.
  Mr. GOODLATTE. Mr. Speaker, I reserve the balance of my time.
  Mr. CONYERS. Mr. Speaker, I yield 3 minutes to the gentleman from New 
Jersey (Mr. Pascrell).
  Mr. PASCRELL. Mr. Speaker, I rise today in very strong support of 
H.R. 2137.
  I thank Representative Doug Collins. This is a good, gutsy bill. I 
thank my co-chair of the Law Enforcement Caucus, Representative Dave 
Reichert, who is always there for every law enforcement person in this 
country, regardless of which level that law enforcement officer serves, 
be it Federal, state, county, or local, and Representative Tulsi 
Gabbard for introducing this bipartisan legislation.
  Federal law enforcement officers risk their own safety to make our 
communities safer every day. We need to make sure that they have the 
tools they need to do the job.
  Law enforcement officers were ordered--and you have heard this 
before--to lock up their government-issued weapons and were prohibited 
from carrying their government-issued credentials while carrying their 
personally owned weapon during the last government shutdown.
  This decision potentially endangered one female agent. We just heard 
that described. Thankfully, she was able to deescalate the situation 
and walk away unharmed.
  This incident serves as a reminder that criminals don't care if 
Federal officers are furloughed, and it highlights the very real need 
to ensure that law

[[Page 5611]]

enforcement officers have the means to protect themselves regardless of 
their duty status.
  This bill will allow the brave members of the Federal law enforcement 
community to have the capability to defend themselves and respond to 
threatening situations even in a time when they are off or furloughed.
  I urge my colleagues to support swift passage of this bipartisan 
legislation.
  Mr. GOODLATTE. Mr. Speaker, I reserve the balance of my time.
  Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume 
for my concluding remarks.
  Members of the House, in 2004, Congress, in recognition of the 
serious dangers faced by the Federal law enforcement officers, passed 
the Law Enforcement Officers Safety Act, which authorizes Federal law 
enforcement officers to carry concealed weapons in any jurisdiction in 
the United States.
  Passage of H.R. 2137 would ensure that, when appropriations lapse or 
another government shutdown occurs, which we hope it won't, Federal law 
enforcement officers authorized to carry firearms will continue to be 
able to carry their government-issued firearms throughout the 
shutdown's duration for personal protection and to respond to critical 
incidents.
  I urge support for this bill. I thank all of the Members who 
contributed to it.
  I yield back the balance of my time.
  Mr. GOODLATTE. Mr. Speaker, this is a good piece of legislation. I 
urge my colleagues to support it and support our law enforcement 
officers.
  I yield back the balance of my time.
  Mr. POE of Texas. Mr. Speaker, as we honor police week, I rise in 
support of another common sense bill that would benefit the men and 
women who serve our nation in federal law enforcement.
  The Federal Law Enforcement Self-Defense and Protection Act is a 
simple bill, it allows a federal law enforcement officer to carry their 
government issued firearm during a furlough in the same way that they 
could carry their weapon if there was no furlough.
  The risks that federal law enforcement officials face are the same 
whether or not they are on furlough or not. Some federal law 
enforcement officials have even been specifically targeted because of 
their positions.
  These brave men and women should not be put in jeopardy due to a 
budget shortfall or an inability to pass a budget. The risks they face 
are the same, they have the right to defend themselves.
  I thank Rep. Collins for bringing this bill forward, and I urge your 
support today.
  That's just the way it is.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Virginia (Mr. Goodlatte) that the House suspend the 
rules and pass the bill, H.R. 2137.
  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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