[Pages H7319-H7321]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

[[Page H7319]]

House of Representatives

{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

[[Page H7320]]

``(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.
(Mr. BOUCHER asked and was given permission to revise and extend his
remarks.)
Mr. BOUCHER. 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

[[Page H7321]]

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.

____________________