LEOSA Reform Act

II 117TH CONGRESS 1ST SESSION S. 1610 To amend title 18, United States Code, to improve the Law Enforcement Officers Safety Act of 2004 and provisions relating to the carrying of concealed weapons by law enforcement officers, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 13, 2021 Mr. KENNEDY (for himself, Mr. TILLIS, and Mrs. BLACKBURN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to improve the Law Enforcement Officers Safety Act of 2004 and provi- sions relating to the carrying of concealed weapons by law enforcement officers, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘LEOSA Reform Act’’. 4 VerDate Sep 11 2014 00:45 May 27, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1610.IS S1610 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1610 IS SEC. 2. CONFORMING THE LAW ENFORCEMENT OFFICERS 1 SAFETY ACT OF 2004 AND THE GUN-FREE 2 SCHOOL ZONES ACT OF 1990. 3 Section 922(q)(2)(B) of title 18, United States Code, 4 is amended— 5 (1) by striking ‘‘or’’ at the end of clause (vi); 6 (2) by striking the period at the end of clause 7 (vii) and inserting ‘‘; or’’; and 8 (3) by adding at the end the following: 9 ‘‘(viii) by an individual authorized by section 10 926B or 926C to carry a concealed firearm.’’. 11 SEC. 3. MAKING IMPROVEMENTS TO THE LAW ENFORCE- 12 MENT OFFICERS SAFETY ACT OF 2004. 13 (a) Each of sections 926B(a) and 926C(a) of title 14 18, United States Code, is amended by inserting ‘‘or any 15 other provision of Federal law, or any regulation pre- 16 scribed by the Secretary of the Interior pertaining to a 17 unit of the National Park System’’ after ‘‘thereof’’. 18 (b) Each of sections 926B(b) and 926C(b) of such 19 title are amended— 20 (1) in paragraph (1), by inserting ‘‘, except to 21 the extent that the laws apply on property used by 22 a common or contract carrier to transport people or 23 property by land, rail, or water or on property open 24 to the public (whether or not a fee is charged to 25 enter the property)’’ before the semicolon; and 26 VerDate Sep 11 2014 00:45 May 27, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1610.IS S1610 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1610 IS (2) in paragraph (2), by inserting ‘‘, except to 1 the extent that the laws apply on property used by 2 a common or contract carrier to transport people or 3 property by land, rail, or water or on property open 4 to the public (whether or not a fee is charged to 5 enter the property)’’ before the period. 6 (c) Each of sections 926B(e)(2) and 926C(e)(1)(B) 7 of such title is amended by inserting ‘‘any magazine and’’ 8 after ‘‘includes’’. 9 (d) Section 926C(c)(4) of such title is amended to 10 read as follows: 11 ‘‘(4) has met the standards for qualification in 12 firearms training during the most recent period of 13 12 months (or, at the option of the State in which 14 the individual resides, a greater number of months, 15 not exceeding 36 months), and for purposes of this 16 paragraph, the term ‘standards for qualification in 17 firearms training’ means— 18 ‘‘(A) the standards for active duty law en- 19 forcement officers as established by the former 20 agency of the individual; 21 ‘‘(B) the standards for active duty law en- 22 forcement officers as established by the State in 23 which the individual resides; 24 VerDate Sep 11 2014 00:45 May 27, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1610.IS S1610 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1610 IS ‘‘(C) the standards for active duty law en- 1 forcement officers employed by any law enforce- 2 ment agency in the State in which the indi- 3 vidual resides; or 4 ‘‘(D) any standard for active duty law en- 5 forcement officers for firearms qualification 6 conducted by any certified firearms instructor 7 within the State in which the individual re- 8 sides;’’. 9 (e) Section 926C(d) of such title is amended— 10 (1) in paragraph (1), by striking ‘‘not less re- 11 cently than one year before the date the individual 12 is carrying the concealed firearm, been tested or oth- 13 erwise found by the agency to meet the active duty 14 standards for qualification in firearms training as 15 established by the agency to carry’’ and inserting 16 ‘‘met the standards for qualification in firearms 17 training required by subsection (c)(4) for’’; and 18 (2) in paragraph (2), by striking subparagraph 19 (B) and inserting the following: 20 ‘‘(B) a certification issued by the former agency 21 of the individual, the State in which the individual 22 resides, any law enforcement agency within the State 23 in which the individual resides, or any certified fire- 24 arms instructor within the State in which the indi- 25 VerDate Sep 11 2014 00:45 May 27, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1610.IS S1610 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1610 IS vidual resides that indicates that the individual has 1 met the standards for qualification in firearms train- 2 ing required by subsection (c)(4).’’. 3 SEC. 4. PERMITTING QUALIFIED CURRENT AND RETIRED 4 LAW ENFORCEMENT OFFICERS TO CARRY 5 FIREARMS IN CERTAIN FEDERAL FACILITIES. 6 Section 930 of title 18, United States Code, is 7 amended— 8 (1) in subsection (d)— 9 (A) in paragraph (2), by striking ‘‘or’’ at 10 the end; 11 (B) in paragraph (3), by striking the pe- 12 riod at the end and inserting ‘‘or’’; and 13 (C) by adding at the end the following: 14 ‘‘(4) the possession of a firearm or ammunition 15 in a Facility Security Level I or II civilian public ac- 16 cess facility by a qualified law enforcement officer 17 (as defined in section 926B(c)) or a qualified retired 18 law enforcement officer (as defined in section 19 926C(c)).’’; and 20 (2) in subsection (g), by adding at the end the 21 following: 22 ‘‘(4) The term ‘Facility Security Level’ means 23 a security risk assessment level assigned to a Fed- 24 eral facility by the security agency of the facility in 25 VerDate Sep 11 2014 00:45 May 27, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1610.IS S1610 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1610 IS accordance with the biannually issued Interagency 1 Security Committee Standard. 2 ‘‘(5) The term ‘civilian public access facility’ 3 means a facility open to the general public.’’. 4 Æ VerDate Sep 11 2014 00:45 May 27, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S1610.IS S1610 kjohnson on DSK79L0C42PROD with BILLS