LEOSA Reform Act

II 118TH CONGRESS 1ST SESSION S. 1462 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 4, 2023 Mr. KENNEDY (for himself, Mr. TILLIS, and Mr. SCOTT of Florida) intro- duced the following bill; which was read twice and referred to the Com- mittee 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 04:21 May 13, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1462.IS S1462 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 1462 IS SEC. 2. CONFORMING THE LAW ENFORCEMENT OFFICERS 1 SAFETY ACT OF 2004 AND THE GUN-FREE 2 SCHOOL ZONES ACT OF 1990. 3 Section 922(q) of title 18, United States Code, is 4 amended— 5 (1) in paragraph (2)(B)— 6 (A) in clause (vi), by striking ‘‘or’’ at the 7 end; 8 (B) in clause (vii), by striking the period 9 at the end and inserting ‘‘; or’’; and 10 (C) by adding at the end the following: 11 ‘‘(viii) by an individual authorized by section 12 926B or 926C to carry a concealed firearm.’’; and 13 (2) in paragraph (3)(B)— 14 (A) in clause (iii), by striking ‘‘or’’ at the 15 end; 16 (B) in clause (iv), by striking the period at 17 the end and inserting ‘‘; or’’; and 18 (C) by adding at the end the following: 19 ‘‘(v) by an individual authorized by section 20 926B or 926C to carry a concealed firearm.’’. 21 SEC. 3. MAKING IMPROVEMENTS TO THE LAW ENFORCE- 22 MENT OFFICERS SAFETY ACT OF 2004. 23 (a) CARRYING OF CONCEALED FIREARMS BY QUALI- 24 FIED LAW ENFORCEMENT OFFICERS.—Section 926B of 25 title 18, United States Code, is amended— 26 VerDate Sep 11 2014 04:21 May 13, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1462.IS S1462 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 1462 IS (1) in subsection (a), by inserting ‘‘, or any 1 other provision of Federal law (including any regula- 2 tion prescribed by the Secretary of the Interior per- 3 taining to a unit of the National Park System)’’ 4 after ‘‘thereof’’; 5 (2) in subsection (b)— 6 (A) in paragraph (1), by inserting ‘‘, ex- 7 cept to the extent that the laws apply on prop- 8 erty used by a common or contract carrier to 9 transport people or property by land, rail, or 10 water or on property open to the public (wheth- 11 er or not a fee is charged to enter the prop- 12 erty)’’ before the semicolon; and 13 (B) in paragraph (2), by inserting ‘‘, ex- 14 cept to the extent that the laws apply on prop- 15 erty used by a common or contract carrier to 16 transport people or property by land, rail, or 17 water or on property open to the public (wheth- 18 er or not a fee is charged to enter the prop- 19 erty)’’ before the period at the end; and 20 (3) in subsection (e)(2), by inserting ‘‘any mag- 21 azine and’’ after ‘‘includes’’. 22 (b) CARRYING OF CONCEALED FIREARMS BY QUALI- 23 FIED RETIRED LAW ENFORCEMENT OFFICERS.—Section 24 926C of title 18, United States Code, is amended— 25 VerDate Sep 11 2014 04:21 May 13, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1462.IS S1462 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 1462 IS (1) in subsection (a), by inserting ‘‘, or any 1 other provision of Federal law (including any regula- 2 tion prescribed by the Secretary of the Interior per- 3 taining to a unit of the National Park System)’’ 4 after ‘‘thereof’’; 5 (2) in subsection (b)— 6 (A) in paragraph (1), by inserting ‘‘, ex- 7 cept to the extent that the laws apply on prop- 8 erty used by a common or contract carrier to 9 transport people or property by land, rail, or 10 water or on property open to the public (wheth- 11 er or not a fee is charged to enter the prop- 12 erty)’’ before the semicolon; and 13 (B) in paragraph (2), by inserting ‘‘, ex- 14 cept to the extent that the laws apply on prop- 15 erty used by a common or contract carrier to 16 transport people or property by land, rail, or 17 water or on property open to the public (wheth- 18 er or not a fee is charged to enter the prop- 19 erty)’’ before the period; 20 (3) by striking subsection (c)(4) and inserting 21 the following: 22 ‘‘(4) during the most recent 12-month period 23 (or, at the option of the State in which the indi- 24 VerDate Sep 11 2014 04:21 May 13, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1462.IS S1462 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 1462 IS vidual resides, a greater number of months, not ex- 1 ceeding 36 months), has met— 2 ‘‘(A) the standards for active duty law en- 3 forcement officers, as established by the former 4 agency of the individual; 5 ‘‘(B) the standards for active duty law en- 6 forcement officers, as established by the State 7 in which the individual resides; 8 ‘‘(C) the standards for active duty law en- 9 forcement officers employed by any law enforce- 10 ment agency in the State in which the indi- 11 vidual resides; or 12 ‘‘(D) any standard for active duty law en- 13 forcement officers for firearms qualification 14 conducted by any certified firearms instructor 15 within the State in which the individual re- 16 sides;’’; 17 (4) in subsection (d)— 18 (A) in paragraph (1), by striking ‘‘not less 19 recently than one year before the date the indi- 20 vidual is carrying the concealed firearm, been 21 tested or otherwise found by the agency to meet 22 the active duty standards for qualification in 23 firearms training as established by the agency 24 VerDate Sep 11 2014 04:21 May 13, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1462.IS S1462 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •S 1462 IS to carry’’ and inserting ‘‘met the standards re- 1 quired by subsection (c)(4) for’’; and 2 (B) in paragraph (2), by striking subpara- 3 graph (B) and inserting the following: 4 ‘‘(B) a certification issued by the former agency 5 of the individual, the State in which the individual 6 resides, any law enforcement agency within the State 7 in which the individual resides, or any certified fire- 8 arms instructor within the State in which the indi- 9 vidual resides that indicates that the individual has 10 met the standards required by subsection (c)(4).’’; 11 and 12 (5) in subsection (e)(1)(B), by inserting ‘‘any 13 magazine and’’ after ‘‘includes’’. 14 SEC. 4. PERMITTING QUALIFIED CURRENT AND RETIRED 15 LAW ENFORCEMENT OFFICERS TO CARRY 16 FIREARMS IN CERTAIN FEDERAL FACILITIES. 17 Section 930 of title 18, United States Code, is 18 amended— 19 (1) in subsection (d)— 20 (A) in paragraph (2), by striking ‘‘or’’ at 21 the end; 22 (B) in paragraph (3), by striking the pe- 23 riod at the end and inserting ‘‘or’’; and 24 (C) by adding at the end the following: 25 VerDate Sep 11 2014 04:21 May 13, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1462.IS S1462 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •S 1462 IS ‘‘(4) the possession of a firearm or ammunition 1 in a Facility Security Level I or II civilian public ac- 2 cess facility by a qualified law enforcement officer or 3 a qualified retired law enforcement officer.’’; and 4 (2) in subsection (g), by adding at the end the 5 following: 6 ‘‘(4) The term ‘civilian public access facility’ 7 means a facility open to the general public. 8 ‘‘(5) The term ‘Facility Security Level’ means 9 a security risk assessment level assigned to a Fed- 10 eral facility by the security agency of the facility in 11 accordance with the biannually issued Interagency 12 Security Committee Standard. 13 ‘‘(6) The term ‘qualified law enforcement offi- 14 cer’ has the meaning given the term in section 15 926B. 16 ‘‘(7) The term ‘qualified retired law enforce- 17 ment officer’ has the meaning given the term in sec- 18 tion 926C.’’. 19 Æ VerDate Sep 11 2014 04:21 May 13, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\S1462.IS S1462 pbinns on DSKJLVW7X2PROD with $$_JOB