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[Senate Report 111-233]
[From the U.S. Government Publishing Office]

111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-233
======================================================================
 
      LAW ENFORCEMENT OFFICERS SAFETY ACT IMPROVEMENTS ACT OF 2010

                                _______
                                

                 July 27, 2010.--Ordered to be printed

                                _______
                                

Mr. Leahy, from the Committee on the Judiciary, submitted the following

                              R E P O R T

                         [To accompany S. 1132]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to which was referred 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, 
having considered the same, with an amendment, reports 
favorably thereon and recommends that the bill, as amended, do 
pass.

                                CONTENTS

                                                                   Page
  I. Background and Purpose of the Law Enforcement Officers Safety Act 
     Improvement Act of 2010..........................................1
 II. History of the Bill and Committee Consideration..................5
III. Section-by-Section Summary of the Bill...........................5
 IV. Congressional Budget Office Cost Estimate........................6
  V. Regulatory Impact Evaluation.....................................7
 VI. Conclusion.......................................................7
VII. Changes to Existing Law Made by the Bill, as Reported............7

 I. Background and Purpose of the Law Enforcement Officers Safety Act 
                        Improvements Act of 2010

                               A. SUMMARY

    The purpose of S. 1132, the Law Enforcement Officers Safety 
Act Improvements Act of 2010 (LEOSA Improvements Act) is to 
amend existing law to refine the eligibility requirements and 
procedures by which active and retired law enforcement officers 
obtain certification to carry concealed firearms across State 
lines.\1\
---------------------------------------------------------------------------
    \1\See 18 U.S.C. Sec. Sec. 926B-926C (providing the requirements 
and procedures for qualified law enforcement officers to be certified 
for carrying a concealed firearm nationally).
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                 B. BACKGROUND AND NEED FOR LEGISLATION

    On May 21, 2009, Judiciary Committee Chairman Patrick Leahy 
introduced the LEOSA Improvements Act, S. 1132,\2\ to make 
amendments to the existing law (18 U.S.C. Sec. Sec. 926B-926C), 
which permits qualified State and Federal law enforcement 
officers to carry concealed firearms across State lines. 
Judiciary Committee Ranking Member Jeff Sessions of Alabama, 
Senator Jon Kyl of Arizona, and Senator Kent Conrad of North 
Dakota are cosponsors of the legislation.
---------------------------------------------------------------------------
    \2\During the Judiciary Committee's consideration of the bill, 
Chairman Leahy offered a complete substitute amendment, which was 
adopted and, among other minor changes detailed herein, changed the 
title of the bill to reflect year in which the Committee approved the 
bill. The title of the reported bill, as amended, is the Law 
Enforcement Officers Safety Act Improvements Act of 2010.
---------------------------------------------------------------------------
    Since the enactment of the Law Enforcement Officers Safety 
Act of 2003 (LEOSA), varying State approaches to implementation 
have hindered the consistent and effective operation of the 
law, particularly with respect to qualified retired law 
enforcement officers. Under current law, qualified retired law 
enforcement officers must carry photographic identification 
issued by the agency at which they were employed and 
documentation that certifies they have met, within the most 
recent 12-month period, the active duty law enforcement 
standards for qualification for a firearm of the same type as 
the one they intend to carry. Currently, the firearm aptitude 
certification component of this document must be issued by the 
retired officer's former agency or by the State in which the 
retired officer resides, and pursuant to State active duty 
firearm testing standards.\3\
---------------------------------------------------------------------------
    \3\18 U.S.C. Sec. Sec. 926C(d)(1)-(2). Certification under Section 
926C(d)(2)(B) requires:
---------------------------------------------------------------------------
      [A] certification issued by the State in which the 
      individual resides that indicates that the individual has, 
      not less recently than one year before the date the 
      individual is carrying the concealed firearm, been tested 
      or otherwise found by the State to meet the standards 
      established by the State for training and qualification for 
      active law enforcement officers to carry a firearm of the 
      same type as the concealed firearm.
    A memorandum issued on January 31, 2005 by then-Attorney 
General of the United States John Ashcroft complicated the 
statutory process for retired Federal law enforcement officers. 
In his memorandum to all Department of Justice law enforcement 
agencies,\4\ Attorney General Ashcroft directed:
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    \4\Bureau of Alcohol, Tobacco, Firearms, and Explosives; Drug 
Enforcement Administration; Federal Bureau of Investigation; Federal 
Bureau of Prisons; The Inspector General; United States Marshals 
Service.

          Individual components shall not themselves train or 
        qualify retired employees to carry a firearm, as 
        authorized under the law. In order to be authorized 
        under the Act to carry a firearm, a retired qualified 
        LEO from a DOJ component must qualify pursuant to 18 
        U.S.C. Sec. 926C(d)(2)(B), and in accordance with state 
        standards for active LEOs.\5\
---------------------------------------------------------------------------
    \5\Memorandum from John Ashcroft, Attorney General, to all 
Department of Justice Law Enforcement Agencies (Jan. 31, 2005) (on file 
with the Senate Judiciary Committee).

    The effect of the Attorney General Ashcroft's memorandum 
was to preclude officers who had retired from service with a 
Department of Justice law enforcement component from 
certification pursuant to 18 U.S.C. Sec. 926C(d)(1).\6\ This 
Section provides that a qualified retired officer may 
demonstrate compliance with the law using a single 
identification card issued by his or her agency denoting both 
prior service with the agency and firearms testing within one 
year prior to the date of carriage. The practical result of 
Attorney General Ashcroft's directive was to subject 
individuals who had retired from Federal law enforcement to 
varying State procedures--and to State law enforcement agencies 
with which they had not been employed--in order to satisfy the 
firearms testing requirement of 18 U.S.C. Sec. 926C(d)(2)(B).
---------------------------------------------------------------------------
    \6\(d) The identification required by this subsection is
---------------------------------------------------------------------------
      (1) a photographic identification issued by the agency from 
      which the individual retired from service as a law 
      enforcement officer that indicates that the individual has, 
      not less recently than one year before the date the 
      individual is carrying the concealed firearm, been tested 
      or otherwise found by the agency to meet the standards 
      established by the agency for training and qualification 
      for active law enforcement officers to carry a firearm of 
      the same type as the concealed firearm.
18 U.S.C. Sec. 926C(d)(1).
    To remedy the difficulties that have arisen in some 
jurisdictions for both Federal and State retired law 
enforcement officers, S. 1132 provides that a ``certified 
firearms instructor'' may conduct testing and qualify retired 
law enforcement officers.
    This change would enable any firearms instructor certified 
to test active duty law enforcement officers in a State to 
qualify a retired officer using either the standards set by the 
State in which the instructor is certified and the officer 
resides, or in the absence of such standards--or the 
recognition thereof--the standards of any law enforcement 
agency in the State. This change will have the dual effect of 
minimizing the responsibilities of State and Federal law 
enforcement agencies to administer this testing, and will 
provide flexibility to retired officers in obtaining such 
testing and certification.
    The legislation would also make clear that those active and 
retired law enforcement officers who are or were employed by 
the Amtrak Police Department or the Federal Reserve meet the 
definition of ``qualified active law enforcement officer'' and 
``qualified retired law enforcement officer.''\7\ Because 
Amtrak is, under Title 49, ``not a department, agency, or 
instrumentality of the United States Government,''\8\ police 
officers employed by Amtrak do not meet the definition at 18 
U.S.C. Sec. 926B(c), which requires an officer to be or have 
been an ``employee of a governmental agency.''\9\
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    \7\18 U.S.C. Sec. Sec. 926B(c), 926C(c).
    \8\49 U.S.C. Sec. 24301(a)(3).
    \9\18 U.S.C. Sec. 926B(c).
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    The Amtrak Police Department was first accredited in 1992. 
It has been reaccredited twice--in 1997 and 2002--by the 
Commission on Accreditation for Law Enforcement Agencies. 
Amtrak police officers are assigned to the Federal Bureau of 
Investigation's Joint Terrorism Task Force and Joint Operations 
Center in Washington, D.C. In 1999, Congress amended the 
Omnibus Crime Control and Safe Streets Act of 1968 to allow 
railroad police officers to attend the FBI's National Academy 
for Law Enforcement Training.\10\ To date, several Amtrak 
officers have successfully completed that program.
---------------------------------------------------------------------------
    \10\42 U.S.C. Sec. 3771(a).
---------------------------------------------------------------------------
    Further, in the most recent Department of Justice report on 
Federal law enforcement officers, entitled Federal Law 
Enforcement Officers, 2004, the Bureau of Justice Statistics 
listed the Amtrak Police Department as a Federal law 
enforcement agency.\11\
---------------------------------------------------------------------------
    \11\Bureau of Justice Statistics, BJS Bull. No. NCj212750, Federal 
Law Enforcement Officers, 2004 4 (2006), available at http:// http://
bjs.ojp.usdoj.gov/content/pub/pdf/fleo04.pdf.
---------------------------------------------------------------------------
    In light of the fact that the officers of the Amtrak Police 
Department are Federal law enforcement officers and, but for 
the language in Title 49, would clearly meet the definition at 
18 U.S.C. Sec. 926B(c), it is appropriate for these officers to 
be eligible for the benefits of LEOSA. For these reasons, S. 
1132 expands the definitions in 18 U.S.C. Sec. Sec. 926B and 
926C to include the officers employed by the Amtrak Police 
Department.
    Law enforcement officers employed by the Federal Reserve 
System are authorized at 12 U.S.C. Sec. 248(q). They are 
required to complete training at the Federal Law Enforcement 
Training Center and are considered ``fully sworn'' officers of 
the Federal Government. The primary responsibility of these 
officers is the protection of the Federal Reserve facilities 
and its employees. Federal Reserve officers also engage in 
dignitary protection and operate Special Response Teams, 
hazardous material response teams, and K-9 teams. These facts 
reinforce the Committee's belief that any ambiguity concerning 
the eligibility for benefits under 18 U.S.C. Sec. Sec. 926B-
926C for Federal Reserve law enforcement officers should be 
removed by explicit inclusion in the legislation.\12\
---------------------------------------------------------------------------
    \12\The Committee notes that the specifically named Federal law 
enforcement agencies named in the legislation constitute a non-
exhaustive list. For example, special police assigned to the National 
Zoological Park in Washington, D.C., who have statutory power of 
arrest, carry firearms, and complete training at the Federal Law 
Enforcement Training Center should, in the Committee's view, be 
eligible for the benefits provided under 18 U.S.C. Sec. Sec. 926B-926C.
---------------------------------------------------------------------------
    The bill also addresses two other issues that have unduly 
restricted retired officers from being eligible for the 
privileges conferred under LEOSA. The bill reduces the required 
years of service, from 15 to 10, which a retired officer must 
have served in order to be eligible for LEOSA certification. 
This amendment is responsive to the fact that some law 
enforcement officers enter the profession as a second career, 
often subsequent to military service.
    The bill also removes the requirement in existing law that 
a retired officer be entitled to ``non-forfeitable'' retirement 
benefits.\13\ Some small State and local law enforcement 
agencies do not provide these benefits, and the Committee 
recognizes that this requirement has the potential effect of 
disqualifying otherwise eligible retired officers.
---------------------------------------------------------------------------
    \13\18 U.S.C. Sec. 926C(c)(4).
---------------------------------------------------------------------------
    The legislation changes the term ``retired'' with 
``separated from service''. This change was made in order to 
ensure that law enforcement officers who had put in the 
requisite term of service were not denied benefits due to not 
being technically ``retired''.
    The legislation revises the provision in existing law 
related to the ineligibility of retired officers due to mental 
health issues. Under current law, a retired officer must have 
retired in good standing and for reasons unrelated to mental 
health.\14\ The legislation refines this requirement by giving 
law enforcement agencies two alternatives in making a 
determination about an officer's eligibility for the benefits 
of the law in light of mental health issues: an officer shall 
be ineligible if a medical professional employed by the 
officer's agency makes such a determination, and alternatively, 
the officer may enter an agreement with the employing agency 
acknowledging ineligibility for mental health reasons.
---------------------------------------------------------------------------
    \14\18 U.S.C. Sec. 926C(c)(1).
---------------------------------------------------------------------------

          II. History of the Bill and Committee Consideration

    In 2004, Congress passed, and President George W. Bush 
signed into law, the Law Enforcement Officers Safety Act of 
2003 (Pub. L. 108-277). The Senate version of that bill (S. 
253) was co-sponsored by 70 Senators and was reported out of 
the Judiciary Committee on March 6, 2003 by a vote of 18-1. It 
was agreed to in the House of Representatives by a voice vote 
on June 23, 2004, and passed by unanimous consent in the Senate 
on July 7, 2004. The President signed the Law Enforcement 
Officers Safety Act of 2003 into law on June 22, 2004. The 
history of the Law Enforcement Officers Safety Act of 2003 is 
recounted in S. Rpt. 108-29.
    In the 110th Congress on January 24, 2007, Chairman Leahy 
introduced S. 376, the Law Enforcement Officers Safety Act of 
2007. Like S. 1132, S. 376 was intended to improve the existing 
law at 18 U.S.C. Sec. Sec. 926B and 926C. Senate Bill 376 was 
favorably reported twice by the Senate Judiciary Committee in 
the 110th Congress: once on September 9, 2007, without 
amendment, and again on September 21, 2007, as part of S. 2084, 
the School Safety and Law Enforcement Improvements Act of 2007. 
The Senate took no further action on either of these bills.
    Chairman Leahy introduced S. 1132 on May 21, 2009, and the 
bill was referred to the Senate Judiciary Committee. The bill 
was first listed on the Committee's agenda on February 4, 2010. 
On March 11, 2010, the Committee met in open session and voted 
by voice vote to report the Law Enforcement Officers Safety Act 
Improvements Act of 2010, with an amendment in the nature of a 
substitute, to the Senate.

              III. Section-by-Section Summary of the Bill

    Section 1 designates the short title of the bill as the 
``Law Enforcement Officers Safety Act Improvements Act of 
2010''.
    Section 2(a)(1) amends 18 U.S.C. Sec. 926B to add a 
qualifier to 926B(c)(3)'s requirements for eligibility under 
the law, such that the officer must not have been subject to 
disciplinary action that ``could result in suspension or loss 
of police powers''.
    Section 2(a)(2) makes explicit that active law enforcement 
officers employed by the Amtrak Police Department, the Federal 
Reserve, or who serve as law enforcement officers ``of the 
executive branch of the Federal Government'' are eligible for 
the law's benefits.
    Section 2(b) amends 18 U.S.C. Sec. 926B(e) by clarifying 
the type of firearm and ammunition a qualified officer may 
carry under the law.
    Section 2(c) amends 18 U.S.C. Sec. 926C to replace the term 
``retired'' with ``separated from service''. Section 2(c) also 
reduces the requisite years of service for a qualified officer 
from 15 years to 10 years. The section also revises the 
qualification process for retired officers by permitting the 
firearms testing portion of the certification obtainable, where 
certification from a State law enforcement agency is not 
possible, from certified firearms instructor qualified by the 
State.
    Section 2(c) also makes changes to the current law's 
provisions for disqualification from LEOSA certification due to 
mental health issues. The legislation would deny certification 
where 1) an officer had been found by a medical professional to 
be unqualified for LEOSA certification for mental health 
reasons; or 2) the officer entered into an agreement with his 
or her employing agency where the officer acknowledges that he 
or she is unqualified for reasons relating to mental health.
    Finally, Section 2(c) makes explicit that retired law 
enforcement officers who were employed by the Amtrak Police 
Department, the Federal Reserve, or who served as law 
enforcement officers ``of the executive branch of the Federal 
Government'', and otherwise meet the law's requirements, are 
eligible for the law's benefits.

             IV. Congressional Budget Office Cost Estimate

    In compliance with paragraph 11(a) of rule XXVI, of the 
Standing Rules of the Senate, the Committee sets forth, with 
respect to the bill, S. 1132, the following estimate prepared 
by the Director of the Congressional Budget Office under 
section 403 of the Congressional Budget Act of 1974:

                                                    March 19, 2010.
Hon. Patrick J. Leahy,
Chairman, Committee on the Judiciary
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1132, the Law 
Enforcement Officers Safety Act Improvements Act of 2010.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 1132--Law Enforcement Officers Safety Act Improvements Act of 2010

    Current federal law exempts certain active and retired law 
enforcement officers from most state and local laws prohibiting 
the carrying of concealed firearms. S. 1132 would clarify that 
officers of the Amtrak Police Department, the Federal Reserve, 
and the executive branch of the federal government would 
qualify as individuals who may carry concealed firearms. The 
bill also would change the requirements that retired officers 
must meet to carry concealed firearms.
    CBO estimates that implementing the bill would result in no 
significant costs to the federal government. Enacting S. 1132 
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures would not apply.
    S. 1132 contains an intergovernmental mandate as defined in 
the Unfunded Mandates Reform Act (UMRA) because it would expand 
an existing mandate that preempts state or local laws 
prohibiting the carrying of concealed weapons. CBO estimates 
that the costs, if any, for state, local, or tribal governments 
to comply would be insignificant and well below the annual 
threshold established in UMRA ($70 million in 2010, adjusted 
annually for inflation).
    S. 1132 contains no private-sector mandates as defined in 
UMRA.
    The CBO staff contacts for this estimate are Mark Grabowicz 
(for federal costs) and Melissa Merrell (for the state and 
local impact). The estimate was approved by Theresa Gullo, 
Deputy Assistant Director for Budget Analysis.

                    V. Regulatory Impact Evaluation

    In compliance with rule XXVI of the standing Rules of the 
Senate, the Committee finds that no significant regulatory 
impact will result from the enactment of S. 1132.

                             VI. Conclusion

    In passing the Law Enforcement Officers Safety Act of 2003, 
the Senate recognized that law enforcement officers occupy a 
unique place in American society and should be entrusted with 
special privileges related to firearms. The bill the Committee 
reports in 111th Congress continues this recognition by making 
improvements to existing law necessary to ensure that qualified 
retired officers are able to gain the privileges and 
protections Congress originally intended in the Law Enforcement 
Officers Safety Act of 2003.

       VII. Changes to Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S. 1132, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                           UNITED STATES CODE

TITLE 18--CRIMES AND CRIMINAL PROCEDURE

           *       *       *       *       *       *       *

CHAPTER 44--FIREARMS

           *       *       *       *       *       *       *

Sec. 926B. Carrying of concealed firearms by qualified law enforcement 
                    officers

    (a) Notwithstanding any other provision of the law of any 
State or any political subdivision thereof, an individual who 
is a qualified law enforcement officer and who is carrying the 
identification required by subsection (d) may carry a concealed 
firearm that has been shipped or transported in interstate or 
foreign commerce, subject to subsection (b).
    (b) This section shall not be construed to supersede or 
limit the laws of any State that--
          (1) permit private persons or entities to prohibit or 
        restrict the possession of concealed firearms on their 
        property; or
          (2) prohibit or restrict the possession of firearms 
        on any State or local government property, 
        installation, building, base, or park.
    (c) As used in this section, the term ``qualified law 
enforcement officer'' means an employee of a governmental 
agency who--
          (1) 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;
          (2) is authorized by the agency to carry a firearm;
          (3) is not the subject of any disciplinary action by 
        the agency which could result in suspension or loss of 
        police powers;
          (4) meets standards, if any, established by the 
        agency which require the employee to regularly qualify 
        in the use of a firearm;
          (5) is not under the influence of alcohol or another 
        intoxicating or hallucinatory drug or substance; and
          (6) is not prohibited by Federal law from receiving a 
        firearm.
    (d) The identification required by this subsection is the 
photographic identification issued by the governmental agency 
for which the individual is employed as a law enforcement 
officer.
    [(e) As used in this section, the term ``firearm'' does not 
include--
          [(1) any machinegun (as defined in section 5845 of 
        the National Firearms Act);
          [(2) any firearm silencer (as defined in section 921 
        of this title); and
          [(3) any destructive device (as defined in section 
        921 of this title).]
    (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).
    (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.

Sec. 926C. Carrying of concealed firearms by qualified retired law 
                    enforcement officers

    (a) Notwithstanding any other provision of the law of any 
State or any political subdivision thereof, an individual who 
is a qualified retired law enforcement officer and who is 
carrying the identification required by subsection (d) may 
carry a concealed firearm that has been shipped or transported 
in interstate or foreign commerce, subject to subsection (b).
    (b) This section shall not be construed to supersede or 
limit the laws of any State that--
          (1) permit private persons or entities to prohibit or 
        restrict the possession of concealed firearms on their 
        property; or
          (2) prohibit or restrict the possession of firearms 
        on any State or local government property, 
        installation, building, base, or park.
    (c) As used in this section, the term [``qualified retired 
law enforcement officer''] ``separated from service'' means an 
individual who--
          (1) retired in good standing from service with a 
        public agency as a law enforcement officer[, other than 
        for reasons of mental instability];
          (2) before such [retirement] separation, was 
        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 had statutory powers of arrest;
          (3)(A) before such [retirement, was regularly 
        employed as a law enforcement officer for an aggregate 
        of 15 years or more] separation, served as a law 
        enforcement officer for an aggregate of 10 years or 
        more; or
          (B) [retired] separated from service with such 
        agency, after completing any applicable probationary 
        period of such service, due to a service-connected 
        disability, as determined by such agency;
          (4) [has a nonforfeitable right to benefits under the 
        retirement plan of the agency] 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;
          [(5) during the most recent 12-month period, has met, 
        at the expense of the individual, the State's standards 
        for training and qualification for active law 
        enforcement officers to carry firearms;] (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);
          (6) is not under the influence of alcohol or another 
        intoxicating or hallucinatory drug or substance; and
          (7) is not prohibited by Federal law from receiving a 
        firearm.
    (d) The identification required by this subsection is--
          (1) a photographic identification issued by the 
        agency from which the individual [retired] separated 
        from service as a law enforcement officer that 
        indicates that the individual has, not less recently 
        than one year before the date the individual is 
        carrying the concealed firearm, been tested or 
        otherwise found by the agency [to meet the standards 
        established by the agency for training and 
        qualification for active law enforcement officers to 
        carry a firearm of the same type as the concealed 
        firearm] 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; or
          (2)(A) a photographic identification issued by the 
        agency from which the individual [retired] separated 
        from service as a law enforcement officer; and
          (B) a certification issued by the State in which the 
        individual resides [that indicates that the individual 
        has, not less recently than one year before the date 
        the individual is carrying the concealed firearm, been 
        tested or otherwise found by the State to meet the 
        standards established by the State for training and 
        qualification for active law enforcement officers to 
        carry a firearm of the same type as the concealed 
        firearm.] 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.
    [(e) As used in this section, the term ``firearm'' does not 
include--
          [(1) any machinegun (as defined in section 5845 of 
        the National Firearms Act);
          [(2) any firearm silencer (as defined in section 921 
        of this title); and
          [(3) a destructive device (as defined in section 921 
        of this title).]
    (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.

                                  
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