Legislative Update as of 01-21-09

As the legislative chairman, I would first like to apologize for the delay in getting information out on pending legislation that affects our Union. As stated below in the last update on 11-07-07, these bills have been sitting in committees and placed on calendars but there was no further movement within the 110th Congress. With the new 111th Congress, the legislative committee will once again begin to lobby congress for support for the Amtrak Police Department and our first priority is to lobby for a retirement system that is comparable to our law enforcement collegues across the country. I have been told by legislative aides that this process could take a while and we would probably meet with a lot of resistence from other unions. However, that will not deter us from continually pushing our agenda and ensuring that we meet the demands of the members for a police style retirement system that will replace the current system in place.

Part of the process is to deem Amtrak Police officers 'federal police officers' under the definitions under the Federal Statutes. Language has been added in the below mentioned bills to start that process. A bill that went under the radar that includes this type of language was introduced (by now, Vice-President Biden), enacted, and signed into law in the summer of 2008. The bill S.2565, states that

 FEDERAL LAW ENFORCEMENT OFFICER- The term `Federal law enforcement officer'--

(A) means a Federal employee--

(i) who has statutory authority to make arrests or apprehensions;

(ii) who is authorized by the agency of the employee to carry firearms; and

(iii) whose duties are primarily--

(I) engagement in or supervision of the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law; or

(II) the protection of Federal, State, local, or foreign government officials against threats to personal safety; and

(B) includes a law enforcement officer employed by the Amtrak Police Department or Federal Reserve.

*********There was a bill introduced this month and it can be read in its entirety at www.thomas.gov and type in Amtrak Police or  S. 167. This bill was introduced by Sen. Kohl and it is the 2009 version of S.368 that was introduced in 2007.

***************Again, I am sorry for not getting more information out as often as I should, but the MTU and our training regimen during 2008 had kept me further away from legislative matters than had been expected. ***********

Day on the Hill 2009: 23-25 February!!!

The FOP Day on the Hill 2009 will begin on Monday, 23 February 2009.  The National Legislative Office and the National Legislative Committee will host a short briefing on our legislative agenda at the District of Columbia Lodge #1 at 711 4th Street, NW.  The briefing will take place on Monday afternoon and last approximately one hour.  Additional details will be forthcoming.

Anyone interested in attending this year's 'Day on the Hill' should contact Ken Metz at FOP189Trustee@aol.com.

Legislative Update as of 11-07-07

The following legislation has been introduced by Senator Biden's office to enhance law enforcement efforts in fighting/controlling crime as well as improving security of the homeland from terrorism. The bill (S. 2237) can be viewed in it's entirety by clicking on the below link. If the link does not go through, simply go to www.thomas.gov and type in Amtrak Police. There will be several bills indicated. Just click on S.2237 and you will be able to view it. This bill contains language to include the department for renewal of grants under the Omnibus Crime Control and Safe Streets Act as well as language to increase monies to equip, train, and hire more police officers, to wit:

SEC. 10205. PREVENTING TERROR ATTACKS ON THE HOMELAND.

(a) Authorization of Appropriations for Supporting Law Enforcement- There are authorized to be appropriated from the Trust Fund--

(1) $1,150,000,000 for fiscal years 2007 through 2011 for the Office of Community Oriented Policing Services for grants to State, local, and tribal law enforcement to hire officers, purchase technology, conduct training, and to develop local counter-terrorism units;

(2) $900,000,000 for each of the fiscal years 2007 through 2011 for the Justice Assistance Grant;

(3) $160,000,000 for each of fiscal years 2007 through 2011 for the Federal Bureau of Investigations to hire 1,000 additional field agents in addition to the number of field agents serving on the date of enactment of this Act;

**(4) $200,000,000 for each of fiscal years 2007 to 2011 for the Amtrak Police Department to hire, equip, and train 1,000 additional rail police; and

**(5) such sums as necessary to provide an increase in the rate of basic pay for law enforcement officers employed by Amtrak of 25 percent of the rate of basic pay in effect on the date of enactment of this Act.

 The link to view the above mentioned bill is as follows: http://www.thomas.gov/cgi-bin/query/C?c110:./temp/~c110t0owPw

The below mentioned bill was introduced by Sen. Leahy and placed on the Senate calendar under general orders #382. This bill has the language that would enable Amtrak Police Officers to qualify under HR 218. The companion bill with the same language is under S. 376 as noted below.

S.2084
Title: An original bill to promote school safety, improved law enforcement, and for other purposes.
Sponsor: Sen Leahy, Patrick J. [VT] (introduced 9/21/2007)      Cosponsors (None)
Latest Major Action: 9/21/2007 Placed on Senate Legislative Calendar under General Orders. Calendar No. 382.
Senate Reports: 110-183

We need you to Email your Senators and Representative and tell them to
Support the Amtrak Police
http://WWW.Senate.gov/

http://WWW.House.gov/

The following is a statement from the office of Senator Leahy. The senator introduced legislation (S.376) that would enable Amtrak Police Officers to qualify under  HR 218. The legislative committee has been working closely with the FOP national lodge to ensure that our officers, both active and retired, are covered under this act. Please contact your representatives to gain further support of this legislation.

Further, the House version of this bill is referenced under HR.2325.IH.

U.S. SENATOR PATRICK LEAHY CONTACT: Office of Senator Leahy, 202-224-4242 VERMONT Panel OKs Bill To Allow Qualified, Retired Law Enforcement Officers To Answer Call Of Duty WASHINGTON (Thursday, May 17) – The Senate Judiciary Committee Thursday reported a bipartisan bill that would establish uniform standards so that trained and certified retired law enforcement officers could continue to answer the call of duty. The Law Enforcement Officers Safety Act of 2007 (S.376) revises existing laws to permit trained and certified retired law enforcement officers to carry concealed firearms in most situations. “The dedicated public servants who are trained to uphold the law and keep the peace deserve our support and our thanks,” said Senator Patrick Leahy (D-Vt.), chairman of the committee and the chief sponsor of the bill.  “We also act in our own interest when we give law enforcement officers the ability to answer the call of duty wherever they may be.” “The men and women who have served as peace officers are a tremendous resource in all of our communities,” Leahy added.   The bill enjoys support from a broad coalition in the Senate.  It is cosponsored by Senator Arlen Specter (R-Pa.), ranking member of the committee, and Senators Max Baucus (D-Mont.), John Cornyn (R-Texas), Jon Kyl (R-Ariz.), Kent Conrad (D-N.D.), Charles Grassley (R-Iowa), and Jeff Sessions (R-Ala.). The Law Enforcement Officers Safety Act of 2007 was passed by voice vote and updates a previous law that was passed in 2004 after being cosponsored by 70 senators. Below is Chairman Leahy’s statement from the meeting followed by a summary of the bill. Statement of Senator Patrick Leahy, Chairman, Senate Judiciary Committee On the Law Enforcement Officers Safety Act of 2007, S.376 Executive Business Meeting May 17, 2007 This morning the Judiciary Committee has another opportunity to consider a bill of interest to many of our law enforcement officers across the country, the Law Enforcement Officers Safety Act of 2007, S.376.  Without the cooperation of Members we did not have a quorum last week and were unable to proceed.  I hope we do better today. With the enactment of the Law Enforcement Officers Safety Act (LEOSA) in 2004, Congress and the President recognized that law enforcement officers are never “off-duty.”  Under this law, qualified retired officers seeking certification to carry a firearm have been subject to varying procedures from State to State.  Differing interpretations have complicated the implementation of the law, and some retired officers have experienced significant frustration in getting certified under LEOSA.  With the input of the law enforcement community, this bill proposes modest amendments to the current law.  For example, where a State has not set active duty standards, the retired officer can be certified pursuant to the active duty standards set by law enforcement agencies in the State.  In addition, the bill clarifies that Amtrak police officers, along with officers of the Executive branch of the Federal Government, are covered by the law.  The bill also resets at 10, the number of years of service required for a retired officer to qualify under the law, and removes the requirement that an officer be entitled to non-forfeitable benefits, which some smaller law enforcement agencies do not provide.  The requirements for eligibility still involve a significant term of service for a retired officer to qualify, a demonstrated commitment to law enforcement, and certification.  In order to qualify under the law, all officers seeking certification to carry a firearm must have retired in “good standing.”  With respect to the changes allowing a certified firearms instructor to conduct testing, the testing still must be pursuant to active duty standards, and conducted by a firearms instructor certified by the state to test active duty officers.  The dedicated public servants who are trained to uphold the law and keep the peace deserve our support and our thanks.  We also act in our own interest when we give law enforcement officers the ability to answer the call of duty wherever they may be.  For example, just recently in a tragic shooting spree that killed five people in a shopping mall in Utah, an off-duty officer, Ken Hammond, likely saved lives when he confronted a killer who was heavily armed and engaged him until other officers arrived.  He could have just as easily been a retired officer as an off-duty officer.  The men and women who have served as peace officers are a tremendous resource in all of our communities.  Earlier this week, I was honored to participate in the 26th Annual National Peace Officers Memorial ceremonies here at the Capitol hosted by The Grand Lodge of the Fraternal Order of Police and its auxiliary.  As we do each year, we gathered with the families of those who lost a loved one in 2006 in the line of duty and commemorated their sacrifice to keep us safe and secure.   This week, we honored them and the dedication and courage of the more than 900,000 men and women who put themselves on the line to protect all of us.  The technical fixes in this bill will continue our aim of establishing national measures of uniformity and consistency to permit trained and certified retired law enforcement officers to carry concealed firearms in most situations so that they may protect themselves and their families from vindictive criminals, and, when extraordinary circumstances occur, respond to the call of duty wherever they may be. I look forward to the Committee approving this bill today to make our communities safer and better to protect law enforcement officers and their families.