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From FOP
Sept. 13, 2007

Legislation Amending LEOSA

On Thursday, 6 September, the House Subcommittee on Crime, Terrorism, and Homeland Security held a hearing on the implementation of the Law Enforcement Officers' Safety Act (PL 108-277) and on legislation to amend current law, H.R. 2726. National Treasurer Tom Penoza testified at the hearing and urged the Subcommittee to consider and pass H.R. 2726. His testimony can be found on the FOP website.

The legislation currently has twelve (12) cosponsors.

The Senate bill, S. 376, which has nine (9) cosponsors as of today, was favorably reported by the Committee on the Judiciary in May. The written report accompanying the bill was released on Thursday, 6 September, but is not yet available online.

On 2 August, the Senate Judiciary Committee considered and favorably reported a draft bill entitled the "School Safety and Law Enforcement Improvement Act." The language of S. 376 has been incorporated into Title IV of this measure. The draft does not yet have a bill number.

The language in S. 376, H.R. 2726, and Chairman Leahy's draft bill would improve certain provisions of the Law Enforcement Officers' Safety Act (LEOSA), especially with respect to retired law enforcement officers. The legislation would also make clear that law enforcement officers employed by the Amtrak Police Department and the executive branch of the Federal Government who are classified as a GS-0083 meet the definition of "qualified law enforcement officer" in the LEOSA. The Senate bills would also lower the aggregate years of service needed to meet the definition of "qualified retired law enforcement officer" from fifteen (15) to ten (10) and removes confusing language related to that same definition.

FOP NEWS: FOP Supports LEOSA Amendments Bill to Help Retired Officers, Offers Testimony before House Subcommittee in Support of H.R. 2726

Chuck Canterbury, National President of the Fraternal Order of Police, urged the House Subcommittee on Crime, Terrorism, and Homeland Security to consider H.R. 2726,the “Law Enforcement Officers’ Safety Act,” which would amend the existing law of the same name in effort to help retired officers whose efforts to comply with the law have been frustrated in some States and localities over paperwork.

“Our chief concern here is the way that the law is being implemented in some States, which are refusing to provide the required documents to retired officers,” explained Canterbury. “The legislation introduced by Representative Forbes will ensure fair treatment of the retired officers who wish to carry their firearm after they have left the job.”

The hearing focused on some of the implementation problems being faced by some officers in some States, particularly retired officers, who have an addition documentary requirement under the current law. Some States are refusing to provide an opportunity for retired officers living in their States to qualify with their firearm and, without a document certifying the officer has qualified within the previous year, a retired officer cannot meet the paperwork requirements of the Federal law.

“This issue was specifically addressed when the original bill was approved by the House Judiciary Committee in 2004,” Canterbury said. “But some States persist in refusing retired officers the required documentation, so we need to amend the law.”

The bill, which was introduced by Representative J. Randy Forbes (R-VA) would amend of the current Law Enforcement Officers’ Safety Act (LEOSA), especially with respect to retired law enforcement officers, and would make clear that law enforcement officers employed by the Amtrak Police Department and the executive branch of the Federal Government who are classified as a GS-0083 meet the definition of “qualified law enforcement officer” in current law. The bill would also delete confusing language in the definition “qualified retired law enforcement officer.”

The FOP is currently engaged in support of three pieces of legislation to amend the LEOSA. The House Subcommittee hearing focused on H.R. 2726. Earlier this year, the Senate Committee on the Judiciary considered and favorably reported nearly identical legislation, S. 376. More recently, the Senate Judiciary Committee favorably reported draft legislation entitled the “School Safety and Law Enforcement Improvement Act.” This legislation has not yet been assigned a number by the clerk.