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FLEOA Urges Congress to Pass the Jaime Zapata and Victor Avilia Federal Law Enforcement Protection

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FLEOA Urges Congress to Pass the Jaime Zapata and Victor Avilia Federal Law Enforcement Protection Representing Members From: AGRICULTURE FEDERAL LAW ENFORCEMENT OFFICERS ASSOCIATION OIG Forest Service 1100 Connecticut Ave NW ▪ Suite 900 ▪ Washington D.C., 2006 CENTRAL INTELLIGENCE AGENCY COMMERCE Export Enforcement Phone: 202-293-1550 ▪ www.fleoa.org OIG NOAA Fisheries Law Enforcement DEFENSE Air Force - OSI Army - CID Defense Criminal Investigative Service Naval Criminal Investigative Service FLEOA Applauds Committee Passage of Jaime Zapata and Victor OIG Police EDUCATION - OIG Avila Federal Officers & Employees Protection Act, Urges full ENERGY National Nuclear Security Administration OIG Congress to Pass Bill into Law ENVIRONMENTAL PROTECTION AGENCY CID OIG FEDERAL DEPOST INSURANCE CORPORATION FOR IMMEDIATE RELEASE May 13, 2021 OIG FEDERAL HOUSING FINANCE AGENCY – OIG FEDERAL RESERVE SYSTEM Federal Reserve Board Federal Reserve Police WASHINGTON, DC – Today, Larry Cosme, President of the Federal Law Enforcement FEDERAL LAW ENFORCEMENT TRAINING CENTER GENERAL SERVICES ADMINISTRATION - OIG Officers Association (FLEOA) - the nation’s largest non-partisan, nonprofit professional HEALTH & HUMAN SERVICES Food & Drug Administration association representing 30,000 federal law enforcement officers and agents across 65 OIG HOMELAND SECURITY Border Patrol federal agencies – applauded the U.S. Senate Judiciary Committee’s passage of S.921, the Coast Guard Investigative Service Immigration & Customs Enforcement “Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act. This Customs & Border Protection Federal Air Marshal Service bipartisan, bicameral legislation introduced by Sen. John Cornyn (R-TX) and Rep. Henry Federal Protective Service U.S. Secret Service Cuellar (D-TX) closes a loophole created by a recent federal court ruling that jeopardizes Transportation Security Administration OIG HOUSING & URBAN DEVELOPMENT - OIG the safety of every federal law enforcement officer and civilian federal employee deployed INTERIOR Bureau of Indian Affairs overseas: Bureau of Land Management Fish & Wildlife Service National Park Service OIG U.S. Park Police “FLEOA appreciates the work of the Senate Judiciary Committee to approve the JUSTICE Alcohol, Tobacco, Firearms & Explosives Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act of 2021 Bureau of Prisons Drug Enforcement Administration during National Police Week. The legislation appropriately addresses a dangerous Federal Bureau of Investigation U.S. Marshals Service loophole and circuit court split created by a panel of the U.S. Court of Appeals for OIG U.S. Attorney’s Office-CI LABOR - OIG the D.C. Circuit in 2020. The loophole places all federal law enforcement officers and NATIONAL AERONAUTICS AND SPACE ADMINISTRATION – OIG civilian federal employees deployed oversees at risk. Specifically, S. 921 reinforces the NUCLEAR REGULATORY COMMISION – OIG NATIONAL SECURITY AGENCY – Police centuries old policy of enforcing federal laws extraterritoriality by penalizing OFFICE OF PERSONNEL MANAGEMENT - OIG PENTAGON FORCE PROTECTION AGENCY individuals who attack federal law enforcement officers and other federal employees POSTAL SERVICE Postal Inspection Postal OIG stationed overseas. Absent this law, federal employees around the world are targets Postal Police RAILROAD RETIREMENT BOARD for those willing to attack them and have no recourse for justice,” said President SOCIAL SECURITY ADMINISTRATION - OIG SMALL BUSINESS ADMINISTRATION - OIG Cosme. SMITHSONIAN INSTITUTE - OIG STATE DEPARTMENT Bureau of Diplomatic Security OIG TRANSPORTATION - OIG Cosme continued, “We encourage the Congress to act now, during National Police TREASURY FINCEN & OIG Week, to pass this important, bipartisan legislation and send it to the President to be Internal Revenue Service – CI Mint signed into law. This would not only protect federal officers and civilian employees TIGTA U.S. CAPITOL POLICE but all Americans overseas. With this legislation, Americans abroad know their U.S. PROBATION & PRETRIAL SERVICES U.S. SUPREME COURT POLICE VETERANS AFFAIRS country will always have their back and seek justice.” Office of Inspector General VA Police RETIREES Background: National President LAZARO “LARRY” COSME • National Executive Vice President S. 921, the “Jaime Zapata and Victor Avila Federal Officers and Employees MATHEW SILVERMAN Vice President – Operations Protection Act,” introduced in March 2021 by Senators Cornyn and Chris Coons ENID FEBUS Vice President – Agency Affairs (D-DE) addresses a gap in federal law created when a panel of the U.S. Court of BRUCE BUTLER Vice President – Membership Benefits Appeals threw out the convictions of two members of the Los Zetas drug cartel for WILLIAM HAMPSTEAD National Secretary JANISSETT SANTOS the murder of ICE Special Agent Jaime Zapata and the critical wounding of Agent National Treasurer MADELINE GORRA Victor Avila. Vice President – Legislative Affairs DOMINICK STOKES • In 2011, members of the cartel’s hit squad ambushed the two Special Agents while Immediate Past President NATHAN CATURA Executive Director they were on assignment in Mexico. DONALD MIHALEK National Chapters Director • After the Obama Administration successfully sought the extradition of the MARK HEINBACH National Awards Director attackers to the U.S. to stand trial, seven were ultimately convicted. ELIZABETH MCALEER National Recruitment Director • WILLIAM BELLER In a 2020 decision in the case of United States v. Garcia Sota, however, a panel of Retirement Director STAN SCHWARTZ the U.S. Court of Appeals for the District of Columbia Circuit vacated the Public Affairs Officer NATALIA CASTRO convictions of two of the defendants for the murder of Special Agent Zapata and the serious wounding of Special Agent Avila. • In a novel interpretation of the statute, the court ruled that 18 U.S.C. Section 1114 does not apply outside of the U.S. • This decision created a circuit split and opened a dangerous loophole in federal law that placed all federal law enforcement and other governmental personnel stationed overseas at risk. • In April 2021, after advocacy and coordination from FLEOA, DHS and the State Department sent revised text to Congress, supported by the Administration, that would clarify the extraterritorial application of three statutes under federal law: 18 U.S.C. 111 (“Assaulting, resisting, or impeding certain officers or employees”); 18 U.S.C. 115 (“Influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member”); and 18 U.S.C. 1114 (“Protection of officers and employees of the United States”). • The legislation is supported by the Women in Federal Law Enforcement, National Association of Police Organizations, Fraternal Order of Police, National Sheriffs Association, Major City Chiefs Association, National District Attorneys Association, National Association of Assistant U.S. Attorney’s, Senior Executives Association, National Organization of Black Law Enforcement Executives, NYPD Sergeants Benevolent Association, and American Foreign Service Association. ## .
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