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Washington Watch: Legislative Update
For the Week of 8 February 2010
I.
Legislative News and Activity
II. This Week in Congress
III. Update on FOP Top Legislative Priorities
IV. Update on LEOSA
V. DAY ON THE HILL 2010!
I.
LEGISLATIVE NEWS AND ACTIVITY
National President Chuck Canterbury and Executive Director Jim Pasco
met with Kevin O’Connor, Assistant to the General President for Governmental
Affairs for the International Association of Fire Fighters, and business
representatives to discuss potential business opportunities for the FOP to
consider.
Executive Director Pasco met with Bruce Cohen, Majority Chief Counsel for
the U.S. Senate Committee on the Judiciary, concerning the adverse
consequences caused by amendments introduced by Senator Tom Coburn (R-OK)
for S. 1132, the “Law Enforcement Officers' Safety Act Improvements Act.”
Senior Legislative Liaison Tim Richardson had several conversations with
Judiciary Committee staff regarding S. 1132.
II. THIS WEEK IN CONGRESS
While most Federal agencies in the greater Washington, D.C.
metropolitan area were closed Monday through Thursday because severe
weather, both the House and the Senate were in session this week, though the
House held no votes. The National Legislative Office was also closed
because of weather during this time.
Both the House and Senate will be in recess next week in observance of
President's Day.
Action in the Senate
The Senate considered several pending nominations to posts in the
executive branch.
Action in Senate Committees
The Committee on the Judiciary placed two bills of interest to the
FOP on its agenda for this week and due to the bad weather held them over
for action next week: S. 1132 and S. 1789, the "Fair Sentencing Act." The
former bill is one of the top priorities of the FOP (See Item IV. for
additional details) and the latter, which would lower sentences for
crack cocaine offenders, is a bill that the FOP opposes. We expect a
substitute amendment to be offered to S. 1789, the FOP has reviewed some
language but have not offered support to any compromise draft.
III. UPDATE ON FOP TOP LEGISLATIVE PRIORITIES
For the complete list of cosponsors for all of our top
legislative priorities, or to find out if your Representative and Senators
are cosponsors of specific bills, check out
http://thomas.loc.gov .
A. Social Security Issues
(1) Support H.R. 235/S. 484, the "Social Security Fairness Act"
We currently have three hundred and eight (308) cosponsors on H.R.
235--more than a House majority! Please note that this total differs
slightly from THOMAS, as we are not including in our count former
Representatives John M. McHugh (R-NY) and Ellen O. Tauscher (D-CA), who
resigned to take positions in the Administration, or Representative John P.
Murtha, Jr. (D-PA), who died earlier this week. Similarly, we do not
include Delegates Madeleine Z. Bordallo (D-Guam), Pedro R. Pierluisi
(D-Puerto Rico) and Gregorio Sablan (D-MP), who have limited voting rights
on the floor.
We currently have twenty-nine (29) cosponsors on S. 484. Please note that
this total differs slightly from THOMAS, as we are not including in our
count Senator Edward M. Kennedy (D-MA), who died last year.
(2) Opposing any legislation that would require the participation of
public employees in Social Security
The FOP will continue to lobby against this scheme and oppose any
legislation which would mandate participation in Social Security.
B. Support H.R. 413/S. 1611, the "Public Safety Employer-Employee
Cooperation Act"
We currently have one hundred and eighty-six (186) cosponsors on
H.R. 413 and need only thirty (30) additional cosponsors to reach a House
majority! Please note that this total differs slightly from THOMAS, as we
are not including in our count Representatives John M. McHugh (R-NY), who
resigned his seat last year to take a position with the Administration, or
John P. Murtha (D-PA), who died earlier this week.
We currently have eight (8) cosponsors on S. 1611. Please note that this
total differs slightly from THOMAS, as we are not including in our count
Senators Edward M. Kennedy (D-MA), who died last year, or Senator Mel
Martinez (R-FL), who resigned his seat last year.
C. Support H.R. 1972, the "Law Enforcement Officer’s Procedural Bill
of Rights Act"
We currently have three (3) cosponsors on H.R. 1972.
The Senate companion bill has not yet been introduced.
IV. UPDATE ON LEGISLATION AMENDING LEOSA
Senator Patrick J. Leahy (D-VT), sponsor of S. 1132 and Chairman of the
Committee on the Judiciary, has informed the FOP that he will try to move
the bill at the Committee's next Executive Session on Thursday, 25
February. Chairman Leahy and the Ranking Member, Senator Jefferson B.
Sessions III (R-AL) will offer an amendment in the nature of a substitute
which will make a few "tweaks" to the existing bill, including a provision
clarifying the status of the Federal Reserve Police.
At this time, only Senator TThomas A. Coburn. MD (R-OK) has offered
amendments to the bill. Neither amendment is related in any way to the
greater issue of public safety and both seemed designed specifically to
shatter the broad bipartisan support the FOP has put together. In
conversations with Senator Coburn's staff, we have asked him to withdraw the
amendments and support the "clean" substitute amendment. We urge all FOP
members from Oklahoma to contact Senator Coburn's office and urge him to
withdraw his amendments.
We have three (3) cosponsors on S. 1132.
We currently have nine (8) cosponsors on H.R. 3752. Please note that this
total differs slightly from THOMAS, as we are not including in our count
Representative John P. Murtha (D-PA), who died earlier this week. The bill
is similar in most respects to the Senate companion bill, S. 1132. The
House bill includes language that would also clarify the status of retired
military personnel that served as law enforcement officers in their
respective branch of service. We will continue to work with Rep. Forbes'
office to get this bill moved through the subcommittee.
V. Day on the Hill 2010: Cancelled
The FOP Day on the Hill 2010 was to begin on
Monday, 8 February, but in the interest of the safety of our members and IN
VIEW OF the paralytic effects of the blizzard effect travel to, from, and in
the greater Washington, D.C. area, National President Chuck Canterbury
cancelled the event.
National President Canterbury will work with the National Legislative Office
to reschedule the event. However, the logistics of rescheduling this event
make it unlikely that we will be able to do so.
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Grand Lodge Website |
Legislative Office Homepage
Posted 2/24/10
BUDGET AMENDMENT
Attached is a budget amendment
that would allow localities to charge CURRENT employees any portion of
the 5% they now pay. This is nothing more than a tax on current
employees. In the 80's employees had not seen a raise for several years.
Employers decided to pick up the employee portion of VRS in lieu of
giving raises. they now want to take that back and make current
employees pay the 5%.
This will be heard on the House floor tomorrow and it will be our only
chance to protect CURRENT employees from this tax increase. We need to
do everything we can to kill this amendment
Art Lipscomb
Legislative Director
Virginia Professional Fire Fighters
18 North Eighth St.
Richmond, Va. 23219
Cell 434 941-4086
Fax 804 643-4064
Posted 2/23/10
We have one chance to kill this bill before it on the Senate floor.
SB 232 Retirement System; changes early and normal
retirement ages for those employed after July 1, 2010.
Summary as introduced:
Virginia Retirement System; early and normal retirement age.
Changes the early and normal retirement ages for a person who first
commences employment on or after July 1, 2010, to coincide with the
person's early and normal retirement ages as provided under the Social
Security Act, 42 U.S.C. § 416 et seq.
Use this link to find your Senator:
http://conview.state.va.us/whosmy.nsf/main?openform
It is imperative you generate as many calls and
emails as possible to protect your retirement!
Art Lipscomb
Posted 12/15/09
FOP MAKES STRONG PUSH ON BARGAINING BILL
FOP President Leads Effort to
Include Our Bill on End of Year Agenda
Chuck Canterbury, National President of the
Fraternal Order of Police, spent all of last week in Washington, D.C.
working in tandem with the staff in the National Legislative Office in an
effort to get the language of S. 1611, “Public Employee-Employer Cooperation
Act,” incorporated into several likely pieces of legislation that Congress
will be considering before ending the session.
“We’re cautiously optimistic,” Canterbury said. “Congress has several bills
that it must complete before concluding its business for the year. The fact
is, we have a lot of bipartisan support for the bill and we’ve approached it
in a very honest and open way. We do have a chance of getting this done.”
The legislation, which was introduced by Senator Judd Gregg (R-NH) and the
late Senator Edward M. Kennedy (D-MA), would recognize the fundamental right
of public safety employees to form and join unions and bargain collectively
with their employers over wages, hours, and working conditions without
undermining existing State collective bargaining laws. The legislation
does not require binding arbitration, protects existing right-to-work laws,
and specifically prohibits strikes and lockouts. The bill has attracted a
lot of support in the House and Senate from both sides of the aisle.
“The FOP and our friends at the International Association of Fire Fighters
have been working to pass this legislation for more than a decade,”
Canterbury said. “Just as we were very close last May, winning a key
procedural vote, I do think we have the support we need. It’s the timing.”
Posted 12/15/09
HIGHWAY SAFETY AND BIG TRUCKS:
Correcting Inaccuracies Circulated
by Special Interest Lobbyists
Section 2 of H.R. 1799, the
“Safe and Efficient Transportation Act”
The Fraternal Order of Police has examined
one component of H.R. 1799, the “Safe and Efficient Transportation Act,”
which would permit States to allow six-axled vehicles up to 97,000
pounds to operate on Interstate Systems routes within that State. Current
limits allow five-axled vehicles to travel these routes carrying up to
80,000 pounds.
For the FOP and all law enforcement officers, this is an issue of officer
and highway safety and it is in that vein that the FOP examined the issue.
Large, heavy trucks operating at speed can pose a danger when incidents
occur on our nation’s highways and there is scientific data available that
suggests increasing the allowable weight of these vehicles will increase the
hazard these vehicles pose. In addition, the increased weight will cause
further stress on out nation’s infrastructure, meaning that the Interstate
highways and bridges will deteriorate at a greater pace.
Law enforcement officers, agencies and organizations which support the
increased weight limits and the addition of another axle correctly argue
that current restrictions on weight forces these large trucks off the
Interstates and onto local and State roads, where they pose a much greater
hazard to local traffic and local law enforcement officers. Data supports
the conclusion that trucks operating on Interstates have significantly less
accidents than trucks operating on secondary roads. Additionally, trucks
which are forced onto secondary roads have a much greater impact on
infrastructure, the repair and maintenance of which comes from local and
State budgets. Finally, scientific studies suggest that the additional
breaking power of the sixth axle offsets the hazard presented by the
additional weight.
Proponents of increasing the weight limit argue that this will reduce the
number of truck miles traveled, but opponents of the heavier trucks counter
that, over time, as more trucks are produced or retrofitted with the sixth
axle, these vehicles will return to the highways in equal numbers.
The issue for the FOP is one of safety. However, this issue is clouded by
special interests which all claim to have highway safety as their paramount
concern. These special interests are spending significant amounts of money
in this debate and their efforts have completely clouded reliable scientific
data as to how any change in the weight limits would affect officer and
highway safety.
While individual law enforcement leaders and local/State organizations may
have taken different positions on this issue, responsible, national
organizations like the National Troopers Coalition and the Fraternal Order
of Police will not. No segment of our nation’s law enforcement officers
will be more affected by this provision than State and Highway patrolmen and
without greater consensus on this issue on the part of these officers, the
FOP will continue to monitor and research, but will take no position at this
time.
For more information on this issue, contact the National Legislative Office.
Posted 8/17/09
Gubernatorial candidate Bob McDonnell
McDonnell
Announces Anti-Gang Policy
Questions for Governor’s
Candidates
McDonnell Public
Safety highlights
Letters for Packet
Gubernatorial candidate McDonnell pitches his views to police
FOP COVER LETTER FINALE
Public Safety Policy
RollOut
Posted 8/17/09
Flyer for Steve Shannon
Posted 8/17/09
Message from Attorney General Candidate
Posted 8/17/09
The Gates Case: After Action Report
by Jim
Pasco, Executive Director
On the morning of 23 July 2009, at the direction of National President Chuck
Canterbury, I contacted the White House to advise them of the FOP’s concerns
regarding the President’s remarks at the previous night’s press conference
which were directed at Sergeant James Crowley and the Cambridge Police
Department. I also advised them that National President Canterbury would
issue a formal statement later in the day.
I was subsequently contacted by a second member of the White House staff,
who told me that all other police groups had committed to remain silent on
the issue. I told this staff member that we were unlikely to remain
silent. I suggested that he call National President Canterbury, who was
in a travel status, and gave him National President Canterbury’s cell phone
number. I immediately called National President Canterbury and briefed him
on both my conversations with White House staff.
About ten minutes later, National President Canterbury, having by then
spoken with the White House himself, coordinated with Arnie Larson,
President of the Massachusetts State Lodge, and instructed the Washington,
D.C. office to issue a strong statement in support of Sgt. Crowley and the
Cambridge Police Department. We did so at approximately 3 pm that
afternoon. By early that evening, as a result of FOP leadership on the
issue, all other national police groups--except the National Association of
Police Organizations (NAPO)–rethought their positions and also made
statements in support of the men and women of the Cambridge Police
Department.
We were inundated with media calls but only responded to print media to
ensure a clear and moderate message. National President Canterbury declined
all invitations to appear on talk shows and television news programs.
On the following day, we were happy to comply with a White House request to
help facilitate a call from President Obama to Sgt. Crowley, the content of
which has been extensively reported.
There is no doubt that the FOP’s prompt, thoughtful, and aggressive action
ultimately mininmized potential adverse fallout from this matter, and
brought focus to the simple fact that Sergeant James Crowley is a good
police officer in a good department, and that he and his colleagues were
merely doing their jobs that day–and doing them well.
Posted 2/15/09
Byrne-JAG and COPS Funding Retained in
Final Stimulus Bill
Chuck Canterbury, National President of the
Fraternal Order of Police, expressed his satisfaction, and a certain measure
of relief, with the news that funding for the Edward J. Byrne Memorial
Justice Assistance Grant (Byrne-JAG) program and the Office for Community
Oriented Policing Services (COPS) hiring program remained part of the
economic stimulus package following the work of the conference committee.
“Our staff worked through last weekend and all this week, pushing hard to
make sure that this vital law enforcement funding would be part of whatever
stimulus package Congress came up with,” Canterbury said. “State and local
law enforcement efforts have been hurting with the severe cuts imposed last
year. Restoring this funding is absolutely necessary if we are to keep our
streets and neighborhoods safe.”
Canterbury traveled to Washington, D.C. earlier this week and, on Monday,
met with key Congressional leaders to lobby for their support to retain the
Byrne-JAG and COPS funding provisions in the bill.
The economic stimulus bill, H.R. 1, the “American Recovery and Reinvestment
Act,” passed the House in late January on a straight party-line vote. Over
the weekend, the Senate amended the bill significantly and passed it on a
61-37 vote. This week, a House-Senate conference committee reconciled the
two different versions into a single bill for consideration. The FOP was
afforded the opportunity to review documents which indicate that the final
numbers for State and local law enforcement assistance will be very close to
the House-passed mark, which provided $3 billion for the Byrne-JAG program
and $1 billion for the COPS hiring program.
“We may have a few more battles to fight along the way, but the outcome,
for our funding at least, looks very positive,” Canterbury said.
posted 2/7/09
Senate Cuts Deal on Stimulus; Retains Full
Funding for COPS
Byrne-JAG Grants also funded at twice FY08 Level
Chuck Canterbury, National President of the
Fraternal Order of Police, welcome this weekend’s news that a deal had been
worked out to pass the economic stimulus package, which includes more than
$1 billion for the Edward J. Byrne Memorial Justice Assistance Grant
(Byrne-JAG) program and $1 billion for the hiring program administered by
the Office of Community Oriented Policing Services (COPS).
“We had quite a fight on our hands long into Friday night and throughout the
weekend,” Canterbury explained. “Senators were looking to reduce the
overall cost of the House bill and many were looking to cut critical funding
for State and local law enforcement. Fortunately, most of the targeted
funds survived and should be part of the final bill.”
The House bill, H.R. 1, the “American Recovery and Reinvestment Act,” passed
in late January on a straight party-line vote. The Senate has spent the
last two weeks debating its own bill and trying to craft an amendment that
would get them the sixty votes needed to pass the bill. Senators E.
Benjamin Nelson (D-NE) and Susan M. Collins (R-ME) offered a language that
should attract sixty votes.
“These are critical funds, and it is entirely appropriate for them to be
included in this package,” Canterbury explained. “The COPS hiring program
will be able to add 13,000 more officers to the streets over the next three
years, and the Byrne-JAG program will support a diverse range of law
enforcement, prosecutorial, and other criminal justice initiatives in
communities across the country, including multijurisdictional drug and gang
task forces, cold case units, identity theft investigations, school violence
prevention programs, services for threatened jurors, witness protection
programs, and victims’ rights and hate crime programs.”
The other programs funded in proposed amendment are as follows:
- •
$1.05 billion for the Edward J. Byrne Memorial Justice
Assistance Grant Programs;
- •
$1 billion for the hiring
program administered by the Office of Community Oriented Policing
Services;
- •
$440 million for competitive
grants to support prevention and intervention programs, as well as
certain prosecutorial activities
- •
$300 million for assistance to
tribal law enforcement;
- •
$300 million for programs
established by the Violence Against Women Act;
- •
$150 million for assistance to
law enforcement in rural areas, to prevent and combat crime,
especially drug-related crime
- •
$100 million to combat criminal
activity stemming from the southwest border;
- •
$100 million for victims’
assistance programs; and
- •
$50 million for internet crimes
against children initiatives.
The Senate expects to vote to end debate on the measure on Monday and to
pass the final bill sometime early next week. The differences between the
House-passed bill (H.R. 1) and the expected Senate bill (S. 1) will be
reconciled by a conference committee.
“Key members of both houses have already reached out to secure our support
and help in making sure these funds remain in the final bill,” Canterbury
said. “We’ve come out on top after a tough fight, but there’s still some
battles to be fought ahead.”

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