Legislative Information

Washington Watch: Legislative Update
For the Week of 5 May 2008
 
 
In This Week’s Edition
 
I.      This Week in Congress
II.     Update on FOP Top Legislative Priorities
III.    Update on LEOSA
IV.     FOP NEWS: Congressional Questionnaire Posted
V.      Other Legislative News


I.   THIS WEEK IN CONGRESS

The House and Senate were both in session. 

Action in the House
The House considered and passed H.R. 1512, a bill that would compensate States for incarcerating persons present in the United States who have been charged with a felony or two or more misdemeanors, on a voice vote.

The House considered and passed H.R. 5937, a bill to facilitates the preservation of certain affordable housing, on a 345-73 vote.


Action in the Senate
The Senate continued its consideration of H.R. 2881, the "Federal Aviation Administration Authorization Act."  The bill would authorize appropriations for the Federal Aviation Administration for fiscal years 2008 through 2011.

The Senate also considered H.R. 3121, the "Flood Insurance Reform and Modernization Act."  The bill would amend the financial solvency of the flood insurance fund and provide such program for coverage for damage resulting from windstorms and floods, as well as other purposes.


II.  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. 82/S. 206, the "Social Security Fairness Act"

We added two (2) new cosponsors to H.R. 82, bringing our current total to three hundred thirty-three (333) cosponsors--more than seventy-five percent (75%) of the House--on H.R. 82.  Please note that this total differs slightly from THOMAS, as we are not including in our count Delegates Madeleine Z. Bordallo (D-Guam), Donna M. Christensen (D-VI), Luis Fortuno (R-PR), and Eleanor Holmes Norton (D-DC), who have limited voting rights on the floor.  We are also not including Representatives Julia Carson (D-IN), Paul Gillmor (R-OH), Tom Lantos (D-CA), Juanita Millender-McDonald (D-CA), or Charlie Norwood (R-GA), all of whom have died this year.  Similarly, Representatives Bobby Jindal (R-LA) and Martin Meehan (D-MA), who resigned their seats, are also not included in our count.

In January, National President Chuck Canterbury sent a letter to the Chairman of the Social Security Subcommittee, Representative Michael R. McNulty (D-NY), urging him to take action on the bill.  Chairman McNulty has not yet replied.

That letter can be found here: http://www.fop.net/publications/archives/letters/2008_0108.pdf

We currently have thirty-six (36) cosponsors on the Senate companion bill, S. 206.

The National Legislative Office has identified fifteen (15) Members from ten (10) States which had previously cosponsored this bill in the 109th Congress.  A list of these Members has been forwarded to the National Legislative Committee, who will in turn distribute it to the State Legislative Contacts and leaders in the appropriate States.


(2)  Opposing any legislation that would require the participation of public employees in Social Security
This issue was discussed in both hearings mentioned above.  While no legislation has been introduced with a provision that would mandate the inclusion in Social Security of public employees currently not in the system, the FOP included in its testimony to the Subcommittee our strong opposition to such a scheme.


B.  Support H.R. 980/S. 2123, the "Public Safety Employer-Employee Cooperation Act"
The Senate is scheduled to vote on invoking cloture on the motion to proceed to the consideration of H.R. 980 (See Item IV, the LEGISLATIVE ALERT).  To win this vote, we are going to need sixty (60) votes, so it is very important that all FOP members contact their Senators and ask them to support H.R. 980.  We need a strong effort from our grassroots members to win this vote!

The FOP is actively engaged in rebutting the arguments of the International Association of Chiefs of Police (IACP) and the National Sheriffs' Association (NSA), as well as Administration officials.  National President Canterbury sent a letter to Senate leadership urging support for the bill, which can be found here: http://www.fop.net/publications/archives/letters/2008_0509.pdf

In addition, we sent out a press release (See Item V below) that was sharply critical of certain argument against the bill.

Remember, the U.S. House of Representatives considered and passed H.R. 980 under a suspension of the rules on a 314-97 vote in July of last year.  The result of that vote, Roll Call #633, can be viewed here:  http://clerk.house.gov/evs/2007/roll633.xml

The bill was transmitted to the Senate for further action, and the Senate will take up H.R. 980, NOT S. 2123, on Tuesday morning, 13 May. 

This vote will be the first in a series of procedural votes that we will need to win with sixty (60) before we get to final passage on the bill.

The FOP's Frequently Asked Questions (FAQ) about the legislation can be found here: http://www.fop.net/legislative/issues/bargain/hr980faq.pdf

We encourage members to refer to that when contacting their Senate offices.

In addition, we added one cosponsor, Senator Benjamin L. Cardin (D-MD) to the Senate companion bill, S. 2123.

All F.O.P. members should call their Senators at their Washington offices (or through the U.S. Capitol Switchboard at 202-224-3121) and urge them to vote in favor of cloture on the motion to proceed to H.R. 980, the "Public Safety Employer-Employee Cooperation Act."


C.  Support H.R. 688/S. 449, the "State and Local Law Enforcement Officers' Discipline, Accountability, and Due Process Act"

We added one (1) cosponsor to H.R. 688 this week, bringing our current total to fifty-two (52).  Please note that this total differs slightly from THOMAS, as we are not including Representative Jo Ann Davis (R-VA), who recently died.

We currently have five (5) cosponsors on S. 449.


III.    UPDATE ON LEGISLATION AMENDING LEOSA

We currently have fourteen (14) cosponsors on H.R. 2726.  The bill was the subject of a hearing before the House Subcommittee on Crime, Terrorism, and Homeland Security in early September.  The testimony offered at that hearing by National Treasurer Tom Penoza can be found on the FOP website.

The Senate bill, S. 376, which was favorably reported by the Committee on the Judiciary in May, has nine (9) cosponsors.

The language in S. 376 and H.R. 2726 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 bill 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.


IV.     FOP LEGISLATIVE ALERT: COLLECTIVE BARGAINING VOTE NEXT WEEK!!!

H.R. 980 LEGISLATIVE ALERT:
The Senate will be holding the first procedural vote on H.R. 980, our collective bargaining bill, on Tuesday, 13 May!!!

CALL FOR IMMEDIATE ACTION:
All F.O.P. members should call their Senators at their Washington offices (or through the U.S. Capitol Switchboard at 202-224-3121) and urge them to vote in favor of cloture on the motion to proceed to H.R. 980, the "Public Safety Employer-Employee Cooperation Act."

The vote on Tuesday morning will be the first of several votes that we will need to win in order to get this bill to the President's desk.  The "motion to proceed" is a procedural vote that will "start the clock" on debate on the bill.  The motion to proceed will be the target of a filibuster, so we will need sixty (60) votes to win.

This is a procedural vote, so even if your Senators are not willing to vote in favor of final passage on the legislation, ask them to vote in favor of cloture on the motion to proceed!!!

It is also important to know and be able to counter the arguments against the bill.  You should emphasize that the bill does not require binding arbitration, protects existing right-to-work laws, and specifically prohibits strikes and lockouts. The legislation merely requires that States “substantially provide” for the following rights and responsibilities:

• the right to form and join a labor organization;

• the right to bargain over hours, wages, and the terms and conditions of employment; and

• the availability of an “interest impasse resolution mechanism such as fact-finding, mediation, arbitration, or comparable procedures".

Additional talking points to use when making your case:

• Last July, H.R. 980, was favorably reported by the House Committee on Education and Labor on a 42-1 vote.  Later that same month, the U.S. House of Representatives passed the bill on a 314-97 vote.
• The House bill won a majority of votes from BOTH party caucuses.
• The bottom line for both public safety employers and employees is not profit for shareholders, but to best ensure the safety of the officers, to bring them home safely at the end of their shift and to deliver emergency services in the fastest and most efficient way possible.
• It is irresponsible and offensive to suggest that collective bargaining would impede or jeopardize the ability of law enforcement officers to do their jobs.  Their lives are on the line everyday, agreement or no agreement and to suggest that response to a critical incident would be used as a bargaining chip is reprehensible.

You can get additional information on the bill, and can direct Senate staff to, the Frequently Asked Questions (FAQs) on the Grand Lodge website: http://www.fop.net/legislative/issues/bargain/hr980faq.pdf

If any of the Senator's staff that you speak with have additional questions about the legislation, tell them to contact Tim Richardson at in the FOP's National Legislative Office at 202-547-8189

This is our chance to pass H.R. 980 and we need your help!!!  The IACP and National Sheriffs' Association are working and calling the Hill urging Senators to kill this bill.  Without grassroots activity from the rank-and-file, they could win!

We need all FOP members to CONTACT THEIR SENATORS IN THEIR WASHINGTON, D.C. OFFICE NOW AND ASK THEM TO VOTE IN FAVOR OF CLOTURE ON THE MOTION TO PROCEED TO H.R. 980, THE  "PUBLIC SAFETY EMPLOYER-EMPLOYEE COOPERATION ACT"!!!

CALL NOW AND WATCH YOUR EMAIL AND THE FOP WEBSITE FOR ADDITIONAL LEGISLATIVE ALERTS!!!


V.   FOP NEWS: FOP PRESIDENT BLASTS BARGAINING OPPONENTS: Senate to Begin Consideration of the Bill Next Week

Chuck Canterbury, National President of the Fraternal Order of Police, harshly criticized certain arguments advanced by some opponents of H.R. 980, the “Public Safety Employer-Employee Cooperation Act,” which the Senate will begin to consider on the floor next week.

“I urge Senators to reject the convoluted logic and dangerous demagoguery of the opponents of this critically important bill,” Canterbury said.  “There is a great deal of misinformation circulating on Capitol Hill about the impact this legislation will have, and some of it is even coming from Administration officials–officials who know that their assertions are incorrect.”

On Tuesday, 13 May, the Senate will hold a procedural vote on a motion to proceed to the consideration of H.R. 980.  This will be the first vote in a series and sixty (60) votes in favor of cloture on the motion will be needed before the Senate can begin to debate the bill itself.  The House passed the bill last July on an overwhelming 314 to 97 vote, after being favorably reported by the Committee on Education and Labor on a 42-1 vote.  This legislation is bipartisan and won support from a majority of both party caucuses.

In a letter to Senate leadership, Canterbury expressed a sense of outrage against opponents of the bill who suggested that collective bargaining was counterproductive to public safety and may undermine emergency response to a critical incident. 

“It is deeply offensive to suggest that the men and women who put their lives on the line every day would use emergency response as a bargaining chip,” Canterbury said.  “Virtually every public safety agency that responded to the attacks on the United States in 2001 were covered by collective bargaining agreements and no one would suggest that those agreements at all impeded the ability of the managers and employees to work together during those dark and difficult days.”

The bill 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. 

“Public safety agencies are rightly encouraged, and sometimes required by Congress or the Administration, to cooperate in every facet of their work, why not allow meaningful cooperation between managers and the employees in the workplace?” he asked.

In responding to inquiries regarding a recently issued veto threat from the White House, Canterbury said, “This Administration has a responsibility to display leadership in coordinating local, State, and Federal resources–especially public safety resources, but cannot be allowed to use a perverted interpretation of that responsibility as a weapon against the basic rights of public safety professionals.  On three separate occasions, the President has personally assured us he would sign this bill if it reached his desk.  I will ask him to reject the advice of his advisors and sign the bill.”

VI.   FOP NEWS: FOP Urges Congress to Restore Byrne-JAG Funding, Program Key Component in Nation’s Fight Against Violent Crime

Chuck Canterbury, National President of the Fraternal Order of Police, called on Congress to restore funding to the Edward J. Byrne Memorial Justice Assitance Grant (Byrne-JAG) program which is a key component of the nation’s fight against violent crime.  The FOP was very pleased to learn that full restoration of this crucial funding is included in the Senate version of the FY08 emergency supplemental bills this week.

“The FOP understands the purpose of this bill is to fund the continuing operations in Iraq and Afghanistan in support of our troops overseas,” Canterbury said.  “We strongly support those efforts, but also believe that ‘hometown’ security is part of our nation’s overall anti-terrorism strategy.”

The Byrne-JAG program, within the Department of Justice, was cut by more than two-thirds in the FY08 omnibus appropriations bill to $170 million in FY08 from $520 million in FY07.  In an amazing display of bipartisanship, a total of 218 Representatives and 56 Senators signed letters asking that at least $430 million for the Byrne-JAG program be included in the upcoming emergency supplemental appropriations bill. 

“State and local law enforcement agencies rely on Byrne-JAG to fund multijurisdictional drug and gang task forces, police training, technology improvements, as well as a host of crime prevention and crime victims’ assistance programs,” Canterbury said.  “I strongly urge  Congress to keep Byrne-JAG program funding in this emergency supplemental bill.”


VII.   FOP NEWS : REAL ID is about Officer Safety: Secure Drivers’ Licenses Needed to Fight Identity Theft and Fraud

Chuck Canterbury, National President of the Fraternal Order of Police, along with the organization’s Pennsylvania State Lodge, joined together today in urging the Committee on Intergovernmental Affairs in the Commonwealth’s House of Representatives to adopt greater safeguards and anti-fraud measures to bring Pennsylvania into full compliance with the REAL ID Act.

“For the FOP, this is very much an officer safety issue,” Canterbury explained.  “Law enforcement officers need to have confidence that the documents presented to them to establish the identity of a given individual are accurate.  Officers rely on these documents during traffic stops and other law enforcement actions to access information related to that individual’s criminal history.  No police officer wants to be in the dark about the fact that he may have detained a wanted and violent criminal who has simply obtained false identification.”

Canterbury pointed to a large scale developing case in Pennsylvania involving an organized drug and arms trafficking ring involving more than forty violent offenders, many of whom used fraudulent identities using birth certificates and Social Security numbers taken from deceased children.  Using this information, these criminals were able to lawfully purchase firearms, because the names and licenses they used triggered no “red flags,” even though they were all convicted felons.  These identities allow them to evade law enforcement detection–enabling them to operate a successful cocaine distribution network until a plane crash containing a huge amount of cocaine led to the capture of several of the organization’s members.

“The Commonwealth does not check Social Security numbers against death records,” said Mark Koch, President of the Pennsylvania State Lodge.  “This is a loophole in Pennsylvania that has been identified and exploited by criminals, and we want to work with the Committee to get it fixed.”

The FOP is working with other law enforcement organizations and other stakeholder groups like the Coalition for Secure Drivers’ Licenses at the State level to educate members of State government about the need for compliance with the REAL ID Act and why it is important to law enforcement and effective anti-crime strategies.

“Organized criminal operations no longer have a ‘hideout’ to avoid detection or capture by law enforcement,” Canterbury said.  “Now, they can hide in plain sight by changing their identities.  It presents a real danger to the officer and to public safety.  As the implementation of the REAL ID Act goes forward, law enforcement will be able to better combat identity theft, our officers will be safer, and our homeland will be more secure."

VIII.  FOP NEWS: Model Congressional Questionnaire Posted on Website
A model questionnaire for use by State and local Lodges to aid them in evaluating candidates for Congress has been posted on the main page of the Grand Lodge website.  The questions are drawn from issues being lobbied by the Grand Lodge on Capitol Hill.

You can find it here: http://www.fop.net/legislative/congquest08.pdf

It is particularly important for the State and local Lodges to endorse candidates who support our  top priority items and oppose those candidates who do not.  The success of the National Legislative Program depends on having an active grassroots base and on electing lawmakers who support our pro-law enforcement agenda.


IX.  OTHER LEGISLATIVE ACTIVITY
Executive Director Jim Pasco and Senior Legislative Liaison Tim Richardson met with Dr. David W. Hagy, Director of the National Institute of Justice (NIJ), along with Dr. John Morgan, Assistant Director for Science and Technology at the NIJ, and Marc H. Caplan, Director of the Technology Assisstance Division at the NIJ to preview the new NIJ standard for soft body armor.  The ongoing NIJ effort to develop a law enforcement-based standard for personal protective equipment was also discussed.

Senior Legislative Liaison Richardson has held daily conference calls with staff from the offices of Senators Judd Gregg (R-NH) and Edward M. Kennedy (D-MA), as well as other stakeholder groups, regarding the upcoming vote on H.R. 980.

Senior Legislative Liaison Richardson represented the FOP at the rollout of the new NIJ standard for soft body armor in Annapolis, MD.

Legislative Liaison Jon Gentile represented the FOP at a meeting of the Labor Liaisons of the Labor Advisory Committee for Trade Negotiations and Trade Policy.

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