Legislative Information
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Washington Watch: Legislative Update
For the Week of 24 May 2010

I. Legislative News and Activity
II. This Week in Congress
III. Update on FOP Top Legislative Priorities
IV. Update on LEOSA
V. FOP NEWS: Collective Bargaining Bill Update!!!
VI. FOP NEWS: FOP President Defends AZ Law Enforcement

I. LEGISLATIVE NEWS AND ACTIVITY
National Vice President David Hiller was in Washington, DC to testify before the U.S. Sentencing Commission on mandatory minimum sentences.

National Treasurer Tom Penoza and Executive Director Jim Pasco attended a reception hosted by Vice President Joseph Biden at his residence.

Executive Director Pasco had several conversations with Harold A. Schaitberger, President of the International Association of Fire Fighters (IAFF) and Kevin O'Connor, Assistant to the General President of the IAFF, concerning movement on our collective bargaining bill. (See Item V for details.)

Executive Director Pasco had a conversation with Senator Christopher Dodd (D-CT) concerning movement on our collective bargaining bill.

Executive Director Pasco spoke to staff in the office of Senate Majority leader Harry Reid (D-NV) concerning movement on our collective bargaining bill.

Executive Director Pasco had a conversation with Terry Lierman, Chief of Staff to House Majority Leader Steny Hoyer (D-MD), concerning movement on our collective bargaining bill.

Executive Director Pasco had a conversation with Michele Leonhart, the Acting Administrator of the Drug Enforcement Administration, about her nomination to the post.

Executive Director Pasco had an introductory meeting with Jane Holl Lute, Deputy Secretary of Homeland Security.

Executive Director Pasco met with staff in the Office of the Vice President concerning immigration issues.

Executive Director Pasco met with Jim Garland, Deputy Chief of Staff and Counselor to the Attorney General, about the interaction between the FOP and the Department of Justice.

Senior Legislative Liaison Tim Richardson met with U.S. Representative Michael A. Ross (D-AR) regarding the FOP's support for H.R. 5143, the "National Criminal Justice Commission Act."

Senior Legislative Liaison Richardson represented the FOP at a meeting of the Coalition to Assure Retirement Equity (CARE), a stakeholder group organized to pass H.R. 235/S. 484, the "Social Security Fairness Act."

Senior Legislative Liaison Richardson was in constant contact with key staff with the Committee on Health, Education, Labor and Pensions, with respect S. Amdt. 4174, the Reid Amendment. (See Item V. for greater detail)

II. THIS WEEK IN CONGRESS
Both the House and the Senate were in session this week; both chambers will be in Recess next week in honor of Memorial Day.

Action in the House
The House may consider H.R. 4213, the “American Workers, State and Business Relief Act of 2010,” before the chamber recesses

The House considered H.R. 5136, a bill to authorize appropriations for fiscal year 2011 for military activities of the Department of Defense. The bill is expected to pass before the chamber recesses.

Action in the Senate
The Senate considered and passed H.R 4899, a bill making emergency supplemental appropriations for disaster relief and defense funding for the fiscal year ending Sept. 30, 2010, on a 68-27 vote. The bill provides $33.5 billion for the Defense Department for the addition of 30,000 troops in Afghanistan, $2.6 billion for the Afghan security forces, $1 billion for the Iraq security forces, 5.1 billion to pay for costs of past disasters, including hurricanes Katrina and Rita, and partially funds the Obama administration’s request for operations related to the Gulf of Mexico oil spill, with a total of $94 million in the measure.

Action in Senate Committees
The Committee on the Judiciary, Subcommittee on Constitution held a hearing on the legality and of different line-item veto proposals.

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 sixteen (316) 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 Nathan Deal (R-GA), Eric Massa (D-NY), John M. McHugh (R-NY), Ellen O. Tauscher (D-CA), and Robert Wexler (D-FL), all of whom who resigned their seats, as well as John P. Murtha (D-PA), who recently died. In addition, 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, are also not included in our total.

We currently have thirty (30) 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/S. 3194, the "Public Safety Employer-Employee Cooperation Act"
This was a busy week for our efforts to pass our collective bargaining bill as part H.R. 4899, the “Supplemental Appropriations Act.” After working closely with both House and Senate leadership we were unable to add the legislation to the bill. (See Item V for details)

We added four (4) cosponsors to H.R. 413 bringing our current total to two hundred and eighteen (218)--more than 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) and Robert Wexler (D-FL), who resigned their seats, or John P. Murtha (D-PA), who recently died. In addition, Delegates Eleanor Holmes Norton (D-DC) and Pedro R. Pierluisi (D-Puerto Rico), who have limited voting rights on the floor, are also not included in our total.

The National Legislative Office continues to focus on the bill's cosponsors in the previous Congress. FOP members should also reach out to their Senators and Representative and ask them to cosponsor this important legislation.

We added one cosponsor, Senator Bob Menendez (D-NJ), to S. 1611 bringing our current total to currently have twenty-three (23). 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.

In addition to S. 1611, Senate Majority Leader Harry M. Reid (D-NV) introduced S. 3194, which is identical to S. 1611. Senator Reid took this step and initiated a first reading of the bill, which will allow S. 3194 to be considered directly on the floor without having to be referred to a committee. Either bill, S. 1611 or S. 3194 could be taken up by the Senate. If the House passed H.R. 413, the Senate would take up that bill.

C. Support H.R. 1972, the "Law Enforcement Officer’s Procedural Bill of Rights Act"
We added two (2) cosponsors to H.R. 1972 bringing our current total to nine (9).

The Senate companion bill has not yet been introduced.

D. Support H.R. 673, the “Law Enforcement Officers’ Equity Act"
We added one (1) cosponsor to H.R. 673 bringing our current total to twenty-nine (29). Please note that this total differs slightly from THOMAS, as we are not including in our count Representative John M. McHugh (R-NY) and Robert Wexler (D-FL), who resigned their seats.

The Senate companion bill has not yet been introduced.

IV. UPDATE ON LEGISLATION AMENDING LEOSA
Earlier this month, the Senate passed S. 1132 by unanimous consent. This legislation has been referred to the House Committee on the Judiciary for further consideration.

We added one (1) cosponsor to H.R. 3752 bringing our current total to twelve (12). Please note we are not including in our count Representatives Eric Massa (D-NY), who resigned his seat, or John P. Murtha, who died earlier this year. 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.

V. FOP NEWS: Collective Bargaining Bill Update!!!

Working around the clock all week, the staff in the National Legislative Office has been involved in intense negotiations with our allies in both the House and the Senate in an effort to ensure that our collective bargaining bill would be included in H.R. 4899, the "Supplemental Appropriations Act,". Early this week, Senate Majority Leader Harry M. Reid (D-NV) offered the text of S. 1611/S. 3194, the "Public Safety Employer-Employee Cooperation Act," as an amendment to H.R. 4899, which provides additional funding for U.S. military forces in Iraq and Afghanistan, as well as disaster relief for areas affected by the BP oil spill in the Gulf of Mexico.

After Senator Reid offered his amendment, opponents of collective bargaining offered hostile second degree amendments. Subsequently the Parliamentarian ruled Reid’s amendment out of order, as we expected.

We want to ensure that all of our members are fully informed as this procedural maneuvering plays out, so as not to be taken in by false rumors, like the "carve out" amendment. Senator Michael B. Enzi (R-WY), the Ranking Member on the Committee on Health, Education, Labor and Pensions (HELP), has offered seven second degree amendments to the collective bargaining amendment. The staff in the National Legislative Office has reviewed the language from all amendments, none of which would "carve out" any particular State, office or agency. If the amendment should be considered, we will oppose each of the second degree amendments.

When it seemed that the Senate would not be able to include the Amendment, the Legislative Office focused its energy on the House, and was in contact with leadership offices, particularly Majority Leader Steny Hoyer (D-MD). Unfortunately, due to the necessity of passing the bill quickly, the House mark-up was cancelled, and there will be limited if any opportunity to include our collective bargaining bill as part of H.R. 4899, the “Supplemental Appropriations Act.”

Despite not being able to include our collective bargaining bill as part of H.R. 4899, Majority Leader Reid says he is still committed to finding a way to pass this bill. The FOP remains determined to passing this bill this Congress and will continue to work with our allies is both Chambers to see that it is done.

VI. FOP NEWS: FOP President Defends AZ Law Enforcement

Chuck Canterbury, National President of the Fraternal Order of Police, stated his strong support for law enforcement officers in Arizona, who will soon be charged with enforcing the new State statute to combat illegal immigration and human trafficking.

"Our members in Arizona are justifiably offended with some of the assumptions that have been made by the media, pundits, and even elected officials who insinuate or state outright that these professional law enforcement officers will use the new law as a pretext to engage in unlawful racial profiling," Canterbury said. "They are angry and rightly so."

The statute, Arizona Senate Bill 1070, the Support Our Law Enforcement and Safe Neighborhoods Act, has been criticized by many outside of the State as being too harsh or unfair to persons unlawfully present in the United States and Arizona. From the perspective of Arizona law enforcement officers, it is extremely offensive to suggest that the law means officers will engage in racial profiling.

"Honest policy differences are both healthy and expected in the public forum, but some critics have really crossed the line," Canterbury said. "In their haste to criticize the law, I do not think they have stopped to think that its very insulting to law enforcement officers to hear that they will engage in biased policing, as if these officers do not understand the concept of reasonable suspicion or probable cause."

The law, which will go into effect this summer, obligates officers to make an attempt, when practicable, during a lawful stop to determine the individual's immigration status if there is a "reasonable suspicion" that the person is in the United States illegally. The individual may be arrested if there is probable cause to believe that their presence is unlawful.

"Law enforcement officers are trained in the police academy to recognize reasonable suspicion and probable cause," Canterbury said. "These officers put their lives on the line for the public–we entrust them to make life and death decisions in a fraction of a second. You do not have to attack the law by attacking the integrity of these brave men and women."

Milder critics of the statute argue that officers in Arizona will need additional training to ensure that they do not engage in racial profiling. The Arizona FOP State Lodge rejects this claim, stating that what is truly needed is additional funding for the 287(g) program, which provides State and local law enforcement with training and the authorization to identify, process, and when appropriate, detain persons they encounter during their regular, daily law-enforcement activity who are illegally present in the United States.

"This is a very unique and detailed training that cannot be taught in a 60 to 90 minute video," said Bryan Soller, the State Lodge President of the Arizona State Lodge, said of the 287(g) program. "We need a clear direction on what proper documentation is, how to recognize forged documentation, the proper questioning format, and how to complete the proper ICE forms."

"One of the genuine concerns that law enforcement does have with this new law is its potential costs," Canterbury said. "Whatever these costs are, local governments, which are already on very tight budgets, will bear them."

"The one thing I do know is that the Arizona law enforcement community will find a way to make SB1070 work," Soller said.

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