Washington Watch: Legislative Update
For the Week of 26 January 2009
 
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 2009!
VI.     FOP NEWS: House Passes Economic Stimulus Bill with Byrne-JAG and COPS Funding
VII.    FOP NEWS: FOP’s Federal LEO Retirement Bill Introduced
VIII.   FOP NEWS: FOP Applauds Recent Unanimous Supreme Court Ruling on "Stop and Frisk"

I.   LEGISLATIVE NEWS AND ACTIVITY

Executive Director Jim Pasco held discussions with the leadership of the transition teams for both the U.S. Departments of Justice (DOJ) and Homeland Security (DHS).

Executive Director Pasco also met with W. Ross Ashley III, Assistant Administrator for Grant Programs at the Federal Emergency Management Agency (FEMA) at the DHS.  Assistant Administrator Ashley has been asked by Janet A. Napolitano, the newly confirmed Secretary of Homeland Security, to stay in his current position.

Senior Legislative Liaison Tim Richardson met with staff members in the offices of Senators Michael Bennett (D-CO) and Jeanne Shaheen (D-NH) to discuss the "Public Employer-Employee Cooperation Act" as part of an effort to educate new members of the Senate about the legislation.

Senior Legislative Liaison Richardson met with members of Senate Judiciary Chairman Patrick J. Leahy's (D-VT) staff to discuss revisions and an introduction strategy for legislation amending the Law Enforcement Officers' Safety Act (LEOSA).

Senior Legislative Liaison Richardson and Legislative Liaison Jon Gentile represented the FOP at a reception hosted by the National Sheriffs Association.

Senior Legislative Liaison Richardson and Legislative Liaison Bill Fitzpatrick met with staff in the office of Representative Bob Filner (D-CA) to discuss H.R. 673, the "Law Enforcement Officers' Equity Act," and H.R. 675, a bill that would provide statutory arrest authority to all law enforcement officers within the U.S. Department of Defense (DoD).

II.  THIS WEEK IN CONGRESS

Both chambers were in session this week, although the House went into recess on Wednesday to allow the Republicans time for their annual policy retreat.  The policy retreat for the Democrats will be held next week.

Action in the House
The House considered and passed H.R. 1, the "American Recovery and Reinvestment Act," on a 244-188 vote.  The bill is an economic stimulus package which includes $3 billion for the Edward J. Byrne Memorial Justice Assistance Grant (Byrne-JAG) Program and $1 billion for the Office of Community Oriented Policing Services (COPS).  The FOP strongly supports the funding for these two critical programs (see Item VI below).

The House considered S. 328, the "DTV Delay Act," under a suspension of the rules, thus requiring a two-thirds majority for passage.  The bill was defeated on a 258-168 vote after the FOP sent a letter to Congressional leadership expressing serious concerns with the impact delaying the digital transition would have on public safety communications systems.

The House considered and passed S. 181, the Lilly Ledbetter Fair Pay Act, on a 250-177 vote.  The bill was transmitted to the President and signed into law.  The Act is in response to a Supreme Court decision and will allow workers to file lawsuits against their employers for discrimination even if that discrimination was not discovered until years after it initially occurred, and will put the burden on employers to prove that pay discrepancies between women and men doing the same jobs are the result of non-discriminatory business considerations. 

Action in the Senate
The Senate began debate on its own economic stimulus package, S. 1, the "American Recovery and Reinvestment Act." Under the Senate bill, the Byrne-JAG program would receive $1.5 billion, the COPS Office would receive $1 billion, and an additional $1.45 billion would be distributed amongst other law enforcement assistance programs.

The Senate considered and passed S. 328, the "DTV Delay Act," by unanimous consent.  The bill was defeated in the House.

The Senate considered and passed S. 352, the "DTV Delay Act," by unanimous consent.  The legislation is a second attempt by the Senate to push the digital transition deadline back to June 2009.  The most recent bill has new language regarding analog broadcasters who voluntarily vacate their area of the spectrum, which could then be occupied by public safety.  The FOP is reviewing the new language and does not yet have a position on this bill, which has been transmitted to the House for further action.

Action in Senate Committees
The Committee on the Judiciary favorably reported the nomination of Eric H. Holder, Jr. to be the next Attorney General of the United States on a 17-2 vote.  The nomination will be considered by the full Senate next week.

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/ .

(1)  Support H.R. 235, the "Social Security Fairness Act"
We added twenty-four (24) cosponsors to H.R. 235, bringing our current total to one hundred and thirty-three (133).  Please note that this total differs slightly from THOMAS, as we are not including in our count Delegate Madeleine Z. Bordallo (D-Guam), who has limited voting rights on the floor.
 
The Senate companion bill has not yet been introduced.

(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, the "Public Safety Employer-Employee Cooperation Act"
This legislation, which would guarantee the right of public safety employees to bargain collectively with their employers over hours, wages and conditions of employment, was introduced by U.S. Representatives Dale Kildee (D-MI) and John J. Duncan, Jr. (R-TN) in the first week of Congress. 

The Senate companion bill has not yet been introduced.

C.  Support the "State and Local Law Enforcement Officers' Discipline, Accountability, and Due Process Act"
This legislation, a minimum level of procedural protections for law enforcement officers accused of administrative wrongdoing because of the gravity of potential harm to officers created by this lack of uniform safeguards, has not yet been introduced.  The National Legislative Office staff have met with our allies on this legislation to finalize its language and plan for its introduction.

IV.     UPDATE ON LEGISLATION AMENDING LEOSA
This legislation, which would improve certain provisions of the Law Enforcement Officers' Safety Act (LEOSA), especially with respect to retired law enforcement officers, has not yet been introduced.  Staff in the National Legislative have met with Senate Judiciary Committee staff to finalize bill language and plan for its introduction.
 

V.       Day on the Hill 2009: 23-25 February!!!
The F.O.P. Day on The Hill 2009 will begin on Monday, 23 February 2009.  The National Legislative Office and the National Legislative Committee will host a short briefing on our legislative agenda at the District of Columbia Lodge #1 at 711 4th Street, NW.  The briefing will take place on Monday afternoon and last approximately one hour.  Additional details will be forthcoming.

Tuesday and Wednesday, 24-25 February, will be devoted to your meetings with Members from your home States and districts.  These appointments should be made in advance!!!  Event participants should make every effort to have their Representative or Senator attend the meeting along with the appropriate staff person.

Accommodations for “Day on the Hill” Participants
The Grand Lodge has arranged for accommodations at the Marriott Key Bridge ( http://www.marriott.com/hotels/travel/waskb-key-bridge-marriott/ ) at the rate of $149 per night plus tax.

The Marriott Key Bridge is located at 1401 Lee Highway in Arlington, Virginia and is within walking distance of the Metro's Orange Line.

Make your reservations now by calling 703-524-6400 and tell them you are with the Grand Lodge Fraternal Order of Police's "Day on the Hill" event, or use Reference #: 1-V6FOFX to get this special rate.

This special rate is available only until 14 February--so make your reservations now!!!

VI.     FOP NEWS : House Passes Economic Stimulus Bill with Byrne-JAG and COPS Funding

Chuck Canterbury, National President of the Fraternal Order of Police, hailed news that the U.S. House of Representatives recently passed an economic stimulus package, which included $3 billion for the Edward J. Byrne Memorial Justice Assistance Grant (Byrne-JAG) program and $1 billion for the COPS hiring program.
 
“In this time of economic crisis, funding for State and local law enforcement has never been more vital to keep our streets safe,” Canterbury said.  “The FOP applauds the House of Representatives for funding these critical public safety programs.”
 
The Byrne-JAG program is the source of funding for a diverse range of law enforcement, prosecutorial, and other criminal justice initiatives in communities across the country. The program is used by State and local governments to fund 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 COPS hiring program provides funding directly to State and local jurisdictions for the salaries and benefits of newly hired officers engaged in community policing.
 
The House bill, H.R. 1, now goes to the Senate for further consideration. The Senate’s bill, S. 1, was recently reported favorably by the Appropriations Committee and includes a total of $3.95 billion for law enforcement initiatives, including $1.5 billion which will go to the Byrne-JAG program and $1 billion to the COPS hiring program.
 
Senator Patrick Leahy (D-VT), the Chairman of the Committee on the Judiciary, played a key role to ensure that this funding was part of the Senate bill. Chairman Leahy recently noted that, “Victims of crime who are paralyzed by fear, victims of mortgage fraud, and businesses looking to law enforcement to curb crime and vandalism need our help.  We cannot stimulate our economy without protecting and preserving the safety and vitality of our local economies.”
 
Funding for Byrne-JAG and the COPS hiring program in this stimulus bill will also help to create jobs in our struggling economy. A study by the National Criminal Justice Association found that 75% of Byrne-JAG funding would go to job creation. This money could create positions for additional front line officers who are desperately needed to keep our streets secure. Jobs may also be created in the forensic criminalists and forensic science, Court administration, gang investigation, and crime analysis sectors.
 
“With both the COPS and Byrne-JAG program receiving funding in this package, law enforcement agencies will be able to provide two essential requirements this nation needs at this important time: job creation and safe streets,” Canterbury remarked. “I now urge the Senate to ensure that the Byrne-JAG program and COPS program funding remains a part of the final package.”
 
VII.    FOP NEWS: FOP’s Federal LEO Retirement Bill Introduced

Chuck Canterbury, National President of the Fraternal Order of Police, welcomed the introduction of H.R. 673, the “Law Enforcement Officers’ Equity Act,” describing passage of the bill a priority for the organization.

“Each and every day, tens of thousands of Federal law enforcement officers perform their duties anonymously and heroically in defense of our nation and its institutions,” Canterbury said.  “These officers are asked to face the same dangers and take the same risks as their State and local counterparts, and when one of them falls in the line of duty their names are also added to the National Law Enforcement Officers Memorial in Washington, D.C.  Despite this, nearly 30,000 of these brave men and women do not receive equal status with their Federal law enforcement colleagues under the pay and retirement laws of the government they so proudly serve.”

The legislation, introduced by Representatives Bob Filner (D-CA) and John M. McHugh (R-NY), would provide these brave Federal officers with 6 (c) benefits and the ability to retire after twenty (20) years of service at the age of fifty (50), or twenty-five (25) years of service at any age.  This is the same benefit currently received by most criminal investigators and Federal law enforcement officers in several agencies.  The legislation will also provide for savings in training costs, improve recruitment and retention of qualified officers, and enhance public safety.

Canterbury pledged the FOP’s strong support for H.R. 673, and said, “Representatives Filner and McHugh have been strong leaders on law enforcement issues during their tenure in Congress, and the ‘Law Enforcement Officers’ Equity Act’ is another example.  The legislation will provide equity to the thirty-eight Federal agencies that currently do not have 6 (c) benefits.  This is the right thing to do for all Federal law enforcement officers, who are usually the first line of defense against terrorist attacks.”

VIII.   FOP NEWS : FOP Applauds Recent Unanimous Supreme Court Ruling on "Stop and Frisk"
Chuck Canterbury, National President of the Fraternal Order of Police, welcomed news of the U.S. Supreme Court's decision in Arizona v. Johnson, which ruled that law enforcement officers have the discretion to frisk passengers in cars stopped for traffic violations if they believe their safety is at risk.

"I am pleased the Supreme Court of the United States chose to stand up for the safety of both the public and law enforcement officers. The Court correctly noted that traffic stops are extremely dangerous situations for officers. In fact, according to the FBI, traffic stop altercations are a leading cause of law enforcement officer fatalities," said Canterbury.

In writing the opinion for the Court, Justice Ginsburg reaffirmed an earlier ruling in Terry v. Ohio (1968), "Recognizing that a limited search of outer clothing for weapons serves to protect both the officer and the public, the Court held the pat down reasonable under the Fourth Amendment."

The decision in Arizona v. Johnson reversed a lower State court ruling that overturned a conviction because the suspect was searched as the passenger of a vehicle which had been pulled over for a traffic violation. The Court ruled that the officer had reasonable suspicion to believe the man was armed and dangerous, and so the pat down search was not a violation of the Fourth Amendment.

"Our members are encouraged to hear the Supreme Court is standing up for law enforcement officers," said Canterbury. "I applaud the Justices for affirming that law enforcement officers do not give up right to defend themselves when making a vehicle stop."