Washington Watch: Legislative Update
For the Week of 9 November 2009
 
I.      Legislative News and Activity   
II.     This Week in Congress
III.    Update on FOP Top Legislative Priorities
IV.     Update on LEOSA
V.      LEGISLATIVE UPDATE:  Health Care Bill
VI.     LEGISLATIVE UPDATE:  Tragedy at Fort Hood Demonstrates Urgency of Filner Bills on DOD officer pay and safety
VI.     FOP NEWS: Terrorist Speech Blocked: FOP's Complaint to Parole Commission Prevents Travel to UMASS
VIII.   FOP NEWS: UMASS Plays Host to Terrorist Cop-Killer: FOP Outrage at University's Speaking Invitation to Domestic
        Terrorist Leader
IX.     FOP NEWS: Remarks by U.S. Attorney General Eric H. Holder, Jr. on the Guantanamo Bay Detainees


I.      LEGISLATIVE NEWS AND ACTIVITY
Executive Director Jim Pasco held a discussion with Robert Chaney, Senior Advisor for State, local and tribal law enforcement in the Office of Intergovernmental Affairs and Public Liaison at the U.S. Department of Justice, to discuss the status of convicted terrorist Raymond Luc Levasseur, who was seeking permission to leave Maine and give a speech at the University of Massachusetts (see items VIII and IX. below).

Executive Director Pasco also met with  Kevin O’Connor, Special Assistant to the General President at the International Association of Fire Fighters (IAFF) to discuss strategy for floor action on H.R. 413/S. 1611 the "Public Safety Employer-Employee Cooperation Act."

Senior Legislative Liaison Tim Richardson had several discussions with officials at the U.S. Parole Commission regarding the the status of convicted terrorist Raymond Luc Levasseur, who was seeking permission to leave Maine and give a speech at the University of Massachusetts (see items VIII and IX. below).

Senior Legislative Liaison Richardson participated in a teleconference to receive a briefing on the release of a study, conducted by the U.S. Department of Justice, Office of Justice Programs' National Institute of Justice, examining the state of unprocessed DNA evidence within State and local law enforcement agencies and its effect on the criminal justice system.  This study was released to the public on Tuesday.

Senior Legislative Liaison Richardson met with Caroline Lynch, chief minority counsel for the House Subcommittee on Crime, Terrorism and Homeland Security to discuss H.R. 3752, the "Law Enforcement Officer Safety Act Improvements Act," as well as other legislation pending before the subcommittee.

Legislative Liaison Bill Fitzpatrick met with staff in the office of Representative Zack Space (D-OH) regarding H.R. 560, the “Safe Prisons Communications Act of 2009.”


II.  THIS WEEK IN CONGRESS
The House was in Recess this week in observance of Veterans Day, and Senate was only in secession on Monday and Tuesday.

Action in the Senate
The Senate began consideration of H.R. 3082, a bill making appropriations for military construction, the Department of Veterans Affairs and related agencies for the fiscal year ending Sept. 30, 2010, and for other purposes.

Action in Senate Committees
The Committee on the Judiciary held a hearing titled “Strengthening Our Criminal Justice System: Extending the Innocence Protection Act.”


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 added one (1) cosponsor to H.R. 235, bringing our current total to three hundred and six (306) 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 Delegates Madeleine Z. Bordallo (D-Guam) 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 earlier this 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 seventy-one (171) cosponsors on H.R. 413.  Please note that this total differs slightly from THOMAS, as we are not including in our count Representative John M. McHugh (R-NY), who resigned his seat to take a position with the Administration.

We currently have six (6) 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 earlier this year or Senator Mel Martinez (R-FL), who resigned his seat.


C.  Support H.R. 1972, the "Law Enforcement Officer’s Procedural Bill of Rights Act"
We currently have two (2) cosponsors on H.R. 1972.

The Senate companion bill has not yet been introduced.


IV.     UPDATE ON LEGISLATION AMENDING LEOSA
We have six (6) cosponsors on H.R. 3752.  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 Federal Reserve Police as well as 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 subcommittee. 

We have three (3) cosponsors on S. 1132.


V.    LEGISLATIVE UPDATE:  Health Care Bill
On Saturday, 7 November 2009, the U.S. House of Representatives passed H.R. 3962, the "Affordable Health Care for America Act," on a 220-215 vote. The legislation as passed does not contain the provision that the FOP has aggressively lobbied against­that being a direct or indirect tax on benefits­which would negatively impact our members.

The bill does, however, include a "public option," under which the Federal government would create a health insurance plan financed by premiums to provide citizens not covered by employer or other health care plans an option for health insurance that could compete with private insurers. This may provide FOP members who do not have employer provided health insurance, including some retirees, sheriff's deputies, and officers in small departments, an alternative to private insurance.

As mentioned above, this bill is not funded with any direct or indirect tax on benefits. Instead, the bill imposes a tax surcharge of 5.4 percent on adjusted gross income exceeding $500,000 for an individual or $1,000,000 for a married couple filing jointly. The legislation also imposes a 2.5% tax on the sale or lease of medical devices to be paid for by the manufacturer.

The debate over the "public option" is, in large part, a partisan issue between Democrats and Republicans and its presence or absence in a final bill is unlikely to significantly affect the position, if any, that the FOP will take. Our only concern is the availability of the best affordable insurance plans for our members. The House-passed version does not reduce the quality or increase the cost of law enforcement plans.

In the remaining weeks of the First Session of this Congress, the Senate is expected to consider its own version of health care reform which may or may not contain the public option. Senator Harry M. Reid (D-NV), the Senate Majority Leader, is in the process of merging two different versions of health care reform legislation: S. 1679, the "Affordable Health Choices Act," and S. 1796, the "America's Healthy Future Act." The former came out of the Committee on Health, Education, Labor, and Pensions and the latter from the Committee on Finance. The public option is part of S. 1679 but not S. 1796. If the merged bill does contain a public option it is expected to be less robust than that contained in H.R. 3692.

The second Senate bill, S. 1796, includes the "High Cost Insurance Excise Tax," which would impose a 40% tax on insurance companies and plan administrators for any employer-sponsored health coverage with premiums above an $8,000 threshold for individuals and a $21,000 threshold for family plans beginning in 2013. The threshold amount for plans that cover employees engaged in high risk professions, including law enforcement, is increased by $1,850 for individual coverage and $5,000 for family coverage.

This excise tax would either decrease the quality or increase the cost of plans for law enforcement officers, and the FOP opposes its inclusion in any bill reforming the health care system. The FOP has expressed our opposition to the tax to Senate leadership and will continue to do so as the Senate considers the issue in the weeks ahead.

The FOP will actively combat any excise tax provision affecting our members, as well as any other provision that we feel would negatively impact the health insurance plans of our members.


VI.    LEGISLATIVE UPDATE:  Tragedy at Fort Hood Demonstrates Urgency of Filner Bills on DOD officer pay and safety
The recent tragic events at Fort Hood have highlighted the critical role civilian law enforcement plays in the security of military bases across the country.  Louis P. Cannon, Chairman of the FOP Federal Officers Committee, pointed out that many are proclaiming Sergeant Kimberly Munley, a civilian series 0083 Police Officer, the “Hero of Fort Hood.”  She is credited with stopping the actions of the shooter, who slaughtered over a dozen personnel and wounded many more, despite being injured herself.  Sgt. Munley is a typical Department of Defense (DOD) civilian officer, who went above and beyond the call of duty when the moment came.
 
Unfortunately, DOD civilian officers are seldom recognized for their courageous work protecting and serving military installations around the nation.  These officers, including Sgt. Munley, are among the nearly 30,000 federal law enforcement officers who do not receive the same salary and retirement benefits--known as 6c benefits--as their Federal law enforcement colleagues.  As recent events have proven these brave men and women face the same danger as other Federal, state and local law enforcement officers, but are denied the law enforcement status due to ambiguity in the statutory definition of a federal law enforcement officer, which through regulation excludes DOD civilian law enforcement officer.
 
In addition to not being fully recognized as law enforcement officers, many DOD civilian police officers are “handcuffed” due to the lack of statutory arrest authority.  This has hindered the ability of these dedicated men and women to perform essential law enforcement functions on military bases.  On one installation the officers were prohibited form issuing traffic tickets, even to those driving without a license, while on other installations the officers are more or less relegated to the role of security guards.  This poor use of personnel decreases public safety and could severely hinder law enforcement response to a critical incident.  Fortunately, this was not the case at Fort Hood.  The lack of statutory arrest authority also threatens the safety of these officers, for it has caused some DOD officers to be denied their exemption from State and local law to carry concealed weapons, even though this exemption is explicitly granted in the Law Enforcement Officers’ Safety Act (18 USC 926B).

In the beginning of the 111th Congress, Representative Robert Filner (D-CA), with the FOP’s strong support, introduced two bills, H.R. 673 and H.R. 675, to address these issues.  The first bill, H.R. 673, the “Law Enforcement Officers Equity Act,” would clarify the definition of a Federal law enforcement officer to include DOD police officers.  Thesecond bill, H.R. 675, the “Department of Defense and Civilian Law Enforcement Coordination Act,” which would grant DOD civilian police officers statutory arrest authority.  This will untie the hands of DOD police officers so they can perform necessary law enforcement functions on military installations.  Passing both of these bills will recognize the importance of DOD civilian police officers and greatly enhance the security of military installations across the nation.
 
If you would like to join the FOP and Representative Filner in our campaign to pass H.R. 673 and H.R. 675 please contact the FOP Federal Officers Coalition at www.fed-fop.org.


VII.    FOP NEWS: Terrorist Speech Blocked: FOP's Complaint to Parole Commission Prevents Travel to UMASS
Chuck Canterbury, National President of the Fraternal Order of Police, was pleased to announce that, thanks to the FOP, convicted terrorist Raymond Luc Levasseur will not be an honored guest and speaker at the University of Massachusetts today.

“This terrorist is on parole and he needs special permission to leave the State of Maine,” Canterbury explained.  “On Tuesday we weighed in with the U.S. Parole Commission to express our objections and his permission to travel was denied.  Obviously, we’re very happy with this result.”

Levasseur, described as New York City's “most prolific bomber,” headed a domestic terrorist group called the United Freedom Front, which conducted a series of bombings from Boston to Washington, D.C.--including one at the U.S. Capitol Building in November 1983--for more than a decade. The terror campaign included nine bank robberies and more than twenty bombings that severely injured numerous victims. In 1981, members of the group murdered New Jersey State Trooper Philip J. Lamonaco.

“While we’re very glad that the parolee will not be preaching his brand of hate to students, I am still outraged that the invitation was made,” Canterbury said.  “Responsible teachers do not advocate terrorism as an instrument for social change or feature convicted terrorists as speakers at college events.  I understand that Trooper Lamonaco’s widow and the Massachusetts State Lodge will have a presence on campus today.  She has the full support of the National FOP as well.”

“The State Lodge Presidents in Massachusetts and New Jersey, Arnie Larson and Ed Brannigan, deserve a lot of the credit,” Canterbury said.  “I’m glad the Grand Lodge was able to help and I am proud that the FOP family is supporting Mrs. Lamonaco.”

Canterbury also thanked the U.S. Parole Commission and U.S. Department of Justice personnel for their decision on the travel request.


VIII.   FOP NEWS: UMASS Plays Host to Terrorist Cop-Killer: FOP Outrage at University's Speaking Invitation to Domestic
        Terrorist Leader
Chuck Canterbury, National President of the Fraternal Order of Police, condemned in the strongest possible terms the decision of certain faculty members at the University of Massachusetts at Amherst to welcome convicted terrorist Raymond Luc Levasseur to campus and for providing him with a forum to speak.

"This notorious killer is responsible for more than twenty bombings and the death of New Jersey State Trooper Philip J. Lamonaco," Canterbury said. "This terrorist is a guest of the university's faculty to talk to students as part of a 'Colloquium on Social Change.' Is that the lesson these so-called teachers want to send? That you can achieve social change and prominence through violence and murder?"

Levasseur, described as New York City's "most prolific bomber," headed a domestic terrorist group called the United Freedom Front, which conducted a series of bombings from Boston to Washington, D.C.­including one at the U.S. Capitol Building in November 1983­for more than a decade. The terror campaign included nine bank robberies and more than twenty bombings that severely injured numerous victims. In 1981, the members of the group murdered Trooper Lamonaco.

"Governor Patrick has condemned his visit, as have law enforcement and victims' rights groups across the country. This pressure initially got this terrorist uninvited, but the university has since relented and is hiding behind the phrase 'academic freedom,'" Canterbury said. "The exercise of freedom carries with it responsibility­you have to know right from wrong. Glorifying terrorism and equating it with social change is wrong. The University of Massachusetts should be ashamed of its faculty, which has turned this colloquium into a sick joke. Who will speak at this event next year­Terry Nichols and Zacarias Moussaoui?"


IX.     FOP NEWS: Remarks by U.S. Attorney General Eric H. Holder, Jr. on the Guantanamo Bay Detainees
Good morning.  Just over eight years ago, on a morning our nation will never forget, nineteen hijackers working with a network of Al Qaeda conspirators around the world launched the deadliest terrorist attacks our country has ever seen.  Nearly 3,000 people lost their lives in those attacks, and in the years since, our nation has had no higher priority than bringing those who planned and plotted the attacks to justice.

One year before, in October 2000, a terrorist attack on the USS Cole killed seventeen American sailors.

Today we announce a step forward in bringing those we believe were responsible for the 9/11 attacks and the attack on the USS Cole to justice.

Five detainees at Guantanamo have been charged before military commissions with participation in the 9/11 plot:  Khalid Sheikh Mohammed, Walid Muhammed Salih Mubarak Bin Attash, Ramzi Bin Al Shibh, Ali Abdul-Aziz Ali, and Mustafa Ahmed Al Hawsawi. Those proceedings have been stayed since February, as have the proceedings pending in military commissions against four other detainees accused of different crimes. A case in military commissions against the alleged mastermind of the Cole bombing, Abd al-Rahim al-Nashiri, was withdrawn in February.

For the past several months, prosecutors at the Department of Justice have been working diligently with prosecutors from the Pentagon’s Office of Military Commissions to review the case of each detainee at Guantanamo who has been referred for prosecution. Over the past few weeks, I have personally reviewed these cases, and in consultation with the Secretary of Defense, have made determinations about the prosecution of ten detainees now held at Guantanamo, including those charged in the 9/11 plot and the alleged mastermind of the Cole bombing.

Today, I am announcing that the Department of Justice will pursue prosecution in federal court of the five individuals accused of conspiring to commit the 9/11 attacks. Further, I have decided to refer back to the Department of Defense five defendants to face military commission trials, including the detainee who was previously charged in the USS Cole bombing.

The 9/11 cases that will be pursued in federal court have been jointly assigned to prosecutors from the Southern District of New York and the Eastern District of Virginia and will be brought in Manhattan in the Southern District of New York. After eight years of delay, those allegedly responsible for the attacks of September the 11^th will finally face justice. They will be brought to New York to answer for their alleged crimes in a courthouse just blocks from where the twin towers once stood.

I am confident in the ability of our courts to provide these defendants a fair trial, just as they have for over 200 years. The alleged 9/11 conspirators will stand trial in our justice system before an impartial jury under long-established rules and procedures.

I also want to assure the American people that we will prosecute these cases vigorously, and we will pursue the maximum punishment available. These were extraordinary crimes and so we will seek maximum penalties. Federal rules allow us to seek the death penalty for capital offenses, and while we will review the evidence and circumstances following established protocols, I fully expect to direct prosecutors to seek the death penalty against each of the alleged 9/11 conspirators.

In his speech at the National Archives in May, the President called for the reform of military commissions to ensure that they are a lawful, fair, and effective prosecutorial forum. The reforms Congress recently adopted to the Military Commissions Act ensure that military commission trials will be fair and that convictions obtained will be secure.

I know that the Department of Defense is absolutely committed to ensuring that military commission trials will be consistent with our highest standards as a nation, and our civilian prosecutors will continue to work closely with military prosecutors to support them in that effort.

In each case, my decision as to whether to proceed in federal courts or military commissions was based on a protocol that the Departments of Justice and Defense developed and that was announced in July. Because many cases could be prosecuted in either federal courts or military commissions, that protocol sets forth a number of factors – including the nature of the offense, the location in which the offense occurred, the identity of the victims, and the manner in which the case was investigated – that must be considered. In consultation with the Secretary of Defense, I looked at all the relevant factors and made case by case decisions for each detainee.

It is important that we be able to use every forum possible to hold terrorists accountable for their actions. Just as a sustained campaign against terrorism requires a combination of intelligence, law enforcement and military operations, so must our legal efforts to bring terrorists to justice involve both federal courts and reformed military commissions. I want to thank the members of Congress, including Senators Lindsay Graham, Carl Levin and John McCain who worked so hard to strengthen our national security by helping us pass legislation to reform the military commission system.

We will continue to draw on the Pentagon’s support as we bring cases against the alleged 9-11 conspirators in federal court. The Justice Department has a long, successful history of prosecuting terrorists for their crimes against our nation, particularly in New York. Although these cases can often be complex and challenging, federal prosecutors have successfully met these challenges and have convicted a number of terrorists who are now serving lengthy sentences in our prisons. And although the security issues presented by terrorism cases should never be minimized, our marshals, court security officers, and prison officials have extensive experience and training dealing with dangerous defendants, and I am confident they can meet the security challenges posed by this case.

These detainees will not be transferred to the United States for prosecution until all legal requirements are satisfied, including those in recent legislation requiring a 45 day notice and report to the Congress. I have already spoken to Governor Paterson and Mayor Bloomberg and am committed to working closely with them to ensure that all security and related concerns are properly addressed. I have every confidence that we can safely hold these trials in New York, as we have so many previous terrorism trials.

For the many Americans who lost friends and relatives in the attacks of September 11, 2001 and on the USS Cole, nothing can bring those loved ones back. But they deserve the opportunity to see the alleged plotters of those attacks held accountable in court, an opportunity that has been too long delayed. Today’s announcements mark a significant step forward in our efforts to close Guantanamo and to bring to justice those individuals who have conspired to attack our nation and our interests abroad.

For over two hundred years, our nation has relied on a faithful adherence to the rule of law to bring criminals to justice and provide accountability to victims. Once again we will ask our legal system, in two venues, to rise to that challenge. I am confident it will answer the call with fairness and justice.