Washington Watch: Legislative Update
For the Week of 14 December 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 2010!
VI.     FOP ISSUE ADVISORY:  Highway Safety and Big Trucks
VII.    FOP NEWS : Strong Push Made on Collective Bargaining Bill



I.      LEGISLATIVE NEWS AND ACTIVITY
Executive Director Jim Pasco had a conversation with Kenneth L. Salazar, Secretary for the U.S. Department of the Interior, regarding the more than 4,000 Federal law enforcement officers within the Department.  Secretary Salazar, a long-time friend and ally of the FOP, is very supportive of these officers.

Executive Director Pasco held discussions with Bruce Cohen, Majority Chief Counsel for the Senate Committee on the Judiciary, on S. 1789, the "Fair Sentencing Act," which would significantly lower the penalties for possession and distribution of crack cocaine.  The FOP strongly opposes the bill, which is pending before the Judiciary Committee, in its current form.

Executive Director Pasco had numerous conversations with key staff in House and Senate leadership offices regarding the FOP's efforts to include  S. 1611, the "Public Safety Employer-Employee Cooperation Act," as part of any end-of-year legislation

Executive Director Pasco continued to work with the U.S. Secret Service as they go through their review process of presidential and event security protocols.

Executive Director Pasco represented the FOP at a holiday reception hosted by U.S. Attorney General Eric H. Holder, Jr.  In addition, Executive Director Pasco represented the FOP at holiday receptions hosted by the Burea of Alcohol, Tobacco, Firearms and Explosives and the Federal Bureau of Investigation.

Executive Director Pasco continued to coordinate our efforts on S. 1611 closely with Kevin O'Connor, Assistant to the General President of the International Association of Fire Fighters (IAFF).

Senior Legislative Liaison Tim Richardson met with Dean Hingson, labor counsel to Senator Judd Gregg (R-NH), author of S. 1611, to discuss efforts to include the bill on end-of-year legislation.

Senior Legislative Liaison Richardson spoke with numerous Senate staff, including counsel to Senate Majority Leader Harry M. Reid (D-NV), regarding the FOP's efforts on S. 1611.

Senior Legislative Liaison Richardson participated in a conference call with the Washington staff of the IAFF and other stakeholders to discuss efforts on S. 1611.

Legislative Liaison Jon Gentile represented the FOP at a monthly coalition meeting of law enforcement and criminal justice organizations.


II.  THIS WEEK IN CONGRESS

Both chambers were in session this week.  The House went into recess and will not reconvene until January unless the action in the Senate requires them to return to vote for a "must-pass" bill.  The Senate will meet this Saturday and possibly into next week in an effort to complete their work on pending legislation.

Action in the House
The House considered and passed H.R. 3326, the "Department of Defense Appropriations Act, 2010," on a 395-34 vote.  In addition to funding the U.S. Department of Defense for the next fiscal year, the bill extends for 90 days the expiring provisions of the USA PATRIOT Act.

The House considered and passed H.R. 2847, the “Jobs for Main Street Act,” on a 217-212 vote. This legislation would redirect money from the Troubled Asset Relief Program (PL 110-343) into various other spending programs.  The bill also includes approximately $1.8 billion in funding for the COPS program, which would support an estimated 5,500 law enforcement positions.  The FOP supports this specific provision.

The House considered and passed H.R. 4314, a bill to permit continued financing of government operations, on a 218-214 vote.  This legislation would increase the $12.1 trillion debt limit to $12.39 trillion.

Action in House Committees
The House Committee on the Judiciary held a hearing on the piracy of live sports broadcasting over the Internet.


Action in the Senate
The Senate began consideration of H.R. 3326, the "Defense Appropriations Act, 2010," and voted 63-33 to end debate on the bill.  Senate procedure requires that thirty hours be allowed for debate, so a final vote on the measure is scheduled for early Saturday morning.  The legislation is expected to pass, but if it is amended by the Senate, the House would be required to return to session.

The Senate continued to debate H.R. 3590, “Patient Protection and Affordable Care Act.”  Roll call votes on this measure are expected throughout the day and into Friday night, as well as Saturday and, potentially, into next week.  (See Item V. for details.)


Action in Senate Committees
The Committee on the Judiciary held a hearing on the use of DNA evidence in rape cases.

The Committee on the Judiciary also approved S. 678, "Juvenile Justice and Delinquency Prevention Reauthorization Act," which would reauthorize juvenile justice and delinquency prevention programs within the U.S. Department of Justice on a 12-7 vote.

The Committee on the Judiciary also approved by voice vote S. 1376, legislation which would would restore immunization and sibling age exemptions for children adopted by United States citizens under the Hague Convention on Intercountry Adoption, thereby allowing their admission to the United States.

The Committee on the Judiciary deferred action on H.R. 714, the “National Criminal Justice Commission Act,” and the aforementioned S. 1789.


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 nine (309) --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 added three (3) cosponsors to H.R. 413 bringing our current total one hundred and eighty-three (183).  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 added two (2) cosponsors to this bill, Senators Blanche L. Lincoln (D-AR) and Mark P. Begich (D-AK), bringing our current total to eight (8).  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 added one (1) cosponsor to H.R. 1972, bringing our current total to (3) cosponsors on H.R. 1972.

The Senate companion bill has not yet been introduced.


IV.     UPDATE ON LEGISLATION AMENDING LEOSA
We added one (1) cosponsor to H.R. 3752, bringing our current total to seven (7).  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.      Day on the Hill 2009: 8-10 February!!!
The FOP Day on The Hill 2010 will begin on Monday, 8 February 2010.  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, 9-10 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 National Legislative Office will be arranging a room block with a local hotel.  We will make this information available EARLY NEXT WEEK--watch your email and the Grand Lodge website for the latest news!!


VI.     FOP ISSUE ADVISORY:  Highway Safety and Big Trucks: Correcting Inaccuracies Circulated by Special Interest Lobbyists

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 vehicle pose.  In addition, the additional weight will cause additional stress on our 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 that 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 that State and Highway patrolman and without greater consensus on this issue on the part of these officers, the FOP will continue its monitoring and research, but will take no position at this time.

For more information on this issue, contact the National Legislative Office.


VII.    FOP NEWS: Strong Push Made on Collective Bargaining Bill
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.”