Fraternal Order of Police
Fraternal Order of Police
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<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<http://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 11th 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.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
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FOP members have the right to refuse to contribute without reprisal. Your contribution
will be used to support candidates for federal office who support law enforcement.
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