Governmetal Affairs Committee

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	2006 AFG Announced
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	FAMA Web Site
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E-News Beta Test

By now, you probably have noticed the design changes to the GAC E-Newsletter. We are working hard to improve the overall interface to make the E-News easier to read. The E-News will be a 'Beta Test' until the end of 2006, and we hope you will send us suggestions, technical problems, and interface improvements that you would like to see. Please send them here.

In Other News

The FAMA / FEMSA GAC would like to thank all the members who participated in the 2006 Home Day Program. Many of you had incredible results, and we encourage you to share those experiences with your fellow members. The GAC has posted a small website with information about some of the Home Day activities by FAMA and FEMSA member companies. Remember - Every Day is Home Day! Please click here to see the site.

Awards for Fiscal Year 2006 Assistance to Firefighters Grants (AFG) Announced

Student Recruitment for Volunteer Incentive Program Courses at Noble Training Center

NAM News

Secretary Highlights Year 2006 Accomplishments; Announces Near-term Goals

DHS Targets High Risk Hazardous Materials in Transit

The United States Fire Administration (USFA) has received notice of the following firefighter fatalities:

Awards for Fiscal Year 2006 Assistance to Firefighters Grants (AFG) Announced

The U.S. Department of Homeland Security (DHS) announced today $25,480,706 in direct assistance grants to 246 fire departments and first responder organizations through the department's Fiscal Year (FY) 2006 Assistance to Firefighters Grant (AFG) program. Additional phases will soon be announced that will total $485 million in AFG grant awards to approximately 5,000 fire-related organizations nationwide.

To view the latest round of AFG award annoucements, please visit: http://www.firegrantsupport.com/awards

Source: DHS

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Student Recruitment for Volunteer Incentive Program Courses at Noble Training Center

The United States Fire Administration (USFA), Department of Homeland Security, is currently accepting applications for a special offering of the National Fire Academy Volunteer Incentive Program (VIP) to be held at the Noble Training Center (NTC) at Anniston, Alabama.

The purpose of this initiative is to create more opportunities and offerings for VIP students. Four courses will be offered April 22-27, 2007:

* Fire Cause Determination for Company Officers (M811)
* Management Strategies for Success (Leadership I, II, III) (M824)
* Presenting Effective Public Education Programs (M826)
* Command and Control of Incident Operations (M831)

Information on these courses and the related student selection criteria is available on the USFA Web site at www.usfa.dhs.gov

The standard NFA student travel stipend will apply. Students not selected through the random selection process for courses at the National Fire Academy will be offered an opportunity to attend courses at Noble.

Further information can be obtained from the VIP Program Manager at 800-238-3358, x1402.

How to Apply

Students must complete a NETC General Admission Application (FEMA Form 75-5). The application is available on the USFA Web site. Applicants should not make plans to attend a course until notified in writing by the Admissions Office.

Mail To:
United States Fire Administration
Admissions Office - Room I216
16825 S. Seton Avenue
Emmitsburg, MD 21727

Fax To:
Completed applications may also be faxed to (301) 447-1441.

Source: USFA

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NAM News

December 20, 2006

To: All Council Members
Fr: Dave Asselin

Today, the NAM released it’s Agenda for the 110th Congress – Investing in America: Agenda for Jobs and Economic Growth.

The Council of Manufacturing Associations is a vital part of NAM in helping advance this agenda and we wanted each of you to receive your copy as soon as possible. This document will be the basis for what is discussed during the National Manufacturers Fly-In February 14 -15 and throughout the year as we talk with Congressional and Administration leaders about advancing US manufacturing.

You can find an electronic copy of the Agenda and a list of talking points for the key agenda areas at our website by clicking on the following link: www.nam.org/manufacts. Please feel free to share this agenda with all of your members as well.

Happy Holidays!

Dave Asselin
Executive Director, Council of Manufacturing Associations
Vice President, National Association of Manufacturers
1331 Pennsylvania Avenue, NW, Suite 600
Washington, DC 20004
Tel: (202) 637-3102 Fax: (202) 637-3182
Visit our website at www.nam.org/council

Who decided that this was the season to keep those of us intent on keeping the public informed about developments in the world of legal reform and legal issues so darned busy? Don’t they know we need time to shop in order to keep the economy moving?!? That said, lots and lots this week. And all pretty important or there would be no reporting.

Do You Live in a Hellhole?: A Judicial Hellhole®, that is. The hard-working folks at the American Tort Reform Association (ATRA) have just the report to help you find out if your jurisdiction is now a Judicial Hellhole or in danger of becoming one. In order, the true Judicial Hellholes are: 1) West Virginia; 2) South Florida; 3) Southeast Texas; 4) Cook County, IL; 5) Madison County, IL; 6) St. Clair County, IL. It should be noted that the Illinois higher courts have been trying to clean up Madison County — oft-mentioned over the years in this e-newsletter — and the report credits some successes as a result of these efforts. So the St. Louis suburb has now been declared to be in “purgatory,” meaning that with a little bit of prayer (and additional good deeds), it may be able to obtain an indulgence by the authors in the next report and climb out of the Hellholes category. The NAM thanks its members and those of ATRA who answered the survey that makes this report possible. In a few short years, this report (along with other similar public scoldings by legal reform supporters) has helped to show results. To use ATRA President Sherman Joyce’s favorite analogy, by shining a spotlight, jurisdictions like Mississippi and Madison County, IL, have taken action to clean up their court systems because they know they are being watched. Not surprisingly, the Illinois Civil Justice League has an interesting take on the fact that the Land of Lincoln has three counties in the top six, including a response to the reaction of the Illinois Trial Lawyers Association.

Time to Update Your Stats, Tables, Documents, Etc.: Yes, it’s December and the Tillinghast business of Towers Perrin has issued the latest report for its oft-cited numbers on the cost of the tort system. One important thing to always remember is that these costs are an underestimate as they only include insurance pay-outs for personal injury-type lawsuits and do not include the full cost of the legal system. The press release for “2006 Update on U.S. Tort Cost Trends” has a pretty good summary and a link to the full report. Bottom line: The increase in tort costs from 2004 to 2005 was much lower than in recent years, i.e. only .5 percent, making this year’s total $261 billion. That brings the per capita U.S. tort costs to $880 (expect to see NAM documents using “more than $3500 for a family of four”), a decrease of $4. While the decreases in per capita cost may cause heartburn for fundraisers at some organizations promoting legal reform since their mind-set might thinks “only bad news sells,” the NAM is very much cheered by these results. By working with the American Justice Partnership, ATRA (see above) and any other organization that is a “true believer” in the much worthy cause of legal reform, we have been able to get changes in federal and state statutes as well as judicial rules and operations — not to mention public attitudes, including in potential jurors — so that defendants have a better shot at a truly fair trial. To warm the hearts of the fundraisers, though, supportive companies and other donors need to continue to help us improve the legal climate even more. There is much, much more to be done. But it is good to know that FLAG and other efforts are having an impact.

To Waive or not To Waive? But Is It Bye-bye or Au Revoir?: On December 12th, the Department of Justice released a long-awaited revised policy (the McNulty Memorandum — click here for the press release) on when the Justice Department may request that companies waive the attorney-client privilege. The new guidance revises the Thompson Memorandum (issued in 2003) that has led to a “culture of waiver” at the Justice Department in which U.S. attorneys frequently request that companies waive their rights during an investigation. The McNulty Memo creates new approval requirements that federal prosecutors must follow before they can request waivers of attorney-client privilege and work product protections from corporations in criminal investigations. Unfortunately, an initial assessment of the McNulty Memo is that it does not go far enough to protect the privilege. There is a possibility that Congress could address this issue in the 110th Congress through legislation similar to a bill introduced by Senator Arlen Specter (R-PA) in the waning hours of the 109th Congress that would prohibit investigators from requesting that companies waive the attorney-client privilege. Read the NAM’s press release for our take. Also, our good friends at the Washington Legal Foundation have a more detailed analysis as well as a Monograph on the attorney-client privilege (with a foreward by NAM President John Engler) in general. For press reports, try Business Week or The Washington Post.

Leahy Lays Out Agenda: In a December 13 speech at the Georgetown Law Center, Senator Patrick Leahy (D-VT), who is slated to chair the Senate Committee on the Judiciary during the 110th Congress, talked about his plan of action. Let’s see, crack down on white-collar crime, question the Administration more aggressively, make sure to protect privacy, look into and introduce legislation to cut down on “war profiteering,” defend and expand the Freedom of Information Act, make sure the judiciary will provide a “check” to Congress’ “balance” on the executive branch, expand habeas corpus, reform and reexamine the patent system and establish a Human Rights and Law Subcommittee. Hmm, let’s see. Nothing about a single legal reform issue for the Committee on the Judiciary to look at, including the scam that has become mass tort screening. This is most disappointing, given Senator Leahy’s strong support for cleaning up the asbestos litigation racket in order to preserve funds for legitimate claimants. Here it should be noted that some of the issues cited by the chairman-to-be are of importance to the business community and will be welcome (while others not), but some reference to the state of a tort system that costs twice as much as a percentage of GDP as the average of other industrialized countries would have been welcomed as well.

Will the 110th Congress Take the Advice?: On December 13, the Washington Examiner ran an editorial titled “No shortage of lawsuit abuse reform ideas for Congress.” Citing the high cost of the U.S. legal compared to other nations and successes of state-level reforms, the paper suggests reforming medical liability and “expert” witness compensation. It also calls for “loser pays” and set fees for attorneys in class—action lawsuits.

The Readers Digest™ Version of the Mass Tort Screening Scam: :Literally. While I do not have a free electronic link, you might buy the January 2007 of Readers Digest. The magazine has a very good expose of the screening scam that U.S. District Judge Janis Jack brought to light in her court room in a silica multi-district litigation lawsuit, including how it came about and was uncovered.

Source: NAM

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Secretary Highlights Year 2006 Accomplishments; Announces Near-term Goals

In a message to employees and in a public speech delivered on Thursday, Secretary Chertoff highlighted the department’s accomplishments for the year 2006 and set out the goals the department will seek to accomplish over the next two years.

“During the past year alone, we have taken significant steps to secure the nation’s transportation system and protect its critical infrastructure, strengthen border security, increase emergency preparedness, improve information sharing, prevent the use of weapons of mass destruction, and increase defenses against biological threats,” the secretary stated in his message. “These achievements are a real tribute to the hardworking men and women of this department.”

Over the next two years, the secretary said the department will:

· Continue to protect our nation from dangerous people;

· Continue to protect our nation from dangerous goods;

· Protect critical infrastructure;

· Build a nimble, effective emergency response system and a culture of preparedness; and

· Strengthen and unify DHS operations and management.

Source: DHS

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DHS Targets High Risk Hazardous Materials in Transit

DHS on Friday issued a notice of proposed rulemaking to vastly strengthen the security of the nation’s rail systems in the highest threat urban areas. The proposed rule is part of a package of new security measures that will require freight rail carriers to ensure 100 percent positive hand-off of Toxic Inhalation Hazard (TIH) materials, establish security protocols for custody transfers of TIH rail cars in high threat urban areas, and appoint a rail security coordinator to share information with the federal government, as well as formalizing TSA’s freight and passenger rail inspection authority.

 “A toxic emission from an attack against a chemical facility or hazardous chemicals in transit is among the most serious risks facing America’s highest threat areas,” said Secretary Chertoff in announcing the proposed rule. “We’re going to take a significant percentage of that risk off the table.”

The freight rail industry has already begun to implement several key security measures, such as tracking and substantially reducing the standstill time for unattended freight cars transporting TIH materials in high threat urban areas, developing site-specific security plans with access controls, and providing security training for employees. Using industry data, TSA will create a tracking system that will allow the federal government to determine within minutes the location of rail cars carrying TIH materials within minutes.

More information about this is available at: http://www.tsa.gov/press/releases/2006/press_release_12152006.shtm.

Source: DHS

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The United States Fire Administration (USFA) has received notice of the following firefighter fatalities:

Name: Jeffrey Scott Hollingsworth
Rank: Deputy Chief
Age: 38
Gender: Male
Status: Volunteer
Years of Service: 4
Date of Incident: 11/30/2006
Time of Incident: 0200 hours
Date of Death: 11/30/2006

Fire Department: Clement Fire Department
Address: 3384 Maxwell Road, Autryville, NC 28318
Telephone: 910-567-2609
Fire Chief: Ark Matthews

Incident Description: Deputy Chief Hollingsworth responded to a structure fire and a woods fire in the early morning hours of 11/30/2006; clearing the scene of the final call at 2:07 am. He complained of chest pains around 7:00 am and went to the doctor. He was sent home, but then went to the hospital later that day still feeling ill. He was admitted and passed away that evening.

Funeral Arrangements: Visitation was held Saturday, December 2, 2006, from 6:00 - 8:00 pm at the Butler Funeral Home in Roseboro, North Carolina. Services were held Sunday, December 3, 2006, at the Union Grove Baptist Church with burial following at the church cemetery.

Memorial Fund Contact and Address: None indicated.

Tribute is being paid to Deputy Chief Jeffrey Scott Hollingsworth at
http://www.usfa.dhs.gov/fatalities/

To date, 97 firefighter fatalities have been reported to USFA in 2006.

The United States Fire Administration (USFA) has received notice of the following firefighter fatality:

Name: Thomas Joseph Hays
Rank: Firefighter
Age: 25
Gender: Male
Status: Volunteer
Years of Service: 7
Date of Incident: 12/07/2006
Time of Incident: 2028 hours
Date of Death: 12/08/2006

Fire Department: Lower Merion Fire Department/Narberth Fire Company
Address: 75 E. Lancaster Ave., Ardmore, PA 19003
Telephone: 610-645-6190
Fire Chief: Charles J. McGarvey

Incident Description: Firefighter Hays had responded to an alarm on December 7, 2006, at approximately 2028 hours. Later, the fire department had two other responses over the course of the next several hours, and firefighter Hays had not responded to either of these calls. This prompted his fellow firefighters to check on his wellbeing, and they discovered he had died sometime over the night. The cause of death is unknown, and an autopsy is being performed.

Funeral Arrangements: Viewing arrangements are on Thursday evening, December 14, 2006, from 7:00 - 9:00 pm at the McConaghy Funeral Home 328 West Lancaster Avenue, Ardmore, PA, 19003. The funeral is scheduled for Friday, December 15, 2006, at 10:30 am at the Saint Margaret's Roman Catholic Church, 208 North Narberth Avenue, Narberth, PA 19072.

Memorial Fund Contact and Address: In lieu of flowers, memorial donations may be made in honor of Thomas J. Hays to the Merion Fire Company of Ardmore, PO Box 102, Ardmore, Pennsylvania 19003.

Tribute is being paid to Firefighter Thomas Joseph Hays at http://www.usfa.dhs.gov/fatalities/

To date, 98 firefighter fatalities have been reported to USFA in 2006.

Source: USFA

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