[Congressional Record (Bound Edition), Volume 154 (2008), Part 6] [Senate] [Pages 8537-8541] [From the U.S. Government Publishing Office, www.gpo.gov]TEXT OF AMENDMENTS SA 4750. Mr. CHAMBLISS (for himself and Mr. Isakson) submitted an amendment intended to be proposed by him to the bill H.R. 980, to provide collective bargaining rights for public safety officers employed by States or their subdivisions; which was ordered to lie on the table; as follows: In section 8(b), insert after ``under this Act,'' the following: ``individuals employed by the office of the sheriff in States that do not provide the rights and responsibilities described in section 4(b) for law enforcement officers prior to the date of enactment of this Act''. ______ SA 4751. Mr. REID (for Mr. Gregg (for himself and Mr. Kennedy)) proposed an amendment to the bill H.R. 980, to provide collective bargaining rights for public safety officers employed by States or their political subdivisions; as follows: Strike all after the enacting clause and insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Safety Employer- Employee Cooperation Act of 2008''. SEC. 2. DECLARATION OF PURPOSE AND POLICY. The Congress declares that the following is the policy of the United States: (1) Labor-management relationships and partnerships are based on trust, mutual respect, open communication, bilateral consensual problem solving, and shared accountability. Labor- management cooperation fully utilizes the strengths of both parties to best serve the interests of the public, operating as a team, to carry out the public safety mission in a quality work environment. In many public safety agencies it is the union that provides the institutional stability as elected leaders and appointees come and go. (2) State and local public safety officers play an essential role in the efforts of the United States to detect, prevent, and respond to terrorist attacks, and to respond to natural disasters, hazardous materials, and other mass casualty incidents. State and local public safety officers, as first responders, are a component of our Nation's National Incident Management System, developed by the Department of Homeland Security to coordinate response to and recovery from terrorism, major natural disasters, and other major emergencies. Public safety employer-employee cooperation is essential in meeting these needs and is, therefore, in the National interest. (3) The Federal Government needs to encourage conciliation, mediation, and voluntary arbitration to aid and encourage employers and the representatives of their employees to reach and maintain agreements concerning rates of pay, hours, and working conditions, and to make all reasonable efforts through negotiations to settle their differences by mutual agreement reached through collective bargaining or by such methods as may be provided for in any applicable agreement for the settlement of disputes. [[Page 8538]] (4) The absence of adequate cooperation between public safety employers and employees has implications for the security of employees and can affect interstate and intrastate commerce. The lack of such labor-management cooperation can detrimentally impact the upgrading of police and fire services of local communities, the health and well- being of public safety officers, and the morale of the fire and police departments. Additionally, these factors could have significant commercial repercussions. Moreover, providing minimal standards for collective bargaining negotiations in the public safety sector can prevent industrial strife between labor and management that interferes with the normal flow of commerce. SEC. 3. DEFINITIONS. In this Act: (1) Authority.--The term ``Authority'' means the Federal Labor Relations Authority. (2) Emergency medical services personnel.--The term ``emergency medical services personnel'' means an individual who provides out-of-hospital emergency medical care, including an emergency medical technician, paramedic, or first responder. (3) Employer; public safety agency.--The terms ``employer'' and ``public safety agency'' mean any State, or political subdivision of a State, that employs public safety officers. (4) Firefighter.--The term ``firefighter'' has the meaning given the term ``employee engaged in fire protection activities'' in section 3(y) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(y)). (5) Labor organization.--The term ``labor organization'' means an organization composed in whole or in part of employees, in which employees participate, and which represents such employees before public safety agencies concerning grievances, conditions of employment, and related matters. (6) Law enforcement officer.--The term ``law enforcement officer'' has the meaning given such term in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b). (7) Management employee.--The term ``management employee'' has the meaning given such term under applicable State law in effect on the date of enactment of this Act. If no such State law is in effect, the term means an individual employed by a public safety employer in a position that requires or authorizes the individual to formulate, determine, or influence the policies of the employer. (8) Person.--The term ``person'' means an individual or a labor organization. (9) Public safety officer.--The term ``public safety officer''-- (A) means an employee of a public safety agency who is a law enforcement officer, a firefighter, or an emergency medical services personnel; (B) includes an individual who is temporarily transferred to a supervisory or management position; and (C) does not include a permanent supervisory or management employee. (10) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, and any territory or possession of the United States. (11) Substantially provides.--The term ``substantially provides'' means compliance with the essential requirements of this Act, specifically, the right to form and join a labor organization, the right to bargain over wages, hours, and conditions of employment, the right to sign an enforceable contract, and availability of some form of mechanism to break an impasse, such as arbitration, mediation, or fact-finding. (12) Supervisory employee.--The term ``supervisory employee'' has the meaning given such term under applicable State law in effect on the date of enactment of this Act. If no such State law is in effect, the term means an individual, employed by a public safety employer, who-- (A) has the authority in the interest of the employer to hire, direct, assign, promote, reward, transfer, furlough, lay off, recall, suspend, discipline, or remove public safety officers, to adjust their grievances, or to effectively recommend such action, if the exercise of the authority is not merely routine or clerical in nature but requires the consistent exercise of independent judgment; and (B) devotes a majority of time at work exercising such authority. SEC. 4. DETERMINATION OF RIGHTS AND RESPONSIBILITIES. (a) Determination.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Authority shall make a determination as to whether a State substantially provides for the rights and responsibilities described in subsection (b). In making such determinations, the Authority shall consider and give weight, to the maximum extent practicable, to the opinion of affected parties. (2) Subsequent determinations.-- (A) In general.--A determination made pursuant to paragraph (1) shall remain in effect unless and until the Authority issues a subsequent determination, in accordance with the procedures set forth in subparagraph (B). (B) Procedures for subsequent determinations.--Upon establishing that a material change in State law or its interpretation has occurred, an employer or a labor organization may submit a written request for a subsequent determination. If satisfied that a material change in State law or its interpretation has occurred, the Authority shall issue a subsequent determination not later than 30 days after receipt of such request. (3) Judicial review.--Any person or employer aggrieved by a determination of the Authority under this section may, during the 60-day period beginning on the date on which the determination was made, petition any United States Court of Appeals in the circuit in which the person or employer resides or transacts business or in the District of Columbia circuit, for judicial review. In any judicial review of a determination by the Authority, the procedures contained in subsections (c) and (d) of section 7123 of title 5, United States Code, shall be followed. (b) Rights and Responsibilities.--In making a determination described in subsection (a), the Authority shall consider whether State law provides rights and responsibilities comparable to or greater than the following: (1) Granting public safety officers the right to form and join a labor organization, which may exclude management employees and supervisory employees, that is, or seeks to be, recognized as the exclusive bargaining representative of such employees. (2) Requiring public safety employers to recognize the employees' labor organization (freely chosen by a majority of the employees), to agree to bargain with the labor organization, and to commit any agreements to writing in a contract or memorandum of understanding. (3) Permitting bargaining over hours, wages, and terms and conditions of employment. (4) Making available an interest impasse resolution mechanism, such as fact-finding, mediation, arbitration, or comparable procedures. (5) Requiring enforcement through State courts of-- (A) all rights, responsibilities, and protections provided by State law and enumerated in this section; and (B) any written contract or memorandum of understanding. (c) Failure To Meet Requirements.-- (1) In general.--If the Authority determines, acting pursuant to its authority under subsection (a), that a State does not substantially provide for the rights and responsibilities described in subsection (b), such State shall be subject to the regulations and procedures described in section 5. (2) Effective date.--Paragraph (1) shall take effect on the date that is 2 years after the date of enactment of this Act. SEC. 5. ROLE OF FEDERAL LABOR RELATIONS AUTHORITY. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Authority shall issue regulations in accordance with the rights and responsibilities described in section 4(b) establishing collective bargaining procedures for employers and public safety officers in States which the Authority has determined, acting pursuant to section 4(a), do not substantially provide for such rights and responsibilities. (b) Role of the Federal Labor Relations Authority.--The Authority, to the extent provided in this Act and in accordance with regulations prescribed by the Authority, shall-- (1) determine the appropriateness of units for labor organization representation; (2) supervise or conduct elections to determine whether a labor organization has been selected as an exclusive representative by a voting majority of the employees in an appropriate unit; (3) resolve issues relating to the duty to bargain in good faith; (4) conduct hearings and resolve complaints of unfair labor practices; (5) resolve exceptions to the awards of arbitrators; (6) protect the right of each employee to form, join, or assist any labor organization, or to refrain from any such activity, freely and without fear of penalty or reprisal, and protect each employee in the exercise of such right; and (7) take such other actions as are necessary and appropriate to effectively administer this Act, including issuing subpoenas requiring the attendance and testimony of witnesses and the production of documentary or other evidence from any place in the United States, and administering oaths, taking or ordering the taking of depositions, ordering responses to written interrogatories, and receiving and examining witnesses. (c) Enforcement.-- (1) Authority to petition court.--The Authority may petition any United States Court of Appeals with jurisdiction over the parties, or the United States Court of Appeals for the District of Columbia Circuit, to enforce any final orders under this section, and for appropriate temporary relief or a restraining order. Any petition under this section shall be conducted in accordance with subsections (c) and (d) of section 7123 of title 5, United States Code. (2) Private right of action.--Unless the Authority has filed a petition for enforcement as provided in paragraph (1), any party has the right to file suit in a State court of [[Page 8539]] competent jurisdiction to enforce compliance with the regulations issued by the Authority pursuant to subsection (b), and to enforce compliance with any order issued by the Authority pursuant to this section. The right provided by this subsection to bring a suit to enforce compliance with any order issued by the Authority pursuant to this section shall terminate upon the filing of a petition seeking the same relief by the Authority. SEC. 6. STRIKES AND LOCKOUTS PROHIBITED. (a) Prohibition.--An employer, public safety officer, or labor organization may not engage in a lockout, sickout, work slowdown, strike, or any other action that will measurably disrupt the delivery of emergency services and is designed to compel an employer, public safety officer, or labor organization to agree to the terms of a proposed contract. (b) Mandatory Terms and Conditions.--It shall not be a violation of subsection (a) for a public safety officer or labor organization to refuse to carry out services that are not required under the mandatory terms and conditions of employment applicable to the public safety officer or labor organization. SEC. 7. EXISTING COLLECTIVE BARGAINING UNITS AND AGREEMENTS. A certification, recognition, election-held, collective bargaining agreement or memorandum of understanding which has been issued, approved, or ratified by any public employee relations board or commission or by any State or political subdivision or its agents (management officials) and is in effect on the day before the date of enactment of this Act shall not be invalidated by the enactment of this Act. SEC. 8. CONSTRUCTION AND COMPLIANCE. (a) Construction.--Nothing in this Act shall be construed-- (1) to preempt or limit the remedies, rights, and procedures of any law of any State or political subdivision of any State or jurisdiction that provides greater or comparable rights and responsibilities than the rights and responsibilities described in section 4(b); (2) to prevent a State from enforcing a right-to-work law that prohibits employers and labor organizations from negotiating provisions in a labor agreement that require union membership or payment of union fees as a condition of employment; (3) to preempt or limit any State law in effect on the date of enactment of this Act that provides for the rights and responsibilities described in section 4(b) solely because such State law permits an employee to appear on the employee's own behalf with respect to the employee's employment relations with the public safety agency involved; (4) to preempt or limit any State law in effect on the date of enactment of this Act that provides for the rights and responsibilities described in section 4(b) solely because such State law excludes from its coverage employees of a State militia or national guard; (5) to permit parties in States subject to the regulations and procedures described in section 5 to negotiate provisions that would prohibit an employee from engaging in part-time employment or volunteer activities during off-duty hours; (6) to prohibit a State from exempting from coverage under this Act a political subdivision of the State that has a population of less than 5,000 or that employs less than 25 full-time employees; or (7) to preempt or limit the laws or ordinances of any State or political subdivision of a State that provide for the rights and responsibilities described in section 4(b) solely because such law does not require bargaining with respect to pension, retirement, or health benefits. For purposes of paragraph (6), the term ``employee'' includes each and every individual employed by the political subdivision except any individual elected by popular vote or appointed to serve on a board or commission. (b) Compliance.-- (1) Actions of states.--Nothing in this Act or the regulations promulgated under this Act shall be construed to require a State to rescind or preempt the laws or ordinances of any of its political subdivisions if such laws provide rights and responsibilities for public safety officers that are comparable to or greater than the rights and responsibilities described in section 4(b). (2) Actions of the authority.--Nothing in this Act or the regulations promulgated under this Act shall be construed to preempt-- (A) the laws or ordinances of any State or political subdivision of a State, if such laws provide collective bargaining rights for public safety officers that are comparable to or greater than the rights enumerated in section 4(b); (B) the laws or ordinance of any State or political subdivision of a State that provide for the rights and responsibilities described in section 4(b) with respect to certain categories of public safety officers covered by this Act solely because such rights and responsibilities have not been extended to other categories of public safety officers covered by this Act; or (C) the laws or ordinances of any State or political subdivision of a State that provides for the rights and responsibilities described in section 4(b), solely because such laws or ordinances provide that a contract or memorandum of understanding between a public safety employer and a labor organization must be presented to a legislative body as part of the process for approving such contract or memorandum of understanding. (3) Limited enforcement power.--In the case of a law described in paragraph (2)(B), the Authority shall only exercise the powers provided in section 5 with respect to those categories of public safety officers who have not been afforded the rights and responsibilities described in section 4(b). (4) Exclusive enforcement provision.--Notwithstanding any other provision of the Act, and in the absence of a waiver of a State's sovereign immunity, the Authority shall have the exclusive power to enforce the provisions of this Act with respect to employees of a State or political subdivision of a State. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. F_____ SA 4752. Mr. DeMINT submitted an amendment intended to be proposed by him to the bill H.R. 980, to provide collective bargaining rights for public safety officers employed by States or their political subdivisions; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: TITLE __--RIGHT TO WORK SEC. _01. SHORT TITLE. This title may be cited as the ``National Right-to-Work Act''. SEC. _02. AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT. (a) Rights of Employees.--Section 7 of the National Labor Relations Act (29 U.S.C. 157) is amended by striking ``except to'' and all that follows through ``authorized in section 8(a)(3)''. (b) Unfair Labor Practices.--Section 8 of the National Labor Relations Act (29 U.S.C. 158) is amended-- (1) in subsection (a)(3), by striking ``: Provided, That'' and all that follows through ``retaining membership''; (2) in subsection (b)-- (A) in paragraph (2), by striking ``or to discriminate'' and all that follows through ``retaining membership''; and (B) in paragraph (5), by striking ``covered by an agreement authorized under subsection (a)(3) of this section''; and (3) in subsection (f), by striking clause (2) and redesignating clauses (3) and (4) as clauses (2) and (3), respectively. SEC. _03. AMENDMENT TO THE RAILWAY LABOR ACT. Section 2 of the Railway Labor Act (45 U.S.C. 152) is amended by striking paragraph Eleven. SEC. _04. PUBLIC SAFETY OFFICER RIGHT-TO-WORK. Section 4(b) of the Public Safety Employer-Employee Cooperation Act of 2007 is amended by adding at the end the following: ``(6) Forbidding any public safety employer from negotiating a contract or memorandum of understanding that requires the payment of any fees to any labor organization as a condition of employment.''. F_____ SA 4753. Mr. DeMINT submitted an amendment intended to be proposed by him to the bill H.R. 980, to provide collective bargaining rights for public safety officers employed by States or their political subdivisions; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: TITLE __--SECRET BALLOT PROTECTION SEC. _01. SHORT TITLE. This title may be cited as the ``Secret Ballot Protection Act of 2008''. SEC. _02. FINDINGS. Congress makes the following findings: (1) The right of employees under the National Labor Relations Act (29 U.S.C. 151 et seq.) to choose whether to be represented by a labor organization by way of secret ballot election conducted by the National Labor Relations Board is among the most important protections afforded under Federal labor law. (2) The right of employees to choose by secret ballot is the only method that ensures a choice free of coercion, intimidation, irregularity, or illegality. (3) The recognition of a labor organization by using a private agreement, rather than a secret ballot election overseen by the National Labor Relations Board, threatens the freedom of employees to choose whether to be represented by a labor organization, and severely limits the ability of the National Labor Relations Board to ensure the protection of workers. SEC. _03. NATIONAL LABOR RELATIONS ACT. (a) Recognition of Representative.-- (1) In general.--Section 8(a)(2) of the National Labor Relations Act (29 U.S.C. 158(a)(2)) is amended by inserting before the colon the following: ``or to recognize or bargain collectively with a labor organization [[Page 8540]] that has not been selected by a majority of such employees in a secret ballot election conducted by the National Labor Relations Board in accordance with section 9''. (2) Application.--The amendment made by paragraph (1) shall not apply to collective bargaining relationships in which a labor organization with majority support was lawfully recognized prior to the date of enactment of this Act. (b) Election Required.-- (1) In general.--Section 8(b) of the National Labor Relations Act (29 U.S.C. 158(b)) is amended-- (A) in paragraph (6), by striking ``and'' at the end; (B) in paragraph (7), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(8) to cause or attempt to cause an employer to recognize or bargain collectively with a representative of a labor organization that has not been selected by a majority of such employees in a secret ballot election conducted by the National Labor Relations Board in accordance with section 9.''. (2) Application.--The amendment made by paragraph (1) shall not apply to collective bargaining relationships that were recognized prior to the date of enactment of this Act. (c) Secret Ballot Election.--Section 9(a) of the National Labor Relations Act (29 U.S.C. 159(a)), is amended-- (1) by striking ``Representatives'' and inserting ``(1) Representatives''; (2) by inserting after ``designated or selected'' the following: ``by a secret ballot election conducted by the National Labor Relations Board in accordance with this section''; and (3) by adding at the end the following: ``(2) The secret ballot election requirement under paragraph (1) shall not apply to collective bargaining relationships that were recognized before the date of the enactment of the Secret Ballot Protection Act of 2008.''. SEC. _04. REGULATIONS AND AUTHORITY. (a) Regulations.--Not later than 6 months after the date of the enactment of this Act, the National Labor Relations Board shall review and revise all regulations promulgated prior to such date of enactment to implement the amendments made by this title. (b) Authority.--Nothing in this title (or the amendments made by this title) shall be construed to limit or otherwise diminish the remedial authority of the National Labor Relations Board. SEC. 5. PUBLIC SAFETY SECRET BALLOT. Section 4(b)(2) of the Public Safety Employer-Employee Cooperation Act of 2007 is amended by inserting before the period the following: ``Provided, That the labor organization is selected by a majority of employees in a secret ballot election supervised by a governmental body or agency''. ______ SA 4754. Mr. VITTER submitted an amendment intended to be proposed to amendment SA 4751 proposed by Mr. Reid (for Mr. Gregg (for himself and Mr. Kennedy)) to the bill H.R. 980, to provide collective bargaining rights for public safety officers employed by States or their political subdivisions; which was ordered to lie on the table; as follows: At the appropriate place in section 8(a) of the amendment, insert the following: ``(_) to apply to a public safety agency that is established prior to the date of enactment of this Act under applicable State law that has a chief law enforcement officer who has the authority to, in a manner independent of other State and local entities, establish and maintain its own budget and levy taxes for the operation of such agency (the term `chief law enforcement officer' as used in this paragraph means an elected sheriff who is identified in State law as the ex-officio Chief Law Enforcement Officer of a law enforcement district);''. ______ SA 4755. Mr. HATCH submitted an amendment intended to be proposed to amendment SA 4751 proposed by Mr. Reid (for Mr. Gregg (for himself and Mr. Kennedy)) to the bill H.R. 980, to provide collective bargaining rights for public safety officers employed by States or their political subdivisions; as follows: At the end of section 2, add the following: (5) Public safety officers frequently endanger their own lives to protect the rights of individuals in their communities. In return, each officer deserves the optimal protection of his or her own rights under the law (6) The health and safety of the Nation and the best interests of public security are furthered when employees are assured that their collective bargaining representatives have been selected in a free, fair and democratic manner. (7) An employee whose wages are subject to compulsory assessment for any purpose not supported or authorized by such employee is susceptible to job dissatisfaction. Job dissatisfaction negatively affects job performance, and, in the case of public safety officers, the welfare of the general public. SEC. 2A. PUBLIC SAFETY OFFICER BILL OF RIGHTS. (a) In General.--A State law described in section 4(a) shall-- (1) provide for the selection of an exclusive bargaining representative by public safety officer employees only through the use of a democratic, government-supervised, secret ballot election upon the request of the employer or any affected employee; (2) ensure that public safety employers recognize the employees' labor organization, freely chosen by a majority of the employees pursuant to a law that provides the democratic safeguards set forth in paragraph (1), to agree to bargain with the labor organization, and to commit any agreements to writing in a contract or memorandum of understanding; and (3) provide that-- (A) no public safety officer shall, as a condition of employment, be required to pay any amount in dues or fees to any labor organization for any purpose other than the direct and demonstrable costs associated with collective bargaining; and (B) a labor organization shall not collect from any public safety officer any additional amount without full disclosure of the intended and actual use of such funds, and without the public safety officer's written consent. (b) Applicability of Disclosure Requirements.-- Notwithstanding any other provision of law, any labor organization that represents or seeks to represent public safety officers under State law or this Act, or in accordance with regulations promulgated by the Federal Labor Relations Authority, shall be subject to the requirements of title II of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 432 et seq.) as if such public safety labor organization was a labor organization defined in section 3(i) of such Act (29 U.S.C. 402(i)). (c) Application.--Notwithstanding any other provision of law, the provisions of this section shall apply to all States. ______ SA 4756. Mr. VITTER submitted an amendment intended to be proposed by him to the bill H.R. 980, to provide collective bargaining rights for public safety officers employed by States or their political subdivisions; which was ordered to lie on the table; as follows: At the appropriate place in section 6, insert the following: (_) The term ``chief law enforcement officer'' means an elected sheriff who is identified in State law as the ex- officio Chief Law Enforcement Officer of a law enforcement district. At the appropriate place in section 8(a), insert the following: ``(_) to apply to a public safety agency that is established prior to the date of enactment of this Act under applicable State law that has a chief law enforcement officer who has the authority to, in a manner independent of other State and local entities, establish and maintain its own budget and levy taxes for the operation of such agency;''. ______ SA 4757. Mr. VITTER submitted an amendment intended to be proposed by him to the bill H.R. 980, to provide collective bargaining rights for public safety officers employed by States or their political subdivisions; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. __. RECIPROCITY FOR THE CARRYING OF CERTAIN CONCEALED FIREARMS. (a) In General.--Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following: ``Sec. 926D. Reciprocity for the carrying of certain concealed firearms ``Notwithstanding any provision of the law of any State or political subdivision thereof: ``(1) A person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and is carrying a valid license or permit which is issued pursuant to the law of any State and which permits the person to carry a concealed firearm, may carry in any State a concealed firearm in accordance with the terms of the license or permit, subject to the laws of the State in which the firearm is carried concerning specific types of locations in which firearms may not be carried. ``(2) A person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and is otherwise than as described in paragraph (1) entitled to carry a concealed firearm in and pursuant to the law of the State in which the person resides, may carry in any State a concealed firearm in accordance with the laws of the State in which the person resides, subject to the laws of the State in which the firearm is carried concerning specific types of locations in which firearms may not be carried.''. (b) Clerical Amendment.--The table of sections for chapter 44 of title 18 is amended by inserting after the item relating to section 926C the following: ``926D. Reciprocity for the carrying of certain concealed firearms.''. (c) Effective Date.--The amendments made by this section shall take effect 180 days after the date of enactment of this Act. ______ SA 4758. Mr. LEAHY submitted an amendment intended to be proposed by [[Page 8541]] him to the bill H.R. 980, to provide collective bargaining rights for public safety officers employed by States or their political subdivisions; which was ordered to lie on the table; as follows: At the end of the amendment, insert the following: TITLE __--LAW ENFORCEMENT OFFICERS SAFETY ACT OF 2008 SEC. 01. SHORT TITLE. This title may be cited as the ``Law Enforcement Officers Safety Act of 2008''. SEC. 02. AMENDMENTS TO LAW ENFORCEMENT OFFICERS SAFETY PROVISIONS OF TITLE 18. (a) In General.--Section 926B of title 18, United States Code, is amended by adding at the end the following: ``(f) For purposes of this section, a law enforcement officer of the Amtrak Police Department or a law enforcement or police officer of the executive branch of the Federal Government qualifies as an employee of a governmental agency who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest.''. (b) Retired Law Enforcement Officers.--Section 926C of title 18, United States Code, is amended-- (1) in subsection (c)-- (A) in paragraph (3)(A), by striking ``was regularly employed as a law enforcement officer for an aggregate of 15 years or more'' and inserting ``served as a law enforcement officer for an aggregate of 10 years or more''; (B) by striking paragraphs (4) and (5) and inserting the following: ``(4) during the most recent 12-month period, has met, at the expense of the individual, the standards for qualification in firearms training for active law enforcement officers as set by the officer's former agency, the State in which the officer resides or, if the State has not established such standards, a law enforcement agency within the State in which the officer resides;''; and (C) by redesignating paragraphs (6) and (7) as paragraphs (5) and (6), respectively; (2) in subsection (d)-- (A) in paragraph (1), by striking ``to meet the standards established by the agency for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm; or'' and inserting ``to meet the active duty standards for qualification in firearms training as established by the agency to carry a firearm of the same type as the concealed firearm or''; and (B) in paragraph (2)(B), by striking ``that indicates that the individual has, not less recently than 1 year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the State to meet the standards established by the State for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm.'' and inserting ``or by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State that indicates that the individual has, not less recently than 1 year before the date the individual is carrying the concealed firearms, been tested or otherwise found by the State or a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State to have met-- ``(i) the active duty standards for qualification in firearms training as established by the State to carry a firearm of the same type as the concealed firearm; or ``(ii) if the State has not established such standards, standards set by any law enforcement agency within that State to carry a firearm of the same type as the concealed firearm.''; and (3) by adding at the end the following: ``(f) In this section, the term `service with a public agency as a law enforcement officer' includes service as a law enforcement officer of the Amtrak Police Department or as a law enforcement or police officer of the executive branch of the Federal Government.''. ______ SA 4759. Mr. LEAHY (for himself, Mrs. Clinton, Mr. Cardin, and Mr. Obama) proposed an amendment to amendmend SA 4751 proposed by Mr. Reid (for Mr. Gregg (for himself and Mr. Kennedy)) to the bill H.R. 980, to provide collective bargaining rights for public safety officers employed by States or their political subdivisions; as follows: At the end of the amendment, insert the following: TITLE __--BULLETPROOF VEST PARTNERSHIP GRANT AND HARDSHIP WAIVER FOR MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR VESTS SEC. 01. REAUTHORIZATION OF BULLETPROOF VEST PARTNERSHIP GRANT . (a) Short Title.--This section may be cited as the ``Bulletproof Vest Partnership Grant Act of 2008'' (b) Reauthorization.--Section 1001(a)(23) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(23)) is amended by striking ``2009'' and inserting ``2012''. SEC. 02. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR VESTS. Section 2501(f) of part Y of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ll(f)) is amended by inserting at the end the following: ``(3) Waiver.--The Director may waive, in whole or in part, the requirement of paragraph (1) in the case of fiscal hardship, as determined by the Director.''. ______ SA 4760. Mr. ALEXANDER (for himself and Mr. Corker) proposed an amendment to amendment SA 4751 proposed by Mr. Reid (for Mr. Gregg (for himself and Mr. Kennedy)) to the bill H.R. 980, to provide collective bargaining rights for public safety officers employed by States or their political subdivisions; as follows: At the appropriate place, insert the following: SEC. __. GUARANTEEING PUBLIC SAFETY AND LOCAL CONTROL OF TAXES AND SPENDING. Notwithstanding any State law or regulation issued under section 5, no collective-bargaining obligation may be imposed on any political subdivision or any public safety employer, and no contractual provision may be imposed on any political subdivision or public safety employer, if either the principal administrative officer of such public safety employer, or the chief elected official of such political subdivision certifies that the obligation, or any provision would be contrary to the best interests of public safety; or would result in any increase in local taxes, or would result in any decrease in the level of public safety or other municipal services. ______ SA 4761. Mr. CORKER proposed an amendment to amendment SA 4751 proposed by Mr. Reid (for Mr. Gregg (for himself and Mr. Kennedy)) to the bill H.R. 980, to provide collective bargaining rights for public safety officers employed by States or their political subdivisions; as follows: At the appropriate place, insert the following: SEC. __. STATE EXEMPTION. Notwithstanding any other provision of this Act, the provisions of this Act shall not apply to a State (or political subdivision) that, within 1 year of the date of enactment of this Act, enacts a law that specifically refutes the provisions of this Act. ____________________