[Congressional Record Volume 154, Number 78 (Tuesday, May 13, 2008)]
[Senate]
[Pages S4115-S4119]
From the Congressional Record Online through the 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.
       (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

[[Page S4116]]

     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 
     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.

[[Page S4117]]

       (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 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--

[[Page S4118]]

       (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 
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:

[[Page S4119]]

     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.

                          ____________________