Fraternal Order of Police - Legislation

ABBREVIATED ISSUES PAPER
Updated January 2002

The Grand Lodge has identified five issues of critical importance to rank-and-file law enforcement:

I. Support H.R. 21, amending the "Lautenberg Law"
The F.O.P. believes that the current application of the so-called "Lautenberg Law" is impossible to enforce equitably and fairly. The law provides a firearms disability to any person who at any time had been found guilty of a misdemeanor crime involving domestic violence, raising serious constitutional questions. The F.O.P. supports H.R. 21, which makes the law apply prospectively to all persons.

II. Support H.R. 218, the "Community Protection Act"
The F.O.P. strongly supports H.R. 218, which exempts qualified active and retired law enforcement officers from State and local prohibitions on the carrying of concealed firearms. If passed, active and retired officers will be able to carry a concealed firearm when crossing through jurisdictions other than their own.

III. Support H.R. 1475/S. 952, the "Public Safety Employer-Employee Cooperation Act"
The F.O.P. strongly supports legislation which would guarantee the right of public employees to bargain collectively with their employers over hours, wages and conditions of employment. The bill will mandate that each State provide minimum collective bargaining rights to their public safety employees and outlines certain provisions that must be included in State laws, but leaves the major decisions to the State legislatures. Strikes and lockouts are prohibited by the bill and States with collective bargaining laws will be exempt from the Federal statute.

IV. Support H.R. 1626/S. 840, the "Law Enforcement Discipline, Accountability and Due Process Act"
The F.O.P. strongly supports a "bill of rights" for law enforcement officers who are, in a number of jurisdictions, denied their due process rights by police administrators and management in noncriminal proceedings. There is a need for a minimum level of procedural protections for law enforcement officers accused of administrative wrongdoing because of the gravity of potential harm to officers created by this lack of uniform safeguards.

V. Social Security Issues: Support H.R. 2638/S. 1523, the "Social Security Fairness Act," H.R. 664/S. 611, the "Government Pension Offset Reform Act," and H.R. 848, the "Social Security Benefits Restoration Act"
The F.O.P. vehemently opposes mandatory participation for public employees or new hires who participate in their own retirement systems which provide better benefits than Social Security. It is estimated that 76% of public safety personnel do not participate in the Social Security system. Mandating participation would amount to an additional 6.2% tax on the employee, to be matched by a 6.2% contribution by the employer. This amount would be in addition to whatever monies are paid into the local or State retirement system. This new 12.4% tax jeopardizes the fiscal solvency of existing retirement plans and overly burdens the local departments, who already must stretch every dollar. The F.O.P. continues to work to restore cuts in Social Security benefits by supporting H.R. 2638 and S. 1523, the "Social Security Fairness Act," which would repeal both the "Windfall Elimination Provision" (WEP) and the "Government Pension Offset" (GPO). The F.O.P. also supports H.R. 848, the "Social Security Benefits Restoration Act," which would repeal the WEP, and H.R. 664 and S. 611, the "Government Pension Reform Act," which would amend the GPO provision in current law.

For more information or elaboration, please do not hesitate to contact the National F.O.P. Legislative Office at 202.547.8189 or via e-mail.