Federal Legislative Update for January 2011

Paying into Social Security:  Protecting CCPOA members

CCPOA members have never been required under federal law to pay into the social security system. Such a requirement would impose an additional 6.1 % payroll tax on CCPOA members and an additional 6.1% tax on the State.  While there have been several proposals over the years that would require all state and local government employees to pay into the system as a way to increase revenue, no such legislation was considered during the last session of Congress.  CCPOA worked with Members of the California Congressional Delegation; and Members of the House Ways and Means Committee; Subcommittee on Social Security; the Senate Committee on Finance; and the Subcommittee on Social Security.   

Deportable Criminals Serving Time in California’s Prisons and Jails:  CCPOA Working to Secure Reimbursement

State Criminal Alien Assistance Program (SCAAP)
SCAAP provides reimbursement to state and local government for the cost of incarcerating deportable criminals who are serving time in state and local correctional facilities.  While this program has helped offset some of the costs of incarcerating deportable criminals, the federal funds state and local governments receive in California are far less than actual costs.  According to Senator Feinstein, in 2009 undocumented aliens comprised approximately 11 percent of the inmates in California's State prison system. In 2010, the State of California is expected to spend $970.3 million dollars from the general fund to incarcerate criminal aliens but will only be reimbursed 10% of the costs. 

Awards for the State of California:

• $88,106,548 in 2010
• $112,501,939 in 2009
• $118,030,160 in 2008
• $109,545,432 in 2007
• $91,781,092 in 2006
• $10,590,045 in supplemental funding for 2006.
• $85,953,191 in 2005
• $111,899,215 in 2004
• $66,182,010 in 2003
• $143,000,999 in 2002

CCPOA Working To Increase Funding For SCAAP for Fiscal Year 2012 and beyond

President Obama, in his first year as President, proposed eliminating funding for SCAAP.  In his budget request for Fiscal year 2010, Obama proposed $300,000,000 in funding for this program. CCPOA has worked to increase funding for this important program. 

CCPOA has worked to secure the authorization to appropriate funds for SCAAP.  The program is authorized a $750 million for 2006; $850 million for 2007, and $950 million for 2008-2011.  The reauthorization of the program allows appropriators to provide funds for the program.

Senator Dianne Feinstein introduced S. 3376, which was referred to the Senate Committee on the Judiciary.   This bill would authorize to be appropriated $950,000,000 for each of the fiscal years 2012 through 2015 to carry out the State Criminal Alien Assistance Program. Unfortunately, this legislation did not make it through the legislative process.

CCPOA Working To Make Improvements to SCAAP

Congresswoman Linda Sanchez and Senator Dianne Feinstein introduced H.R. 1314 and S. 168, legislation that would allow provide for state and local governments to be eligible for SCAAP funding for inmates who are convicted of a felony or two misdemeanors.  Unfortunately, this legislation did not make it through the legislative process.

CCPOA Working To Improve Officer Access to Protective Vests

The Bulletproof Vest Program provides local and state governments with 50% of the cost of purchasing a protective vest for law enforcement officers. 

(Please note it is unclear how many of these vests were purchased for state correctional officers and how many vests were purchased for other state law enforcement officers.)

• $1,598,843 in 2010
• $674,922 in 2009
• $642,772 in 2008 to purchase 15,248 vests
• nothing in 2007
• $585,108 in 2006 to purchase 12,644 vests
• $577,553 in 2005 to purchase 10,360 vests
• $881,696 in 2004 to purchase 19,124 vests
• nothing in 2003
• $200,307 in 2002 to purchase 7,750 vests
• $1,275,000 in 2001 to purchase 20,946 vests
• $296,375 in 2000 to purchase 3,910 vests
• $194,000 in 1999 to purchase 8,907 vests

Authorizations

As strongly supported by CCPOA, the Bulletproof Vest Partnership Grant Program is authorized through fiscal year 2012

Waiving the Match

H.R.3981, the Wayne Cotton Morgan Bulletproof Vest Act of 2009 was introduced by Congressman Tim Holden and referred to the House subcommittee. This legislation did not make it through the legislative process.  H.R. 3981 would waive the grantee matching funds requirement applicable to the grant program for purchasing bulletproof armor vests for vests purchased for law enforcement officers who work in high security risk areas and correctional officers who transport prisoners. 

CCPOA is a Strong Supporter of Public Safety Officer Benefits (PSOB)

The PSOB Program provides a one-time financial benefit to the eligible survivors of public safety officers whose deaths are the direct and proximate result of a traumatic injury sustained in the line of duty.  As of October 1, 2008, the current death benefit for officers is $303,064.

CCPOA strongly supports full funding for the Public Safety Officers Benefit Program (PSOB) and expansions to the program.  CCPOA, along with other law enforcement groups, have been successful in securing full funding for the program, an increase in the benefits, and expansion of the benefits to include educational assistance and eligibility of officers who die due to a heart attack or stroke. 

CCPOA Opposes Prison Privatization

CCPOA adamantly opposes the privatization of corrections and is fighting against the privatization of corrections at the federal level, and working to educate Members of Congress and expose the shortfalls of private prisons. As a matter of public safety, federal, state and local governments should be responsible for housing inmates.  CCPOA supports legislation that would:

• prohibit states from housing state prisoners in private prisons in other states
• prohibit the use of federal grant money by states to privatize corrections
• require private prison companies to disclose the same information to the public as is required of the public sector
• to prevent the federal government from contracting with the private sector to house federal inmates

CCPOA Focused on Protecting Officers Personal Information:  Bill Signed Into Law

S.3789, the Social Security Number Protection Act of 2010, was introduced by Senator Feinstein and signed into law on December 18, 2010.  CCPOA has strongly supported this language for several years.  The new law prohibits federal, state, or local agencies from: (1) displaying the Social Security account number of any individual, or any derivative of such number, on any check issued for any payment by the agency; or (2) employing, or entering into a contract for the use or employment of, prisoners in any capacity that would allow them access to the Social Security account numbers of other individuals.

CCPOA Working To Improve Active and Retired Officers Right To Carry

S. 1132, the Law Enforcement Officers Safety Act Improvements, introduced by Senator Leahy, was signed into law by President Obama and is in effect.  This bill will improve the ability of retired officers to comply with existing federal law when carrying a firearm.  This new law improves existing law (H.R. 218, the Law Enforcement Officers’ Safety Act), which was signed into law in July of 2004.  Many retired officers were experiencing significant frustration in getting certified to lawfully carry a firearm.  This new law gives retired officers more flexibility in obtaining certification.

The Law Enforcement Officers Safety Act Improvements Act:

·         Revises the definition of "qualified retired law enforcement officer" to include officers separated (currently, retired) in good standing from service with a public agency as a law enforcement officer;

·         Reduces the years-of-service requirement for such officers from 15 to 10 years;

·         Revises the requirements for firearms certification for separated officers to allow firearms training in accordance with the standards of the officer's former agency, the state in which such officer resides, or if such state has not established training standards, standards established by a law enforcement agency within the state or those used by a certified firearms instructor;

·         Revises mental health requirements for such officers.

CCPOA Supporting Measures to Overturn the Social Security Windfall Elimination Provision and the Government Pension Offset

The Government pension offset reduces a public employee's Social Security spousal or survivor benefits by an amount equal to two-thirds of the individual's public pension.  In most cases, the Government pension offset eliminates the spousal benefit for which an individual qualifies. Three quarters of employees affected by the Government pension offset lose their entire spousal benefit, even though their spouse paid Social Security taxes for many years.   According to the Congressional Research Service, the Government pension offset provision alone reduces the retirement benefits earned by nearly 500,000 Americans each year by an average of $500 per month.

The windfall elimination provision reduces Social Security benefits by up to 50 percent.   Private-sector retirees receive monthly Social Security checks equal to 90 percent of their first $744 in average monthly career earnings, plus 32 percent of monthly earnings up to $4,483 and 15 percent of earnings above $4,483. Under the windfall elimination provision, retired public employees, however, are only allowed to receive 40 percent of the first $744 in career monthly earnings, a penalty of over $350 per month.

H.R.235 and S. 484, introduced by Howard Berman (D-CA) and Senator Feinstein (D-CA) wouldrepeal the Government pension offset and windfall elimination provisions.  H.S. 235 has been referred to the House Committee on Ways and Means and has 334 cosponsors. S.484 was referred to the Senate Committee on Finance and has 31 cosponsors.  Unfortunately, these bills did not make it through the legislative process.

These bills would repeal: (1) government pension offset requirements applicable to husband's and wife's insurance benefits, widow's and widower's insurance benefits, and mother's and father's insurance benefits with respect to OASDI payments; and (2) windfall elimination requirements with respect to computation of an individual's primary insurance amount.

CCPOA Advocating For Additional Law Enforcement Funding for the State of California

The U.S. Department of Justice, Office of Justice Programs, has made the following grant awards, designated by the Omnibus Appropriation Act of 2010, public law 111-117. 

State of California:

• Bulletproof Vest Partnership Program:  $1,598,843
• California Corrections Standard Authority, Juvenile Accountability Block Grants, Office of Juvenile Justice and Delinquency Prevention:  $4,442,000
• California Corrections Standard Authority, Formula Grants Program, Office of Juvenile Justice and Delinquency Prevention:  $8,970,000
• California Corrections Standard Authority, Community Prevention Grants Program, Office of Juvenile Justice and Delinquency Prevention:  $84,945
• CDCR, Statewide Automated Victim Information and Notification Enforcement, Bureau of Justice Assistance:  $155,000
• California Department of Justice, Convicted Offender and/or Arrestee DNA Backlog Reduction Program, Bureau of Justice Assistance:  $473,967
• California Department of Justice, Forensic DNA Backlog Reduction Program, Bureau of Justice Assistance:  $1,937,262
• California Emergency Management Agency, Paul Coverdell Forensic Science Improvement Grants Program, Bureau of Justice Assistance:  $2,726,757
• California Emergency Management Agency, Edward Byrne Memorial Justice Assistance Grant,  Bureau of Justice Assistance:  $31,637,389
• California Emergency Management Agency, Project Safe Neighborhoods, Bureau of Justice Assistance:  $247,516; $466,457; $235,782
• California Emergency Management Agency, John R. Justice Grant Program, Bureau of Justice Assistance:  $1,045,856
• California Emergency Management Agency, Residential Substance Abuse Treatment for State Prisoners, Bureau of Justice Assistance:  $2,780,460
• California Emergency Management Agency, Victim Assistance Formula, Bureau of Justice Assistance:  $46,204,706

State of California, Statutory Earmarks

• California Department of Justice, Bryne Discretionary, $250,000 by Congressman Calvert
• California Department of Justice, Bryne Discretionary, $100,000 by Congressman Cardoza
• California Department of Justice, Byrne Discretionary, $500,000 by Senator Feinstein

CCPOA Supporting Measures To Improve Safety and Security in Prisons and Jails

• Senator Feinstein introduced S. 1749, the Cell Phone Contraband Act of 2010, which was signed into law on August 10, 2010.  This law amends the federal criminal code to include a phone or other device provided by a commercial mobile service as a "prohibited object" the provision of which to, or the possession of which by, a federal prisoner is prohibited.  The bill directs the Comptroller General to submit a report to Congress within 90 days after the enactment of this Act on a study of: (1) telephone rates within state and federal prisons and jails, to include information on interstate, intrastate, and collect calls made by prisoners; (2) state and federal efforts to prevent the smuggling of cell phones and other wireless devices into prisons and jails; and (3) cell phone use by inmates.
   
• Senator Hutchinson introduced S.251, the Safe Prisons Communications Act of 2009.  A House companion bill, H.R. 560, was introduced by Congressman Kevin Brady.  This legislation did not make it through the legislative process.  The legislation would authorize the Federal Communications Commission (FCC) to permit the supervisory authority of a correctional facility to operate a jamming system within the facility to prevent, jam, or otherwise interfere with unauthorized wireless communications by individuals held in the facility. Defines "supervisory authority" as the Director of the Federal Bureau of Prisons, the chief executive officer of a state, or the person in charge of a county or local correctional facility not under the authority of the chief executive officer of a state.

CCPOA Advocating for Improved Border Security

Working to Secure Our Borders

H.R. 5875, an appropriation bill providing supplemental funding for Border Security, became public law on August 13, 2010. 

The Border Security bill provides $701 million to address the threat of increased violence along the Southwest Border by strengthening border security and enforcement efforts. The funding includes:

• Border Patrol Agents: $208.4 million for 1,200 additional Border Patrol agents deployed between the ports of entry along the Southwest Border.
• CBP Officers: $136 million to maintain current Customs and Border Protection (CBP) officer staffing levels and add 500 additional officers at ports of entry along the Southwest Border.
• Operation Stonegarden: $50 million for Operation Stonegarden grants to support local law enforcement activities on the border.
• Immigration Enforcement Activities: $30 million for Immigration and Customs Enforcement (ICE) activities directed at reducing the threat of narcotics smuggling and associated violence.

Officer Bill of Rights

H.R.1972, the Law Enforcement Officer's Procedural Bill of Rights Act of 2009, was introduced by Congressman Stupak.  This legislation did not make it through the legislative process.  This legislation would have set for the due process rights, including procedures, that shall be afforded a law enforcement officer who is the subject of an investigation or disciplinary proceedings.  This would provide minimum rights to officers in states that currently do not have such rights and would not impact officers in California.

Collective Bargaining Rights

CCPOA supports legislation that would provide collective bargaining rights to officers in states that do not have those rights.  Three bills were introduced but unfortunately none of them made it through the legislative process.  H.R. 413 was introduced by Congressman Kildee and this measure had 227 cosponsors.  Hearings on this measure were held by the Subcommittee on Health, Employment, Labor, and Pensions.  S. 1611, the companion bill to H.R. 413, was introduced by Senator Gregg.  S.3194, introduced by Senator Reid, was placed on the legislative calendar but did not make it through the legislative process.