Washington Report

Social Security Fairness Act Update; PSN Reauthorization; 119th Congress Outlook; De Minimis Loophole

NAPO Turns Focus on Senate to Pass Social Security Fairness Act

With the House passage of H.R. 82, the Social Security Fairness Act, on November 12 by a vote of 327-75, NAPO is focusing all our efforts on the Senate to finally get this bill across the finish line.

The Senate is off the week of November 25 for Thanksgiving recess and returns on December 2, giving us only three weeks until the Senate is scheduled to adjourn for the year on December 20.  There is precious little floor time for a vote on the Social Security Fairness Act and many competing priorities, including several must-pass bills such as government funding and the National Defense Authorization Act. We need to ensure we have everything in place to secure the vote we need. The only way we can get a floor vote on the bill is to have Senate Democrat and Republican leadership agree on bringing the bill to the floor quickly and avoiding procedural hurdles.

Senate Democrats ran a hotline on H.R. 82 this week to see if any Senators in their party would oppose bringing the bill to the floor for a vote and the bill cleared the hotline. With Democrats unanimously in support of voting on the bill – which is not the same as voting for the bill – we turn our efforts to Senate Republicans. We need the Ranking Member of the Senate Finance Committee, Senator Mike Crapo (R-ID), and Minority Leader Mitch McConnell (R-KY) to agree to bring this bill to the floor for a quick up or down roll call vote. Whether this bill moves in is almost entirely in the hands of Senate Republicans.

NAPO is meeting with Senator Crapo’s staff and is in contact with Minority Leader McConnell’s staff regarding our ask to have a vote on H.R. 82.

NAPO is also working to shore up the support of the 60 cosponsors of S. 597. We sent individual thank you letters to each cosponsor, thanking them for their support and urging them to join us in asking Senate leadership to quickly schedule a vote on H.R. 82. We need all 60 cosponsors to be with us to overcome a threatened filibuster. We are also continuing to ask Senators who have not yet cosponsored the bill to sign on in support of S. 597.

Additionally, NAPO joined a national public sector union joint letter, signed by 38 national unions and organizations, to every Senator urging them to vote on and pass H.R. 82.

Please join NAPO’s efforts and reach out to your Senators, whether they are a cosponsor or not.  The contact information for the legislative directors of every Senator can be found here, with the current cosponsors highlighted in yellow. You can also find a sample letter to use in your efforts here and a one-pager on the Social Security Fairness Act here.  Thank you to our member organizations who have reached out to their Senators. Without your advocacy and support, we would not be this close to finally getting the Social Security Fairness Act across the finish line.

Please don’t hesitate to reach out to NAPO’s Director of Governmental Affairs, Andy Edmiston, at (703) 549-0775 or aedmiston@napo.org if you have any questions or need more information.

NAPO Supports Inclusion of Project Safe Neighborhoods Reauthorization in NDAA

As the House and Senate continue to finalize the details of the Fiscal 2025 National Defense Authorization Act (NDAA), NAPO is calling for the inclusion of the Project Safe Neighborhoods Reauthorization Act.

NAPO successfully secured the addition of the Project Safe Neighborhoods Reauthorization Act in the Senate version of the NDAA as part of a package of amendments called the Law Enforcement and Victim Support Act. However, the House Judiciary Committee has picked apart that package as it determines what Judiciary-related issues it will permit in the NDAA, leaving much of the package on the cutting room floor. This is unfortunate as the bills that comprised the Law Enforcement and Victim Support Act included several NAPO priority bills: Fighting PTSD Act, American Law Enforcement SAVER Act, Project Safe Neighborhoods Reauthorization Act, Strong Communities Act, and Project Safe Childhood Act.

As the House Judiciary Committee, under the leadership of Chairman Jim Jordan (R-OH), is opposing most of the bills included in the package, NAPO is calling on the Committee to support the inclusion of the Project Safe Neighborhoods Reauthorization Act in the FY25 NDAA. It was then-Attorney General Jeff Sessions who resurrected this important program under President Trump in 2017 due to its effectiveness in targeting and fighting violent drug and gun crimes in our communities. Congress, under both Republican and Democratic leadership, has since supported and funded Project Safe Neighborhoods every year.

The bills House Republicans are rejecting – and have rejected for the entirety of this Congress – include bills that would help protect the mental health and physical wellbeing of law enforcement officers and provide resources to address the recruitment crisis the profession is facing. We are asking them to simply reauthorize a popular and effective program that will help state and local law enforcement fight and reduce violent crime, which is a priority of President-elect Trump.

Congress will take up the final FY25 NDAA sometime in December when it returns from Thanksgiving recess. We hope to see the Project Safe Neighborhoods Reauthorization Act included.

Outlook for the 119th Congress

Republicans officially won the Senate and House, giving the party full control of Congress and the Administration. The Republican majority in both chambers will be slim. Republicans currently hold a 53 to 46 lead over Democrats in the Senate with one race left to be called and a 219 to 213 lead in the House with three races still to be determined.

Without a filibuster-proof majority in the Senate and a small majority in the House, Republicans will have to work in lockstep across both chambers to accomplish the President’s agenda. That has not been their strong suit this Congress, but with President Trump leading the way, they could coalesce around his priorities.

In addition to appropriations and confirming President Trump’s cabinet nominees, we expect the first two significant orders of business in the 119th Congress to be moving a major legislative package to extend the 2017 Trump tax cuts and taking up legislation to support the Administration’s work to deport illegal immigrants, both of which could impact state and local law enforcement.

Included in the 2017 Tax Cuts and Jobs Act was the $10,000 cap on the State and Local Tax (SALT) deduction, which has negatively impacted many of our members who live and work in high-cost metropolitan areas. The cap was included to help pay for the $2 trillion tax cuts. We will be pushing Congress to allow the cap to sunset, a move that President-elect Trump stated he supported while on the campaign trail.

We will also be pressing for the inclusion of other policies promoted by President-elect Trump, such as making state and local law enforcement overtime pay tax exempt, as well as making out-of-pocket costs for equipment, uniforms, and things that are necessary for officers to safely and effectively do their jobs tax deductible.

During consideration of the 2017 Tax Cuts and Jobs Act, NAPO fought off a provision that would have taxed state and local public pension investment earnings. The proposed 39% tax on certain investment earnings of public pension plans would have seriously diminished overall investment returns which are used to pay the benefits of pension plan participants and cause significant funding shortfalls. This proposal was considered to bring in additional revenue to help pay for the tax cuts. We have every reason to believe that it will be back on the table as the extension and renewal of the 2017 tax cuts is estimated to cost $4 trillion.

Regarding the incoming Administration’s plan to start deporting illegal immigrants on Day 1, that could significantly impact state and local law enforcement as U.S Customs and Border Protection is seriously understaffed and under-resourced and will need Congress to act to give it the support and resources it needs to accomplish this substantial task. In the meantime, the federal government will look to state and local law enforcement to assist and comply with its deportation efforts and the Administration may use various carrot and stick methods to gain cooperation. For example, during President Trump’s first term, the Administration attempted to use Department of Justice (DOJ) grant penalties to force sanctuary cities to comply with Immigration and Customs Enforcement (ICE) detainer requests.

NAPO believes that state and local law enforcements should cooperate with ICE and the Department of Homeland Security when it comes to detaining and deporting dangerous criminal illegal immigrants.  Sanctuary cities that refuse to entertain or comply with ICE detainer requests pose a threat to our communities and hinder law enforcement’s ability to keep our citizens safe. We need to ensure that state and local law enforcement receives the funding and resources necessary to assist with the efforts to deport criminal illegal aliens.

Outside of moving the Trump Administration’s priorities, we can expect much of the same from the 119th Congress that we experienced this Congress. Congressman Jim Jordan (R-OH) will remain the Chair of the House Judiciary Committee so we will continue to face an uphill battle in the House to reauthorize and expand grant programs and establish new programs. The same opposition remains to moving the Protect and Serve Act and establishing increased protections for law enforcement officers against assaults and ambush attacks. We will also continue to face attempts to eliminate law enforcement’s access to data that we spent the majority of this Congress fighting off.

We did pass the LEOSA Reform Act in the House this year and with a Republican-led Senate and Donald Trump as President, we have a greater chance of getting this important bill enacted. President Trump is also incredibly supportive of tariffs, and we believe we have a significant opportunity to close the de minimis loophole under his leadership. This will help stop the free flow of fentanyl into the country through international mail.

In the Senate, Senator Charles Grassley (R-IA) will be taking over the Senate Judiciary Committee. We have a long, established relationship with the Senator and look forward to his leadership of the Committee under which we will see support for many of our priorities, including state and local law enforcement grant programs, protecting officers’ health and wellness, and improving the Public Safety Officers’ Benefits (PSOB) Program.

Senator John Thune (R-SD) will replace Senator Mitch McConnell as Majority Leader in the 119th Congress. Senator Thune has supported increased protections for officers, providing resources to fight the spread of fentanyl and other illicit drugs, and ending the lax prosecution of crime at the state and local level.  With Republicans holding only a three-seat majority in the Senate, we will still have the filibuster to contend with and bipartisanship will be key to moving legislation, which is very similar to our experience this Congress.

President Trump leads this Republican party with a strong hand and with his leadership we may be successful at overcoming many of the obstacles we faced this Congress, particularly in the House. We look forward to working with his Administration and the next Congress to enact policies that support our nation’s rank-and-file law enforcement officers.

U.S.-China Commission Releases Consensus Report that Calls for Elimination of De Minimis Loophole

On November 19, the bipartisan U.S.-China Commission released a consensus report to Congress that includes amplifying the urgent need to eliminate de minimis from all e-commerce shipments. This Report is in response to the Commission’s mandate “to monitor, investigate, and report to Congress on the national security implications of the bilateral trade and economic relationship between the United States and the People’s Republic of China.”

The Report includes 32 recommendations for Congress to consider, with the first ten recommendations being the most important for Congressional action. The second recommendation calls for Congress to eliminate the de minimis trade loophole and provide U.S. Customs and Border Protection adequate resources, including staff and technology, for implementation, monitoring, and enforcement of U.S. trade laws. This recommendation echoes the actions that NAPO has been calling on Congress and the Administration to take to help stop the flow of fentanyl into our country and communities.

Closing the de minimis trade loophole is necessary to remove significant fentanyl trafficking routes into this country and essential to any national strategy to end the fentanyl crisis. NAPO applauds the recommendation by the U.S.-China Commission to close this deadly loophole to all e-commerce shipments.

NAPO Continues to Oppose 3rd Circuit Court Judge Nominee

In the beginning of the year, NAPO opposed the nomination of Adeel Mangi to be a judge on the U.S. Court of Appeals for the Third Circuit and successfully worked to ensure he would not be confirmed by the Senate. As the Senate is currently focused on confirming as many of President Biden’s judicial nominees before the end of his term and the end of Congress, Mr. Mangi’s nomination momentarily appeared to be back on the table for consideration. 

NAPO reached out to Senators reiterating our opposition to Mr. Mangi’s nomination to the 3rd Circuit Court of Appeals, which is one step removed from the Supreme Court.  Our opposition is largely due to Mr. Mangi’s role as an Advisory Board Member of the Alliance of Families for Justice, which was founded by Kathy Boudin, who was convicted for her role in the 1981 Brink’s robbery by the Weather Underground that left two police officers executed in cold blood.

The Alliance of Families for Justice has advocated for the release of at least six other cop-killers – Sundiata Acoli, Mumia Abu Jamal, Mutulu Shakur, Russell Maroon Shoatz, Jamil Al Amin, Kamau Sadiki – referring to them all as “elder freedom fighters.” The fact that the Alliance raises these cop-killers as leaders to follow and is calling for their release is an affront to the men and women who have dedicated their lives to protecting our communities as law enforcement officers. NAPO has worked to ensure these murders are denied parole and remain in prison for their heinous acts. 

NAPO continues to believe that Mr. Mangi’s work as a Board Member of the Alliance of Families for Justice should be disqualifying. It is one thing to stand up for the rights of those shunned or mistreated by society. It is a far different thing to exalt unrepentant killers who were convicted following legal trials in courts of law. Mr. Mangi has consistently and even proudly advocated against those who serve and sacrifice to protect us all.  His conscious work with the Alliance shows an anti-victim and anti-police bias that would certainly cloud his decision making as a judge.

Mr. Mangi’s nomination has been taken off the table for now as part of a deal between Democrat and Republican leadership that will allow for timely votes on four of President Biden’s district court nominees in exchange for Democrats pulling four appellate court judges.  This only means Mr. Mangi’s nomination is not currently being considered. There is still a chance it could come up again in the three weeks Congress has left this year. NAPO will continue to work with our partners in the Senate to ensure his nomination is not considered.

     Submit Your TOP COP
Nominations Today!

Please take the time to nominate examples of outstanding police work for this prestigious award.  We count on you, our members, to help us get the word about TOP COPS out and obtain nominations for officers nationwide.  Join us in honoring America’s Finest by nominating a case today.  The nomination form is attached and can be found on our website, and it must be postmarked or faxed to (703) 684-0515 by January 10, 2025.  If you have any questions, please do not hesitate to contact NAPO’s Director of Events, Elizabeth Loranger, at eloranger@napo.org or (703) 549–0775.

2025 will mark the 32nd year that NAPO has hosted the TOP COPS Awards®.  The TOP COP Awards® Dinner will take place May 12, 2025, at the Omni Shoreham Hotel, again coinciding with National Police Week. With your help and partnership, the TOP COPS Awards® will continue to be a tremendous success!

Join NAPO at Our 36th Annual Pension & Benefits Seminar
February 2 – 4, 2025
Caesars Palace Hotel & Casino ~ Las Vegas, Nevada

Please join the National Association of Police Organizations at NAPO’s36th Annual Police, Fire, EMS, & Municipal Employee Pension & Benefits Seminar, February 2 – 4, 2025 at the Caesars Palace Hotel in Las Vegas, Nevada. 

Our seminar has been updated to focus on the results of the 2024 Presidential election and a new Congress in 2025. Greatly increased costs of living appear permanent, and the threat of stagflation remains a cause for concern.  The fact that 2024 election will be behind us may lead to stability and growth in equity markets, but the ever-mounting national debt and uncertainty over the new Administration’s economic policies still signal “caution” for many institutional investors and plans.  We will continue to address the growing use of AI as well as liability risks & practical advice for fiduciaries. Benefits themselves continue to be viewed as a key component of recruitment and retention. We will examine these areas and more as we evaluate the effect of these trends on public employment benefits and security, and the near- and mid-term future for U.S. and world economic conditions.

Take an active role in improving the future of your fund by registering today. You will find information regarding registration, hotel reservations and the full agenda on NAPO’s website: www.NAPO.org/PB25

If you have any questions or need additional information, please do not hesitate to contact NAPO’s Director of Events, Elizabeth Loranger, at eloranger@napo.org or (703) 549 -0775.