Mikulski introduces LEO bill in Senate

Senator Barbara A. Mikulski (D-MD) has introduced legislation that would extend to Customs and Border Protection Officers (CBPOs) the designation of federal law enforcement officer. S. 1354, the Law Enforcement Officers Retirement Equity Act is a companion measure to a bipartisan proposal in the House—H.R. 1073—introduced by Reps. Bob Filner (D-CA) and John McHugh (R-NY).

Senators Hillary Rodham Clinton (D-NY), Patrick J. Leahy (D-VT), Charles E. Schumer (D-NY) have joined Senator Mikulski as cosponsors on S. 1354.

Every day CBP Officers stand on the front lines in the war to stop the flow of drugs, pornography and illegal contraband into the United States. Concurrently Revenue Officers of the IRS face dangerous situations as they enforce the United States Tax Code and collect delinquent taxes. Given the significance of these jobs, it is vitally important that CBP Officers and IRS Revenue Officers remain competitive with other state and local law enforcement agencies.

Please email your Senators asking them to cosponsor S. 1354 that would provide law enforcement officer status to CBP Officers in DHS and Revenue Officers of the IRS.

3.5% Pay Raise Closer, but still a Long Way Away

On Thursday, with a vote of 397-27, the House of Representatives passed H.R. 1585, the Department of Defense’s Authorization Act for fiscal year 2008 which includes the 3.5 percent military pay raise. This is ½ percent above the President’s proposed increase of 3 percent. It is a significant for federal employees who have received pay parity with the military in recent years. The Senate Armed Services subcommittees will begin marking up their version of the authorization bill next week.

While the military pay raise still needs to be considered by the House and Senate appropriations committees where it is conceivable that a lower level could be appropriated, this development is important. It sets a significant precedent for the 3.5 percent pay raise when appropriators consider legislation funding federal employees’ FY 2008 pay raise. That bill, called the Financial Services and General Government Appropriations Act, is expected to be marked up in the House prior to the DOD’s appropriations bill.

There is still a long way to go, however, and ongoing efforts calling for a 3.5 percent pay raise for both groups is making an impact. We need to continue to fight for an identical 3.5 percent pay raise for federal employees.

You can join the fight by sending a letter to your member of Congress.

Law Enforcement or Not?...... (updated)

Every day Customs and Border Protection Officers (CBPO) are the nation’s first line of defense against terrorism and the smuggling of illegal drugs and contraband at our borders and in our ports. CBP Officers at any moment may be called upon to either take a life or give their own, yet under existing law they do not enjoy Law Enforcement Officer (LEO) status.

In addition, Revenue Officers of the IRS face dangerous situations as they enforce the United States Tax Code and collect delinquent taxes. Most people see these individuals as law enforcement officers, and many have reacted to their inquiries with threats, assaults, and in some cases gunfire. Yet, these men and women too are being denied the rights and benefits of their colleagues who are considered to be law enforcement officers.

The question is, “Are these men and women Law Enforcement Officers or not?”

I would bet most of you reading this think the men and women working in these vital federal employee jobs are law enforcement officers and answered the above question with, “Of course they are!”

The fact is, when it comes to retirement eligibility and pensions, they are not considered Law Enforcement Officers!

H. R. 1073 would correct this inequity and grant CPBO's and IRS Revenue Officers, law enforcement officer (LEO) status under Sections 8331 and 8401 of Title 5 of the United States Code. Given the recent focus in Congress on immigration and border security, now is the time to ask your Representatives to cosponsor H. R. 1073 - The Law Enforcement Officers Equity Act. (Click here to send a letter to Congress.)

CBP Officers are the nation’s first line of defense against terrorism and the smuggling of illegal drugs and contraband at our borders and in our ports. Providing enhanced retirement benefits to law enforcement personnel in DHS is critical to both the functioning of the new department and to the security of the American public. Currently, newer hires to the CBP are highly susceptible to the pull of enhanced retirement benefits and higher salaries offered by state and local law enforcement agencies. They have received costly training and on-the-job experience within DHS, but they know they deserve to be rewarded for the dangers and risks they are exposed to every day. Very often, talented young officers treat CBP as a stepping-stone to other law enforcement agencies with more generous retirement benefits either at the federal, state, or local level.

Concurrently, while Revenue Officers of the IRS face dangerous situations as they enforce the United States Tax Code and collect delinquent taxes, these men and women are being denied the rights and benefits of their colleagues who are considered to be law enforcement officers.

Given the significance of these jobs, it is vitally important that the CBP Officers and IRS Revenue Officers remain competitive with other state and local law enforcement agencies in the recruitment and retention of first-rate personnel.

Please email your member of Congress asking them to cosponsor H. R. 1073 which will provide law enforcement officer status for CBP Officers in DHS and Revenue Officers of the IRS.

Update - White House says "Not!".....

Yesterday, (May 9th) the House approved H.R. 1684, the DHS fiscal 2008 authorization bill by a vote of 296-126.

The White House issued a veto threat, because, among other reasons, the bill contains a provision that would repeal personnel flexibilities given to DHS in the Homeland Security Act (HSA) of 2002. The threat was contained in a White House Statement of Administration Policy. (SAP)

The SAP also took aim at language in H.R. 1684 that would grant law enforcement officer (LEO) status to CBP Officers, extending to them an option for early retirement. (This would only apply to those positions created on/after DHS was established, and would not cover legacy Customs employees or IRS Revenue Officers.)

The administration claimed that CBPO’s do not meet the definition of law enforcement officer.

“That is a mistaken assertion,” said President Colleen M. Kelley of the National Treasury Employees Union (NTEU), which represents more than 14,000 employees in the Department of Homeland Security’s (DHS) Bureau of Customs and Border Protection (CBP).

An angry President Kelley brushed aside the White House arguments. “In their daily work, CBP Officers risk their lives protecting our country,” she said. “They are armed and trained in the use of firearms; they perform critically-important security duties at the nation’s air, land and sea ports; they have arrest authority; and they are all too often called upon to defend themselves against terrorists, drug smugglers and other criminals.”

Kelley added that “this veto threat shows that this administration is willing to put its animosity toward fair treatment for (federal) workers over the interest of national security.”

“The continued denial of LEO status for these deserving officers is nothing less than an outrage,” President Kelley said. “I can assure this White House that NTEU will not give up our battle to right this wrong.”

Join Ms. Kelley in this ongoing battle. Please email your member of Congress asking them to cosponsor H. R. 1073 which will provide law enforcement officer status for CBP Officers in DHS and Revenue Officers of the IRS.

Dueling “Dears” ….

April 23, Senator Grassley (R-IA) sent a “Dear Colleague” letter to his fellow senators in support of the IRS’s private tax collection program and speaking against legislation which would end the misguided program. (S. 335) A copy of Senator Grassley’s letter can be found here.

April 27, Senators Byron Dorgan (D-ND) and Patty Murray (D-WA) circulated a “Dear Colleague” letter to Senators in an effort to generate support for their legislation, (S. 335) that would prevent the IRS from using private collection agencies to collect federal taxes. (A copy of their letter can be found here.).The IRS has stated their intention to expand the private tax collection program to include an additional three to five contractors by the end of the year. Therefore it is critical that additional cosponsors are added to the Dorgan-Murray legislation now to prevent the IRS from going forward with its plan to expand this misguided program. To find out how you can help, please go to: http://www.capwiz.com/nteu, or click here.NTEU is working with some of our supporters in the Senate to refute claims put forth in by Grassley in his Dear Colleague letter and to end the private tax collection program once and for all.