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.