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Labor unions, the Office of Personnel Management and other stakeholders are anxiously awaiting a proposal to revamp classification and compensation for federal law enforcement officers, scheduled to be released in coming days.

The proposal, to be offered by Senate Homeland Security and Governmental Affairs Government Management Subcommittee Chairman George Voinovich, R-Ohio, House Government Reform Chairman Davis and Federal Workforce Subcommittee Chairman Jon Porter, R-Nev., could determine whether inspectors at the Customs and Border Protection bureau will receive the same benefits as federal law enforcement officers.

Lawmakers began working on the proposal more than a year ago, after OPM released a report, requested by Congress, highlighting disparities in benefits among law enforcement officers.


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"Something needs to be done to correct the inconsistencies and inadequacies that currently exist for the men and women risking their lives to ensure our safety in today's post-9/11 environment," Porter said in a statement. "We simply cannot afford to lose talented, highly motivated employees because the current system governing pay and retirement benefits for federal law enforcement officers is built on an inflexible patchwork of outdated concepts."

Still, the proposal, or "concepts paper," will be a jumping-off point to generate discussion, Porter said. Lawmakers will ask for reaction from agencies, unions and others before introducing a bill, possibly early next year. A subcommittee aide declined to discuss details in the proposal until it is introduced, likely later this week or next.

But the National Treasury Employees Union hopes the draft will incorporate language in a measure introduced by Reps. John McHugh, R-N.Y. and Bob Filner, D-Calif., granting Customs and Border Protection officers status similar to other federal law enforcement officers, said NTEU President Colleen Kelley.

"Surely, there is no lingering shred of doubt that the people protecting our ports and borders from terrorists and drug runners should be granted law enforcement officer status," she said.

A spokesman for OPM said the agency was sticking by a request, included in last year's report to Congress, for broad authority to determine law enforcement employees' classification, pay and benefits on a case-by-case basis. In the report, OPM officials said that would "reduce the likelihood that particular groups would obtain higher pay and benefits through the legislative process in a piecemeal fashion."

But Kelley said pay and benefits for law enforcement officers, "shouldn't be left to the whim or discretion of any administration." She said under that system, OPM could "give it one year, then take it away the next year" making it difficult for employees to plan for retirement.

COMMENTS

  • Enacting this bill, and allowing OPM to decide law enforcement benefits on a case-by-case basis only prolongs the present unacceptable situation. OPM approved NRC Office of Investigations (OI) personnel as series 1811 even though OI lacks statutory authority for performing criminal investigations. They lack arrest responsibilities, authority to carry firearms or other weapons, do not perform undercover work, do not execute search or seizure warrants, do not give Miranda warnings, and are not exposed to hazardous conditions nor inclement weather. Most work takes place in an office setting, and is not “rigorous.”

CORRECTION: The original version of this article said that proposed legislation on federal law enforcement officer benefits would affect Border Patrol agents. Actually, the proposal is aimed at changing benefits for employees at the Customs and Border Protection bureau. The article has been updated to correct the error.