[Congressional Record Volume 148, Number 12 (Tuesday, February 12, 2002)]
[Senate]
[Pages S662-S664]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. MIKULSKI (for herself, Mr. Leahy, Mr. Bingaman, and Mrs. 
        Clinton):
  S. 1935. A bill to amend chapters 83 and 84 of title 5, United States 
Code, to include inspectors of the Immigration and Naturalization 
Service, inspectors and canine enforcement officers of the United 
States Customs Service, and revenue officers of the Internal Revenue 
Service as law enforcement officers; to the Committee on Governmental 
Affairs.
  Ms. MIKULSKI. Mr. President, I rise today to introduce the Law 
Enforcement Officers Retirement Equity Act of 2002. I am proud to be 
joined on this bill by my colleagues, Senators Leahy, Clinton, and 
Bingaman. This legislation will ensure that revenue officers of

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the Internal Revenue Service, customs inspectors of the U.S. Customs 
Service, and immigration inspectors of the Immigration and 
Naturalization Service have the same retirement options as most Federal 
law enforcement officers and conforms with the Federal law enforcement 
retirement system.
  Under current law, most Federal law enforcement officers and 
firefighters are eligible to retire at age 50 with 20 years of Federal 
service. Most people would be surprised to learn that current law does 
not treat revenue officers, customs inspectors and immigrations 
inspectors as Federal law enforcement personnel. I feel very strongly 
that in the light of the increased duties that these men and women are 
doing to help combat terrorism, keep our homeland secure, and help with 
the war on drugs we need to do what we can to give them the benefits 
that they deserve.
  This legislation will amend the current law and finally grant the 
same 20-year retirement to these members of the Internal Revenue 
Service, Customs Service, and Immigration and Naturalization Service. 
The employees under this bill have very hazardous, physically 
challenging occupations, and it is in the public's interest to make 
sure that these homeland security officials receive the benefits they 
earn on our frontlines everyday.
  The need for a 20-year retirement benefit for inspectors of the 
Customs Service is very clear. These employees are the country's first 
line of defense against terrorism and the smuggling of illegal drugs at 
our borders. They are required to have the same law enforcement 
training as all other law enforcement personnel. These employees face 
so many challenges. They may potentially confront criminals in the drug 
war, organized crime figures, and increasingly sophisticated white-
collar criminals.
  U.S. Customs inspectors have the authority to arrest those engaged in 
these crimes if the crimes are committed in their presence. These 
officers carry a firearm on the job. They are responsible for the most 
arrests performed by Customs Service employees. Along with U.S. Customs 
agents, uniformed U.S. Customs inspectors are helping provide 
additional security at the Nation's airports and could assist U.S. 
Customs agents with the arrest of anyone violating U.S. Customs laws. 
They were among the first to respond to the tragedy at the World Trade 
Center.
  The Customs Service interdicts more narcotics than all other law 
enforcement agencies combined, over a million pounds a year. In 1996, 
they seized nearly 400 tons of marijuana, over 90 pounds of cocaine, 
and nearly 1.45 tons of heroin.
  Like U.S. Customs Service Inspectors, INS inspectors are part of the 
first line of defense for homeland security. INS inspectors enforce the 
nation's immigration laws at more than 300 ports of entry. In the 
normal course of their duties, they enforce criminal law, make arrests, 
carry firearms, interrogate applicants for entry, search persons and 
effects, and seize evidence. Inspector's responsibilities have become 
increasing complex as political, economic and social unrest has 
increased globally. The threat of terrorism only increases these 
responsibilities.
  INS Inspectors help secure our borders. In FY 2001, over 510 million 
inspections were performed by these inspectors with 700,000 individuals 
were denied entry, and approximately 15,000 criminal aliens being 
intercepted.
  Revenue officers struggle with heavy workloads and a high rate of job 
stress. Some IRS employees must even employ pseudonyms to hide their 
identity because of the great threat to their personal safety. The 
Internal Revenue Service currently provides it's employees with a 
manual entitled: Assaults and Threats: A Guide to Your Personal Safety 
to help employees respond to hostile situations. The document advises 
IRS employees how to handle on-the-job assaults, abuse, threatening 
telephone calls, and other menacing situations.
  This legislation is cost effective. Any cost that is created by this 
act is more than offset by savings in training costs and increased 
revenue collection. A 20-year retirement bill for these critical 
employees will reduce turnover, increase productivity, decrease 
employee recruitment and development costs, and enhance the retention 
of a well-trained and experienced work force. These vital Federal 
employees bear the same risks and work under similar conditions to 
other law enforcement officials and deserve to receive the same level 
of benefits.
  I urge my colleagues to join me again in this Congress in expressing 
support for this bill and finally getting it enacted. This bill will 
improve the effectiveness of our inspector and revenue officer work 
force to ensure the integrity of our borders and proper collection of 
the taxes and duties owed to the Federal Government.
  Mr. LEAHY. Mr. President, I rise to join my good friend Senator 
Mikulski in introducing the Law Enforcement Officers Retirement Equity 
Act of 2002. This bill would correct an inequity that exists under 
current law, whereby U.S. Customs Service and INS Inspectors as well as 
revenue agents from the IRS are denied the same retirement benefits 
provided to other law enforcement officers. I have introduced a similar 
bill, S. 1828, with the support of Senator Hatch and Senator Mikulski, 
which would provide similar benefits to the Nation's Federal 
prosecutors, who are now more than ever facing the immense dangers and 
challenges of the war on terrorism. Both measures are long overdue and 
important corrections in the Federal law.
  This bill would increase the retirement benefits given to federal INS 
and Customs inspectors and IRS Revenue agents by including them as 
``law enforcement officers,'' LEOs, under the Federal Employees' 
Retirement System and the Civil Service Retirement System. The relevant 
provisions of the United States Code dealing with retirement benefits 
define an LEO as an employee whose duties are ``primarily the 
investigation, apprehension, or detention'' of individuals suspected or 
convicted of violating Federal law. See 5 U.S.C. Sec. Sec. 8331(20) & 
8401(17). Under that definition, it is inconceivable that Customs and 
INS Inspectors and IRS Revenue Agents would not be included, yet they 
are not. Customs and INS Inspectors spend their entire days searching, 
questioning, and investigating potential violations of Federal law by 
those who either cross our borders or those who send goods and freight 
into and out of the United States. In many cases, they are our first 
and last defense against smugglers and those who seek to enter the 
United States unlawfully. IRS Revenue Agents have a long history of tax 
enforcement, sometime in dangerous circumstances involving contraband 
materials.
  This bill would make these agents and inspectors eligible for 
immediate, unreduced retirement benefits at age 50 with 20 years of 
service. For example, those who are covered by the Civil Service 
Retirement System would receive 50 percent of the average of their 
three highest years' salary. That is the retirement package that is 
currently afforded to nearly every other Federal law enforcement 
employee. Just like the Federal prosecutors covered by S. 1828, there 
is no good justification for not including these Customs, INS and IRS 
law enforcement employees with their peers in terms of their retirement 
benefits, and plenty of good reasons supporting their inclusion.
  First and foremost, the danger faced by these men and women supports 
their inclusion as LEOs. The primary reason for granting enhanced 
retirement benefits to LEOs is the often dangerous work of law 
enforcement, and at no time in our Nation's history has both the danger 
and importance of protecting our Nation's borders been more clear. As 
the September 11 attacks on our nation amply demonstrated, the tools of 
terrorism and the terrorists themselves are often imported to the 
United States from abroad--and often times illegally. The people who 
are included in this bill are the men and women who literally stand 
their posts to make sure that, among other things, illegal weapons and 
terrorists are not allowed into the United States. What could possibly 
be more dangerous?
  I know first hand, from my experience as a former prosecutor in 
Vermont that the men and women who stand watch at our Northern border 
put themselves in harm's way each and every day that they put on their 
uniforms and go to work. In Vermont, I know that these men and women 
have a proud history of confronting and apprehending those who seek to 
enter the

[[Page S664]]

county illegally and smuggle contraband into the United States. 
Already, as part of the USA PATRIOT Act, I was able to work to include 
important provisions which enhanced the protection of our Northern 
border. This bill is yet another overdue measure which recognizes the 
importance of such border protection.
  Another reason for correcting this inconsistency in the law is the 
retention of good officers at the agencies which guard the border. 
Faced with new security challenges, it is crucial that the Customs 
Service and the INS possess the tools to maintain an experienced and 
professional cadre of agents at our Nation's land borders, airports, 
and seaports. When one type of Federal law enforcement officer is 
provided worse benefits than all others for no good reason, there is a 
risk that the most qualified and successful agents will move to other 
comparable jobs with better benefits. Since LEO retirement benefits are 
currently afforded to nearly every other group of people that enforce 
our laws, there is currently a risk that the best and most dedicated 
Customs and INS Inspectors will be lured away from their jobs 
protecting the border for ``greener'' pastures. This bill would 
eliminate this risk by providing proper incentives for the best people 
to stay right where we want them, protecting our borders.
  To conclude, I commend Senator Mikulsi's leadership in this area, and 
I join her in introducing the Law Enforcement Officers Retirement 
Equity Act of 2002. For all of these reasons, I urge its swift 
enactment into law.
                                 ______