House Appropriators Zero Out Funding For DHS Rules, Approve LEO Status

Press Release June 6, 2007

A key House committee has signaled its strong disapproval of efforts by the Department of Homeland Security (DHS) to impose regressive personnel rules on its employees by providing zero funds in fiscal 2008 for implementation of the regulations.

The leader of the National Treasury Employees Union (NTEU), which represents tens of thousands of front-line homeland security employees, welcomed action by the House Appropriations Committee in its markup of the fiscal 2008 DHS appropriations bill. NTEU has successfully fought over the past two years for substantial reductions in funding for implementation of the regulations.

“This decision to provide no funds to implement a human resources program is the latest in a series of steps I hope will lead to an end by DHS to impose personnel rules that would further devastate already slumping morale within DHS and impede the ability of this agency to meet its important mission,” said NTEU President Colleen M. Kelley.

The Appropriations Committee also approved language in its markup that directs the head of the DHS Bureau of Customs and Border Protection (CBP) to grant law enforcement officer (LEO) status, with its early retirement option, to CBP Officers. NTEU has worked diligently over an extended period of time to generate congressional support on this important issue.

Kelley said NTEU welcomes this provision, but will seek to improve it as the bill moves forward. She noted her agreement with the committee’s assertion that LEO status would improve DHS’s ability to recruit and retain officers.

The bill also provides $27 million for an additional 250 CBP Officers for port security operations and related matters mandated in the SAFE Port Act.

With regard to the DHS regulations—significant portions of which were declared illegal as a result of an NTEU federal court suit—the full committee votes comes in the wake of action last month by the entire House in approving by a vote of 292 to 126 language in the fiscal 2008 DHS authorization bill that would repeal the DHS rules. That overwhelming vote came despite a presidential veto threat.

The NTEU suit led to victories in federal district and appeals courts to prevent implementation of the DHS personnel regulations. The courts ruled that the new system would have severely restricted employees’ collective bargaining, due process and appeal rights.

Nonetheless, DHS has declared its intention to put in place segments of the rules that were not enjoined—a course President Kelley has called on DHS not to pursue.

As the largest independent federal union, NTEU represents more than 150,000 employees in 31 agencies and departments, including more than 14,000 in CBP.

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