Requires a study by the Office of Personnel Management (OPM) regarding the need for, and potential benefits of, the establishment of a separate pay, evaluation, and promotion system for Federal law enforcement officers. Authorizes OPM to implement a demonstration project for such a system.
Directs OPM to report to Congress on the definition of a Federal law enforcement officer for pay and benefit purposes. Requires such report to include recommendations of applying pay and benefit provisions (including retirement and premium pay provisions) to Federal employees who are not defined as law enforcement officers under those provisions.
Directs the President to establish an employee exchange program between Federal agencies that perform law enforcement functions and State and local government agencies that perform such functions.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2765 Introduced in Senate (IS)]
107th CONGRESS
2d Session
S. 2765
To amend chapter 55 of title 5, United States Code, to exclude
availability pay for certain Federal law enforcement officers from the
limitation on premium pay, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 22, 2002
Mr. Voinovich introduced the following bill; which was read twice and
referred to the Committee on Governmental Affairs
_______________________________________________________________________
A BILL
To amend chapter 55 of title 5, United States Code, to exclude
availability pay for certain Federal law enforcement officers from the
limitation on premium pay, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Law Enforcement Officers Pay
Equity and Reform Act of 2002''.
SEC. 2. LIMITATION ON PREMIUM PAY.
(a) In General.--Section 5547 of title 5, United States Code, is
amended--
(1) in subsection (a), by striking ``5545a,'';
(2) in subsection (c), by striking ``or 5545a''; and
(3) in subsection (d), by striking the period and inserting
``or a criminal investigator who is paid availability pay under
section 5545a.''.
(b) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of section 1114 of the National
Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115
Stat. 1239).
SEC. 3. SEPARATE PAY, EVALUATION, AND PROMOTION SYSTEM FOR FEDERAL LAW
ENFORCEMENT OFFICERS.
(a) Study.--Not later than 6 months after the date of the enactment
of this Act, the Office of Personnel Management shall study and submit
to Congress a report which shall contain its findings and
recommendations regarding the need for, and the potential benefits to
be derived from, the establishment of a separate pay, evaluation, and
promotion system for Federal law enforcement officers. In carrying out
this subsection, the Office of Personnel Management shall take into
account the findings and recommendations contained in the September
1993 report of the Office entitled ``A Plan to Establish a New Pay and
Job Evaluation System for Federal Law Enforcement Officers''.
(b) Demonstration Project.--
(1) In general.--If, after completing its report under
subsection (a), the Office of Personnel Management considers it
to be appropriate, the Office shall implement, within 12 months
after the date of the enactment of this Act, a demonstration
project to determine whether a separate system for Federal law
enforcement officers (as described in subsection (a)) would
result in improved Federal personnel management.
(2) Applicable provisions.--Any demonstration project under
this subsection shall be conducted in accordance with the
provisions of chapter 47 of title 5, United States Code, except
that a project under this subsection shall not be taken into
account for purposes of the numerical limitation under section
4703(d)(2) of such title.
(3) Permanent changes.--Not later than 6 months before the
demonstration project's scheduled termination date, the Office
of Personnel Management shall submit to Congress--
(A) its evaluation of the system tested under the
demonstration project; and
(B) recommendations as to whether or not that
system (or any aspects of that system) should be
continued or extended to other Federal law enforcement
officers.
(c) Federal Law Enforcement Officer Defined.--For purposes of this
section, the term ``Federal law enforcement officer'' means a law
enforcement officer as defined by section 8331 or 8401 of title 5,
United States Code.
SEC. 4. REPORT ON FEDERAL LAW ENFORCEMENT OFFICERS.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Office of Personnel Management shall submit
a report to Congress on the definition of a Federal law enforcement
officer for purposes of pay and benefits under the provisions of title
5, United States Code.
(b) Recommendations.--The report under subsection (a) shall include
recommendations of applying pay and benefit provisions (including
retirement under chapters 83 and 84 of title 5, United States Code, and
premium pay under subchapter V of chapter 55 of that title) to Federal
employees who are not defined as law enforcement officers under those
provisions.
SEC. 5. EMPLOYEE EXCHANGE PROGRAM BETWEEN DEPARTMENT EMPLOYEES AND
EMPLOYEES OF STATE AND LOCAL GOVERNMENTS.
(a) Definitions.--In this section:
(1) Employing agency.--The term ``employing agency'' means
the Federal, State, or local government agency with which the
participating employee was employed before an assignment under
the Program.
(2) Participating employee.--The term ``participating
employee'' means an employee who is participating in the
Program.
(3) Program.--The term ``Program'' means the employee
exchange program established under subsection (b).
(b) Establishment.--The President shall establish an employee
exchange program between Federal agencies that perform law enforcement
functions and agencies of State and local governments that perform law
enforcement functions.
(c) Conduct of Program.--The Program shall be conducted in
accordance with subchapter VI of chapter 33 of title 5, United States
Code.
(d) Qualifications.--An employee of an employing agency who
performs law enforcement functions may be selected to participate in
the Program if the employee--
(1) has been employed by that employing agency for a period
of more than 3 years;
(2) has had appropriate training or experience to perform
the work required by the assignment;
(3) has had an overall rating of satisfactory or higher on
performance appraisals from the employing agency during the 3-
year period before being assigned to another agency under this
section; and
(4) agrees to return to the employing agency after
completing the assignment for a period not less than the length
of the assignment.
(d) Written Agreement.--An employee shall enter into a written
agreement regarding the terms and conditions of the assignment before
beginning the assignment with another agency.
<all>
Introduced in Senate
Read twice and referred to the Committee on Governmental Affairs. (text of measure as introduced: CR S7166)
Committee on Governmental Affairs referred to Subcommittee on International Security, Proliferation and Federal Services.
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