[Congressional Record Volume 145, Number 94 (Tuesday, June 29, 1999)]
[Senate]
[Pages S7819-S7820]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WARNER:
  S. 1298. A bill to provide for professional liability insurance 
coverage for Federal employees, and for other purposes; to the 
Committee on Governmental Affairs.


                the federal employees equity act of 1999

  Mr. WARNER. Mr. President, I rise today to introduce the Federal 
Employees Equity Act of 1999.
  My legislation expands a provision included in the omnibus 
appropriations bill for fiscal year 1997 (P.L. 104-208) to allow 
federal agencies to contribute to the costs of professional liability 
insurance for their senior executives, managers and law enforcement 
officials. While this important benefit contained in the Omnibus 
Appropriation bill was indeed enacted, it has not been made available 
on as wide a basis to federal employees as we had hoped.
  The Federal Employees Equity Act would ensure that federal agencies 
reimburse one-half the premiums for Professional Liability Insurance 
for employees covered by this bill. Federal managers, supervisors, and 
law enforcement officials should not have to fear the excessive costs 
of legal representation when unwarranted allegations are made against 
them for investigations of these allegations are conducted.
  I was a strong supporter of the provision in 1996 because federal 
officials often found themselves to be the target of unfounded 
allegations of wrongdoing. Sometimes allegations were

[[Page S7820]]

made by citizens, against whom federal officials were enforcing the law 
and by employees who had performance or conduct problems. Although many 
allegations have proven to be specious, these federal officials were 
often subject to lengthy investigations and had to pay for their own 
legal representation when their agencies could not provide it.
  The affected federal managers, supervisors, and law enforcement 
officials are generally prohibited from being represented by unions. 
For employees who are in bargaining units represented by unions, 
Congress allows federal agencies to subsidize the time and expenses of 
union representatives when they are needed by such employees, whether 
or not they are dues paying members of the union.
  Because these federal officials are denied union representation, they 
have found it necessary to purchase professional liability insurance in 
order to protect themselves when allegations are made against them to 
the inspector general of their agency, to the Office of Special 
Counsel, or to the EEO office. The insurance provides coverage for 
legal representation for the employees when they are accused, and will 
pay judgements against the employee up to a maximum dollar amount if 
the employee is found to have made a mistake while carrying out his 
official duties. Currently, these managers must hire their own lawyers 
in order to defend their reputation and careers when they are the 
subject of a grievance, regardless of whether the complaint has merit.

  The current law has had some success and has been implemented by 
several federal departments including: Departments of Agriculture, 
Education, Interior, Labor, and such agencies as the Social Security 
Administration, Small Business Administration, General Services 
Administration, Securities and Exchange Commission, National 
Aeronautics and Space Administration, the Office of the Inspector 
General at the Department of Housing and Urban Development, the 
National Science Foundation, the Merit Systems Protections Board, the 
Office of the Inspector General at the Office of Public Health and 
Science, and the Substance Abuse and Mental Health Services 
Administration at Department of Health and Human Services.
  Regrettably, other departments such as Treasury, Justice, Defense, 
Commerce, Transportation, Veterans Affairs, and agencies such as the 
Equal Employment Opportunity Commission, and the Office of Personnel 
Management have not seen fit to do so.
  The professional associations of these officials (the Senior 
Executives Association, the Professional Managers Association, the FBI 
Agents Association, the Federal Criminal Investigators Association, the 
Federal Law Enforcement Officers Association, the National Association 
of Assistance U.S. Attorneys, and the National Treasury Employees 
Union) have endorsed the concept for legislation to require federal 
agencies to reimburse half the cost of premiums for professional 
liability insurance.
  The intent of this measure is simply to ``level the playing field'' 
so that supervisors and managers are treated equally by various federal 
agencies and have access to protections similar to those which are 
already provided for rank and file federal employees.
  I request your support for these federal officials and for this 
legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1298

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. PROFESSIONAL LIABILITY INSURANCE.

       (a) Short Title.--This Act may be cited as the ``Federal 
     Employees Equity Act of 1999''.
       (b) In General.--Section 636(a) of the Treasury, Postal 
     Service, and General Government Appropriations Act, 1997 
     (Public Law 104-208; 110 Stat. 3009-363; 5 U.S.C. prec. 5941 
     note) is amended in the first sentence by striking ``may'' 
     and inserting ``shall''.
       (c) Law Enforcement Officers.--Section 636(c)(2) of the 
     Treasury, Postal Service, and General Government 
     Appropriations Act, 1997 (Public Law 104-208; 110 Stat. 3009-
     364; 5 U.S.C. prec. 5941 note) is amended to read as follows:
       ``(2) the term `law enforcement officer' means an employee, 
     the duties of whose position are primarily the investigation, 
     apprehension, prosecution, or detention of individuals 
     suspected or convicted of offenses against the criminal laws 
     of the United States, including--
       ``(A) any law enforcement officer under section 8331(20) or 
     8401(17) of title 5, United States Code;
       ``(B) any special agent under section 206 of the Omnibus 
     Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 
     4823);
       ``(C) any customs officer as defined under section 5(e)(1) 
     of the Act of February 13, 1911 (19 U.S.C. 267);
       ``(D) any revenue officer or revenue agent of the Internal 
     Revenue Service; or
       ``(E) any Assistant United States Attorney appointed under 
     section 542 of title 28, United States Code.''.
       (d) Effective Date.--The amendments made by this Act shall 
     take effect on the later of--
       (1) October 1, 1999; or
       (2) the date of enactment of this Act.
                                 ______