[Congressional Record Volume 148, Number 100 (Monday, July 22, 2002)]
[Senate]
[Page S7166]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. VOINOVICH:
  S. 2765. 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; to 
the Committee on Governmental Affairs.
  Mr. VOINOVICH. 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. 2765

       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.
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