Pub.L. 108-197 To amend the Employee Retirement Income Security Act of 1974 and the Public Health Service Act to extend the mental health benefits parity provisions for an additional year. <> ...

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[[Page 117 STAT. 2896]]

Public Law 108-196
108th Congress

                                 An Act


 
To provide for a report on the parity of pay and benefits among Federal 
 law enforcement officers and to establish an exchange program between 
 Federal law enforcement employees and State and local law enforcement 
            employees. <<NOTE: Dec. 19, 2003 -  [S. 1683]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Federal Law Enforcement Pay 
and Benefits Parity Act of 2003. Inter-governmental 
relations.>> assembled,

SECTION 1. <<NOTE: 5 USC 101 note.>> SHORT TITLE.

    This Act may be cited as the ``Federal Law Enforcement Pay and 
Benefits Parity Act of 2003''.

SEC. 2. LAW ENFORCEMENT PAY AND BENEFITS PARITY REPORT.

    (a) Definition.--In this section, the term ``law enforcement 
officer'' means an individual--
            (1)(A) who is a law enforcement officer defined under 
        section 8331 or 8401 of title 5, United States Code; or
            (B) the duties of whose position include the investigation, 
        apprehension, or detention of individuals suspected or convicted 
        of offenses against the criminal laws of the United States; and
            (2) who is employed by the Federal Government.

    (b) Report.--Not <<NOTE: Deadline.>> later than April 30, 2004, the 
Office of Personnel Management shall submit a report to the President of 
the Senate and the Speaker of the House of Representatives and the 
appropriate committees and subcommittees of Congress that includes--
            (1) a comparison of classifications, pay, and benefits among 
        law enforcement officers across the Federal Government; and
            (2) recommendations for ensuring, to the maximum extent 
        practicable, the elimination of disparities in classifications, 
        pay and benefits for law enforcement officers throughout the 
        Federal Government.
SEC. 3. <<NOTE: 5 USC 3371 note.>> EMPLOYEE EXCHANGE PROGRAM 
                    BETWEEN FEDERAL EMPLOYEES AND EMPLOYEES OF 
                    STATE AND LOCAL GOVERNMENTS.

    (a) Definitions.--In this section--
            (1) 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) the term ``participating employee'' means an employee 
        who is participating in the Program; and
            (3) the term ``Program'' means the employee exchange program 
        established under subsection (b).

[[Page 117 STAT. 2897]]

    (b) Establishment.--The <<NOTE: President.>> 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.

    (e) 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.

    Approved December 19, 2003.

LEGISLATIVE HISTORY--S. 1683:
---------------------------------------------------------------------------

SENATE REPORTS: No. 108-207 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 149 (2003):
            Nov. 25, considered and passed Senate.
            Dec. 8, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
            Dec. 19, Presidential statement.

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