Statutory and United States Code Provisions





Sec. 636 of the Treasury, Postal Service, and General Appropriations Act for Fiscal Year 1997. REIMBURSEMENTS RELATING TO PROFESSIONAL LIABILITY INSURANCE - (a) AUTHORITY - Notwithstanding any other provision of law, amounts appropriated by this Act (or any other Act for fiscal year 1997 or any fiscal year thereafter) for salaries and expenses shall be used to reimburse any qualified employee for not to exceed one-half the costs incurred by such employee for professional liability insurance. A payment under this section shall be contingent upon the submission of such information or documentation as the employing agency may require.

Sec. 636(b) of the 1997 Act defines "qualified employee" as an agency employee whose position is that of law enforcement officer or a supervisor or management official.

Sec. 636(c) of the 1997 Act defines a "law enforcement officer as "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 any law enforcement officer under section 8331(20) or 8401(17) of ... title 5, United States Code, or under section 4823 of title 22, United States Code.")

5 USC 8331(20): "law enforcement officer" means an "employee, the duties of whose position are primarily the investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the United States, including an employee engaged in this activity who is transferred to a supervisory or administrative position. For the purpose of this paragraph, "detention" includes the duties of -

  1. employees of the Bureau of Prisons and Federal Prison Industries, Incorporated;

  2. employees of the Public Health Service assigned to the field service of the Bureau of Prisons or of the Federal Prison Industries, Incorporated;

  3. employees in the field service at Army or Navy disciplinary barracks or at confinement and rehabilitation facilities operated by any of the armed forces; and

  4. employees of the Department of Corrections of the District of Columbia, its industries and utilities;
whose duties in connection with individuals in detention suspected or convicted of offenses against the criminal laws of the United States or of the District of Columbia or offenses against the punitive articles of the Uniformed Code of Military Justice (chapter 47 of title 10) require frequent (as determined by the appropriate administrative authority with the concurrence of the Office) direct contact with these individuals in their detention, direction, supervision, inspection, training, employment, care, transportation, or rehabilitation."

5 USC Sec. 8401(17): the term "law enforcement officer" means -

  1. "an employee, the duties of whose position -
     (i) are primarily -
     (I) the investigation, apprehension, or detention of individuals
     suspected or convicted of offenses against the criminal laws of the United States, or
     (II) the protection of officials of the United States against threats to personal safety; and
     (ii) are sufficiently rigorous that employment opportunities should be limited
     to young and physically vigorous individuals, as determined by the Director
     considering the recommendations of the employing agency;

  2. an employee of the Department of the Interior or the Department of the Treasury (excluding any employee under subparagraph (A)) who occupies a position that, but for the enactment of the Federal Employees' Retirement System Act of 1986, would be subject to the District of Columbia Police and Firefighters' Retirement System, as determined by the Secretary of the Interior or the Secretary of the Treasury, as appropriate;

  3. an employee who is transferred directly to a supervisory or administrative position after performing duties described in subparagraph (A) and (B) for at least 3 years; and

  4. an employee -
     (i) of the Bureau of Prisons or Federal Prison Industries, Incorporated;
     (ii) of the Public Health Service assigned to the field service of the Bureau
     of Prisons or of the Federal Prison Industries, Incorporated; or
     (iii) in the field service at Army or Navy disciplinary barracks or at any
     other confinement and rehabilitation facility operated by any of the armed forces;
     whose duties in connection with individuals in detention suspected or convicted
     of offenses against the criminal laws of the United States or of the District of
     Columbia or offenses against the punitive articles of the Uniform Code of Military
     Justice (chapter 47 of title 10) require frequent direct contact with these individuals
     in their detention and are sufficiently rigorous that employment opportunities should be
     limited to young and physically vigorous individuals, as determined by the head of the employing agency."


Section 636(c) of the 1997 Act defines a "supervisor" or "management official" using the same meanings given them by section 7103(a) of title 5, United States Code:

Sec. 7103(a) (10): "supervisor" means "an individual employed by an agency having authority in the interest of the agency to hire, direct, assign, promote, reward, transfer, furlough, layoff, recall, suspend, discipline, or remove employees, to adjust their grievances, or to effectively recommend such action, if the exercise of the authority is not merely routine or clerical in nature but requires the consistent exercise of independent judgment, except that, with respect to any unit which includes firefighters or nurses, the term ''supervisor'' includes only those individuals who devote a preponderance of their employment time to exercising such authority."

Sec. 7103 (a)(11): "management official" means an "individual employed by an agency in a position the duties and responsibilities of which require or authorize the individual to formulate, determine, or influence the policies of the agency."