Stimulus Provides Law Enforcement Pay Cap Waivers, Additional Agency Funding
The Senate has passed H.R. 748, the Coronavirus Aid, Relief, and Economic Security (CARES) Act. This bill is the largest stimulus package in U.S. history and contains significant economic aid for agencies responding to the coronavirus pandemic.
The Federal Law Enforcement Officers Association (FLEOA) released a message to members this morning praising the legislation for including several key provisions relating to federal law enforcement officers. Among those are:
The DHS funding provision (Sec. 16003) would waive the cap for any pay related to preparation, prevention, or response to COVID-19 for any pay that is funded, either directly or through reimbursement, by FEMA.
The Labor-Health and Human Services-Education funding title provides that for services performed by an employee during FY 2020 related to preparation, prevention, or response to COVID-19 (as determined by the agency head), any premium pay for such services will not be included in calculating the aggregate of basic pay and premium pay for purposes of 5 USC 5547/pay cap. This would cover things like DOL, SSA, Education Department OIG, and any other agencies funded through the Labor-H bill.
The legislation provides $100 million to the Bureau of Prisons for Correctional Officer overtime; personal protective equipment and supplies related to coronavirus; clean work and living environments; and inmate medical care and supplies related to coronavirus.
The legislation gives the Department of Homeland Security $178,300,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally, which shall be for the purchase of personal protective equipment and sanitization materials.
It includes $100 million for the Transportation Security Administration for increased cleaning and sanitization at TSA operations at airports and other facilities, overtime and travel costs required to maintain operations while infected employees are quarantined, and additional explosive detection materials that must be disposed of after a single use to prevent the spread of coronavirus.
The Bureau of Indian Affairs receives $453 million for coronavirus containment in detention facilities; aid to tribal governments; tribal welfare assistance and social services programs; information technology including teleworking capabilities; and increased staffing and overtime costs.
The Federal Bureau of Investigation receives $20 million for the safe return of law enforcement stationed abroad due to coronavirus global impacts; personal protective equipment and necessary supplies; clean work environments; and enhanced telework capabilities.
The Drug Enforcement Administration receives $15 million for the safe return of law enforcement stationed abroad due to coronavirus global impacts; personal protective equipment and necessary supplies; clean work environments; and enhanced telework capabilities.
United States Marshals Service receives $15 million for the safe return of law enforcement stationed abroad due to coronavirus global impacts; personal protective equipment and necessary supplies; clean work environments; and enhanced telework capabilities.
Office of the Inspector General receives $2 million to audit funds appropriated for coronavirus, and for enhanced telework capabilities.
Department of the Interior, Office of the Secretary, receives $158.4 million for equipment and supplies for cleaning buildings and public areas; support for law enforcement and emergency personnel deployed to critical areas; increased telework capacity and capability; and other prevention, mitigation, or recovery activities associated with the coronavirus outbreak. Funds will be allocated by the Secretary, as needed, to all DOI bureaus with the exception of the Bureau of Indian Affairs and the Office of Insular Affairs.
U.S. Forest Service receives $34 million for daily cleaning and disinfecting of recreation facilities, increased supply of personal protective equipment, and baseline testing for first responders.
U.S. Capitol Police receives $12 million to maintain staffing levels to protect the Capitol complex. The legislation also provides funding to cover expenses related to increased teleworking and contract support for a reduced on-site workforce.
FLEOA President Larry Cosme noted in the letter that the legislation only provided a pay cap waiver to certain federal law enforcement officers.
“While we have garnered wide support for a national emergency pay cap waiver, in the latest bill only some agencies were provided the waiver. Due to the speed in which Congress is moving through legislation, this isn't surprising,” Cosme explained. “However, FLEOA remains committed to ensuring that a broader pay cap waiver is achieved for all federal law enforcement job series during this crisis. FLEOA will continue to advocate for this pay cap waiver, as the next major piece of legislation is prepared.”