Page:United States Statutes at Large Volume 108 Part 3.djvu/673

 PUBLIC LAW 103-329—SEPT. 30, 1994 108 STAT. 2425 "(B) WAIVER AUTHORITY. — In the case of a particular position in an agency, subparagraph (A) may be waived upon a determination by the head of the agency that the performance of a critical agency mission requires the waiver. "(C) RELATION TO OTHER LAW. —No law may be construed as suspending or modifying this paragraph unless such law specifically amends this paragraph.". SEC. 632. (a) IN GENERAL. — Hereafter, the employment of any 3 USC note prec. individual within the Executive Office of the President shall be ^^^• placed on leave without pay status if the individual— (1) has not, within 30 days of commencing such employment or by October 31, 1994 (whichever occurs later), submitted a completed questionnaire for sensitive positions (SF-86) or equivalent form; or (2) has not, within 6 months of commencing such employ- ment or by October 31, 1994 (whichever occurs later), had his or her background investigation, if completed, forwarded by the counsel to the President to the United States Secret Service for issuance of the appropriate access pass. (b) EXEMPTION.— Subsection (a) shall not apply to any individual specifically exempted from such subsection by the President or his designee. SEC. 633. LAW ENFORCEMENT AVAILABILITY PAY. Law (a) SHORT TITLE. —This section may be cited as the "Law Availability Pay Enforcement Availability Pay Act of 1994". Act of 1994. (b) LAW ENFORCEMENT AVAILABILITY PAY. — 5 USC 5541 note. (1) IN GENERAL. —Chapter 55 of title 5, United States Code, is amended by inserting after section 5545 the following new section: "§ 5545a. Availability pay for criminal investigators "(a) For purposes of this section— "(1) the term 'available' refers to the availability of a criminal investigator and means that an investigator shall be considered generally and reasonably accessible by the agency employing such investigator to perform unscheduled duty based on the needs of an agency; "(2) the term 'criminal investigator' means a law enforcement officer as defined under section 5541(3) (other than an officer occupying a position under title II of Public Law 99- 399) is required to— "(A) possess a knowledge of investigative techniques, laws of evidence, rules of criminal procedure, and precedent court decisions concerning admissibility of evidence, constitutional rights, search and seizure, and related issues; "(B) recognize, develop, and present evidence that reconstructs events, sequences and time elements for presentation in various legal hearings and court proceedings; "(C) demonstrate skills in applying surveillance techniques, undercover work, and advising and assisting the United States Attorney in and out of court; "(D) demonstrate the ability to apply the full range of knowledge, skills, and abilities necessary for cases which are complex and unfold over a long period of time (as 79-194 0—95—22: QL3 Part 3

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