Page:United States Statutes at Large Volume 108 Part 3.djvu/675

 PUBLIC LAW 103-329—SEPT. 30, 1994 108 STAT. 2427 "(e)(1) Each criminal investigator receiving availability pay under this section and the appropriate supervisory officer, to be designated by the head of the agency, shall make an annual certification to the head of the agency that the investigator has met, and is expected to meet, the requirements of subsection (d). The head of a law enforcement agency may prescribe regulations necessary to administer this subsection. "(2) Involuntary reduction in pay resulting from a denial of certification under paragraph (1) shall be a reduction in pay for purposes of section 7512(4) of this title. "(f)(1) A criminal investigator who is eligible for availability pay shall receive such pay during any period such investigator is— "(A) attending agency sanctioned training; "(B) on agency approved sick leave or annual leave; "(C) on agency ordered travel status; or "(D) on excused absence with pay for relocation purposes. "(2) Notwithstanding paragraph (1)(A), agencies or departments may provide availability pay to investigators during training which is considered initial, basic training usually provided in the first year of service. "(3) Agencies or departments may provide availability pay to investigators when on excused absence with pay, except as provided in paragraph (1)(D). "(g) Section 5545(c) shall not apply to any criminal investigator who is paid availability pay under tnis section. "(h) Availability pay under this section shall be— "(1) 25 percent of the rate of basic pay for the position; and "(2) treated as part of the basic pay for purposes of— " (A) sections 5595(c), 8114(e), 8331(3), 8431, and 8704(c); and "(B) such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe.". (2) LIMITATION ON PREMIUM PAY.—Section 5547(a) of title 5, United States Code, is amended in the first sentence by inserting "5545a," after "5545 (a), (b), and (c),". (3) TECHNICAL AND CONFORMING AMENDMENT.—The table of sections for chapter 55 of title 5, United States Code, is amended by inserting after the item relating to section 5545 the following new item: "5545a. Availability pay for criminal investigators.". (c) COMPUTATION OF OVERTIME RATES.—Section 5542 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: "(d) In applying subsection (a) of this section with respect to any criminal investigator who is paid availability pay under section 5545a— "(1) such investigator shall be compensated under such subsection (a), at the rates there provided, for overtime work which is scheduled in advance of the administrative workweek— "(A) in excess of 10 hours on a day during such investigator's basic 40 hour workweek; or "(B) on a day outside such investigator's basic 40 hour workweek; and

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