Page:United States Statutes at Large Volume 108 Part 3.djvu/676

 108 STAT. 2428 PUBLIC LAW 103-329—SEPT. 30, 1994 "(2) such investigator shall be compensated for all other overtime work under section 5545a.". (d) EXEMPTIONS FROM CERTAIN FAIR LABOR STANDARDS. — Section 13 of the Fair Labor Standards Act of 1938 (29 U.S.C. 213) is amended— (1) in subsection (a)— (A) in paragraph (15) by striking out the period and inserting in lieu thereof a semicolon and "or"; and (B) by adding at the end thereof the following new paragraph: '(16) a criminal investigator who is paid availability pay under section 5545a of title 5, United States Code."; and (2) in subsection (b)— (A) in paragraph (28) by striking out "or" after the semicolon; (B) in paragraph (29) by striking out the period and inserting in lieu thereof a semicolon and "or"; and (C) by adding at the end thereof the following new paragraph: "(30) a criminal investigator who is paid availability pay under section 5545a of title 5, United States Code.". 5 USC 5545a (e) EFFECTIVE DATE.—The amendments made by this section "°^- shall take effect on the first day of the first applicable pay period which begins on or after the later of October 1, 1994, or the 30th day following the date of enactment of this Act, except that: (1) Criminal investigators, employed in Offices of Inspectors General, who are not receiving administratively uncontrollable overtime compensation or who are receiving such premium pay at a rate less than 25 percent prior to the date of enactment of this Act, may implement availability pay at any time prior to September 30, 1995, after which date availability pay as authorized under this section shall be provided to such criminal investigators. (2) Criminal investigators, employed by Offices of Inspectors General, who are receiving administratively uncontrollable overtime at a rate less than 25 percent, shall continue to receive this compensation at the same rate or higher until availability pay compensation is provided, which shall be no later than the last pay period ending on or before September 30, 1995. 5 USC 5345a (f) Not later than the effective date of this section, each criminal noteinvestigator under section 5545a of title 5, United States Code, as added by this section, and the appropriate supervisory officer, to be designated by the head of the agency, shall make an initial certification to the head of the agency that the criminal investigator is expected to meet the requirements of subsection (d) of such section 5545a. The head of a law enforcement agency may prescribe procedures necessary to administer this paragraph. SEC. 634. (a) Section 5704 of title 5, United States Code, is amended to read as follows: "(a)(1) Under regulations prescribed under section 5707 of this title, an employee who is engaged on official business for the Government is entitled to a rate per mile established by the Administrator of General Services, instead of the actual expenses of transportation, for the use of a privately owned automobile when that mode of transportation is authorized or approved as more advantageous to the Government. In any year in which the Internal

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