H. R. 4539—47
‘‘(2) such investigator shall be compensated for all other
overtime work under section 5545a.’’.
(d) EXEMPTIONS FROM CERTAIN FAIR LABOR STANDARDS.—Sec-
tion 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.’’.
(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 Inspec-
tors 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.
(f) Not later than the effective date of this section, each criminal
investigator 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
H. R. 4539—48
Revenue Service establishes a single standard mileage rate for
optional use by taxpayers in computing the deductible costs of
operating their automobiles for business purposes, the rate per
mile established by the Administrator shall not exceed the single
standard mileage rate established by the Internal Revenue Service.
‘‘(2) 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 airplane or
a privately owned motorcycle when that mode of transportation
is authorized or approved as more advantageous to the Government.
‘‘(b) A determination that travel by a privately owned vehicle
is more advantageous to the Government is not required under
subsection (a) of this section when payment on a mileage basis
is limited to the cost of travel by common carrier including per
diem.
‘‘(c) Notwithstanding the provisions of subsections (a) and (b)
of this section, in any case in which an employee who is engaged
on official business for the Government chooses to use a privately
owned vehicle in lieu of a Government vehicle, payment on a
mileage basis is limited to the cost of travel by a Government
vehicle.
‘‘(d) In addition to the rate per mile authorized under subsection
(a) of this section, the employee may be reimbursed for—
‘‘(1) parking fees;
‘‘(2) ferry fees;
‘‘(3) bridge, road, and tunnel costs; and
‘‘(4) airplane landing and tie-down fees.’’.
(b) Section 5707(b) of title 5, United States Code, is amended
to read as follows:
‘‘(b) The Administrator of General Services shall prescribe the
mileage reimbursement rates for use on official business of privately
owned airplanes, privately owned automobiles, and privately owned
motorcycles while engaged on official business as provided for in
section 5704 of this title as follows:
‘‘(1)(A) The Administrator of General Services, in consulta-
tion with the Comptroller General of the United States, the
Secretary of Transportation, the Secretary of Defense, and rep-
resentatives of organizations of employees of the Government,
shall conduct periodic investigations of the cost of travel and
the operation of privately owned vehicles to employees while
engaged on official business, and shall report the results of
such investigations to Congress at least once a year.
‘‘(B) In conducting the periodic investigations, the Adminis-
trator shall review and analyze among other factors—
‘‘(i) depreciation of original vehicle cost;
‘‘(ii) gasoline and oil (excluding taxes);
‘‘(iii) maintenance, accessories, parts, and tires;
‘‘(iv) insurance; and
‘‘(v) State and Federal taxes.
‘‘(2)(A) The Administrator shall issue regulations under
this section which—
‘‘(i) shall prescribe a mileage reimbursement rate which
reflects the current costs as determined by the Adminis-
trator of operating privately owned automobiles, and which
shall not exceed, as provided in section 5704(a)(1) of this
H. R. 4539—49
title, the single standard mileage rate established by the
Internal Revenue Service, and
‘‘(ii) shall prescribe mileage reimbursement rates which
reflect the current costs as determined by the Adminis-
trator of operating privately owned airplanes and motor-
cycles.
‘‘(B) At least once each year after the issuance of the
regulations described in subparagraph (A) of this paragraph,
the Administrator shall determine, based upon the results of
the cost investigation, specific figures, each rounded to the
nearest half cent, of the average, actual cost per mile during
the period for the use of a privately owned airplane, automobile,
and motorcycle.
‘‘(C) The Administrator shall report the specific figures
to Congress not later than five working days after the Adminis-
trator makes the cost determination. Each such report shall
be printed in the Federal Register.
‘‘(D) The mileage reimbursement rates contained in the
regulations prescribed under this section shall be adjusted
within thirty days following the submission of the report under
subparagraph (C) of this paragraph.’’.
(c) Section 5707 of title 5, United States Code, is amended
by striking paragraph (c)(2), and redesignating (c)(1) as subsection
(c).
SEC. 635. SENSE OF THE SENATE REGARDING CANADA’S RESTRIC-
TIONS ON IMPORTS OF UNITED STATES CHICKENS.
(a) FINDINGS.—The Senate makes the following findings:
(1) The United States chicken industry is a highly competi-
tive and growing industry which employs over 200,000 people,
has over 25,000 family farms, and has significant production
in over 28 States.
(2) United States exports of chickens grew by 32 percent
in volume in 1993 and exports are increasingly important to
the continued economic vitality of the chicken industry.
(3) Canada’s chicken supply management system has
severely limited the importation of United States chickens to
Canada since it was imposed over 15 years ago, and its elimi-
nation would lead to between $350,000,000 and $700,000,000
in new exports to Canada and between 7,000 and 14,000 new
jobs in the United States.
(4) Canada’s chicken supply management system protects
Canadian chicken growers while seriously hurting both United
States and Canadian food processors, retailers, and consumers.
(5) The United States and Canada have a free trade agree-
ment which calls for the elimination of all tariffs and prohibits
the imposition of new tariffs on any goods traded bilaterally.
(6) The goals of the Uruguay Round Agreement on Agri-
culture are to liberalize and expand trade in agriculture and
to eliminate distortions to such trade.
(7) Canada refused to negotiate the issue of elimination
of its severe trade restrictions on the importation of United
States chickens as part of the North American Free Trade
Agreement (hereafter referred to as ‘‘NAFTA’’) because the
issue was part of the global trade negotiations under the Uru-
guay Round.
H. R. 4539—50
(8) The Uruguay Round has now concluded and the former
and current United States Trade Representative, as well as
other key cabinet-level officials, have stated that Canada will
be in violation of its NAFTA obligations if it does not eliminate
its newly imposed tariffs on chickens.
(9) The United States chicken industry has waited patiently
for access to Canadian markets, which would be the United
States largest export market for chickens if it were fully open.
(10) NAFTA should lead to free and completely open trade
for the chicken industry between the United States and Canada,
as it will between the United States and Mexico.
(11) The United States and Canada are currently holding
discussions to resolve this and other bilateral agricultural
matters.
(b) SENSE OF THE SENATE.—It is the sense of the Senate that—
(1) the United States should reserve all current and future
rights to bring Canada into compliance with its tariff obligations
under NAFTA, including the use of bilateral or multilateral
dispute settlement proceedings; and
(2) any agreement that is negotiated between the United
States and Canada on chickens should lead to—
(A) substantial and immediate new market access
opportunities for United States chicken exports in excess
of the levels that have already been achieved; and
(B) a commitment from Canada before the effective
date of the Uruguay Round Agreements which—
(i) establishes a timeframe for the elimination of
all of Canada’s tariffs on chickens; and
(ii) provides for growth in market access levels
for United States chicken exports to Canada during
the period such tariffs are being phased out.
SEC. 636. No part of any appropriation contained in this Act
may be used to pay for the expenses of travel of employees, including
employees of the Executive Office of the President, not directly
responsible for the discharge of official governmental tasks and
duties: Provided, That this restriction shall not apply to the family
of the President, Members of Congress or their spouses, Heads
of State of a foreign country or their designee(s), persons providing
assistance to the President for official purposes, or other individuals
so designated by the President.
SEC. 637. CONGRESSIONAL AWARD PROGRAM MEDALS.—Section
3 of the Congressional Award Act (2 U.S.C. 802) is amended—
(1) in subsection (a)—
(A) by striking ‘‘gold, silver, and bronze’’; and
(B) by striking the last sentence and inserting the
following: ‘‘Each medal shall consist of gold-plate over
bronze, rhodium over bronze, or bronze and shall be struck
in accordance with subsection (f).’’; and
(2) by adding at the end the following new subsection:
‘‘(f) CONGRESSIONAL AWARD PROGRAM MEDALS.—
‘‘(1) DESIGN AND STRIKING.—The Secretary of the Treasury
shall strike the medals described in subsection (a) and awarded
by the Board under this Act. Subject to subsection (a), the
medals shall be of such quantity, design, and specifications
as the Secretary of the Treasury may determine, after consulta-
tion with the Board.