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chapter I of chapter 53 of title 5, United States Code
(whether by adjustment or otherwise)—
(1) section 5304(a)(3)(B) of such title shall be
deemed to be amended by striking ‘‘3⁄10’’ and insert-
ing ‘‘1⁄4’’; and
(2) section 5304a of such title shall be deemed
to be without force or effect.
Ω88æSEC. 631. Section 5(f) of the Federal Workforce
Restructuring Act of 1994 (Public Law 103–226) is
amended by adding at the end the following new para-
graph:
‘‘(3) APPLICABILITY OF BACKFILL PREVENTION
PROVISIONS
TO
AGENCIES
OTHERWISE
EXEMPTED
FROM FTE REDUCTION.—
‘‘(A) IN GENERAL.—If any agency is oth-
erwise exempted by any law from the limita-
tions on full-time equivalent positions or the re-
strictions on hiring established by this section—
‘‘(i) paragraph (1) shall apply to va-
cancies created in such agency; and
‘‘(ii) the reductions required pursuant
to clause (i) shall be made in the number
of funded employee positions in such agen-
cy.
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‘‘(B) WAIVER AUTHORITY.—In the case of
a particular position in an agency, subpara-
graph (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 employ-
ment of any individual within the Executive Office of the
President shall be placed Ω89æin on leave without pay sta-
tus if the individual—
(1) has not, within 30 days of commencing such
employment or by October 31, 1994 (whichever oc-
curs later), submitted a completed questionnaire for
sensitive positions (SF–86) Ω90æor equivalent form;
or
(2) has not, Ω91æwithin 6 months of commenc-
ing such employment 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 Ω92æWhite House
access pass.
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(b) EXEMPTION.—Subsection (a) shall not apply to
any individual specifically exempted from such subsection
by the President or his designee.
Ω93æSEC. 633. SPECIAL PAY ADJUSTMENTS FOR CER-
TAIN MEMBERS OF THE SECRET SERVICE.
Any pay adjustment under section 5305 of title 5,
United States Code, to an individual who is employed as
a law enforcement officer by the United States Secret Serv-
ice Uniformed Division shall be considered to be a perma-
nent part of basic pay for all purposes, including the com-
putation of locality-based comparability payments under
section 5304 of such title and making special pay adjust-
ments for law enforcement officers in selected cities under
section 404 of the Federal Law Enforcement Pay Reform
Act of 1990 (5 U.S.C. 5305 note; Public Law 101–509; 104
Stat. 1467).
Ω94æSEC. 634. LAW ENFORCEMENT OFFICERS AVAIL-
ABILITY PAY.
(a) SHORT TITLE.—This section may be cited as the
‘‘Law Enforcement Officers Availability Pay Act of 1994’’.
(b) LAW ENFORCEMENT AVAILABILITY PAY.—
(1) IN GENERAL.—Chapter 55 of title 5, United
States Code, is amended by inserting after section
5545 the following new section:
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‘‘§ 5545a. Law enforcement availability pay
‘‘(a) For purposes of this section—
‘‘(1) the term ‘available’ refers to the availability
of a law enforcement officer and means that an officer
shall be considered generally and reasonably accessible
by the agency employing such officer to perform du-
ties based on the needs of an agency;
‘‘(2) the term ‘law enforcement officer’ means a
law enforcement officer as defined under section
5541(3) (other than a special agent in the Diplomatic
Security Service) who is required to—
‘‘(A) possess a knowledge of investigative
techniques, laws of evidence, rules of criminal
procedure, and precedent court decisions concern-
ing admissibility of evidence, constitutional
rights, search and seizure, and related issues;
‘‘(B) recognize, develop, and present evi-
dence that reconstructs events sequences and time
elements for presentation in various legal hear-
ings and court proceedings;
‘‘(C) demonstrate skills in applying surveil-
lance 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 nec-
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essary for cases which are complex and unfold
over a long period of time (as distinguished from
certain other occupations that require the use of
some investigative techniques in short-term situ-
ations that may end in arrest or detention);
‘‘(E) possess knowledge of criminal laws
and Federal rules of procedure which apply to
cases involving crimes against the United States,
including—
‘‘(i) knowledge of the elements of a
crime;
‘‘(ii) evidence required to prove the
crime;
‘‘(iii) decisions involving arrest au-
thority;
‘‘(iv) methods of criminal operations;
and
‘‘(v) availability of detection devices;
and
‘‘(F) possess the ability to follow leads that
indicate a crime will be committed rather than
initiate an investigation after a crime is com-
mitted;
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‘‘(3) the term ‘unscheduled duty hours’ means
duty hours a law enforcement officer works, or is de-
termined to be available for work, that are not—
‘‘(A) hours that are part of the 40 hours in
an administrative work week of the officer; or
‘‘(B) overtime hours paid under section
5542; and
‘‘(4) the term ‘work day’ means each day in the
officer’s administrative work week during which the
officer works at least 4 hours that are not overtime
hours paid under section 5542 or hours considered
part of section 5545(a).
‘‘(b) The purpose of this section is to provide premium
pay to law enforcement officers to ensure the availability
of law enforcement officers for unscheduled duty in excess
of a 40-hour work week based on the needs of the employing
agency.
‘‘(c) Each law enforcement officer shall be paid law
enforcement availability pay as provided under this section.
Availability pay shall be paid to ensure the availability of
the officer for all hours of duty in excess of a 40-hour work
week, except for regularly scheduled overtime as computed
under section 5542, night duty, Sunday duty, and holiday
duty. The officer is generally responsible for recognizing,
without supervision, circumstances which require the officer
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to be on duty or be available for duty for more than 40
hours in each work week agency based on the needs of the
agency. Availability pay provided to a law enforcement of-
ficer for such unscheduled duty shall be instead of premium
pay provided by other provisions of this subchapter.
‘‘(d)(1) A law enforcement officer shall be paid avail-
ability pay, if the average of hours described under para-
graph (2) (A) and (B) is equal to or greater than 2 hours.
‘‘(2) The hours referred to under paragraph (1) are—
‘‘(A) the annual average of unscheduled hours
worked by the officer in excess of each regular 8-hour
work day; and
‘‘(B) the annual average of unscheduled hours
such officer is available to work in excess of each reg-
ular 8-hour work day upon the request of the employ-
ing agency.
‘‘(3) Unscheduled duty hours as described under this
subsection, which are worked by an officer on days that are
not regular work days shall be considered in the calculation
of the annual average of unscheduled duty hours worked or
available for purposes of certification.
‘‘(4) An officer shall be considered to be available when
the officer cannot be reasonably and generally accessible due
to a status or assignment which is the result of an agency
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direction, order, or approval as provided under subsection
(f)(1).
‘‘(e)(1) Each officer 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 officer has
met 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 de-
nial of certification under paragraph (1) shall be a reduc-
tion in pay for purposes of section 7512(4) of this title.
‘‘(f)(1) A law enforcement officer who is eligible for
availability pay shall receive such pay during any period
such officer is—
‘‘(A) attending agency sanctioned training;
‘‘(B) on agency approved sick leave or annual
leave;
‘‘(C) on agency ordered travel status;
‘‘(D) on agency approved relocation status; or
‘‘(E) on relocation leave.
‘‘(2) Agencies or departments may provide availability
pay to officers during training which is considered initial,
basic training usually provided in the first year of service
or when on administrative leave with pay.
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‘‘(g) Section 5545(c) shall not apply to any law en-
forcement officer who is paid availability pay.
‘‘(h) Availability pay under this section shall be—
‘‘(1) 25 percent of the rate of basic pay on an
annual basis for the position; and
‘‘(2) treated as part of 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 ex-
pressly provided for by law or as the Office of
Personnel Management may by regulation pre-
scribe.’’.
(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
AMEND-
MENT.—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. Law enforcement availability pay.’’.
(c) COMPUTATION
OF OVERTIME RATES.—Section
5542 of title 5, United States Code, is amended—
(1) in subsection (a) in the first sentence by in-
serting ‘‘(or in excess of 10 hours a day as provided
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under subsection (d))’’ after ‘‘excess of 8 hours a day’’;
and
(2) by adding at the end thereof the following
new subsection:
‘‘(d)(1) In the case of any law enforcement officer who
is paid availability pay under section 5545a, overtime pay
shall be paid as computed under subsection (a) and in ac-
cordance with paragraph (4). All other overtime work by
a law enforcement officer shall be compensated under sec-
tion 5545a.
‘‘(2) In any work week in which a law enforcement
officer who is paid availability pay under section 5545a
works a 40-hour regular work week, the officer shall be paid
scheduled overtime pay for each hour such officer is sched-
uled to work—
‘‘(A) on a regularly scheduled work day in excess
of 10 hours; and
‘‘(B) on a day on which such officer was sched-
uled not to work and which is not part of the officer’s
basic 40-hour work week.’’.
(d) EXEMPTIONS FROM CERTAIN FAIR LABOR STAND-
ARDS.—Section 13 of the Fair Labor Standards Act of 1938
(29 U.S.C. 213) is amended—
(1) in subsection (a)—
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(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 follow-
ing new paragraph:
‘‘(16) a law enforcement officer as defined under
section 5545a(a) 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 follow-
ing new paragraph:
‘‘(30) a law enforcement officer as defined under
section 5545a(a) of title 5, United States Code.’’.
(e) EFFECTIVE DATE.—The provisions of this section
and the amendments made by this section shall take effect
on the first day of the first applicable pay period beginning
on or after October 1, 1994.
Ω95æSEC. 635. (a) Beginning in fiscal year 1995 and
thereafter, for each Federal agency, except the Department
of Defense, and except as provided in Public Law 102–393,
title IV, section 13 (40 U.S.C. 490g) with respect to the
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Fund established pursuant to 40 U.S.C. 490(f) an amount
equal to 50 percent of—
(1) the amount of each utility rebate received by
the agency for energy efficiency and water conserva-
tion measures, which the agency has implemented;
and
(2) the amount of the agency’s share of the meas-
ured energy savings resulting from energy savings
performance contracts
may be retained and credited to accounts that fund energy
and water conservation activities at the agency’s facilities,
and shall remain available until expended for additional
specific energy efficiency or water conservation projects or
activities, including improvements and retrofits, facility
surveys, additional or improved utility metering, and em-
ployee training and awareness programs, as authorized by
section 152(f) of the Energy Policy Act (Public Law 102–
486).
(b) The remaining 50 percent of each rebate, and the
amount of the agency’s share of savings from energy savings
performance contracts shall be transferred to the general
fund of the treasury at the end of the fiscal year in which
received.
Ω96æSEC. 636. (a) Section 5704 of title 5, United
States Code, is amended to read as follows:
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‘‘(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, in-
stead of the actual expenses of transportation, for the use
of a privately owned automobile when that mode of trans-
portation is authorized or approved as more advantageous
to the Government. In any year in which the Internal Reve-
nue 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 ex-
ceed the single standard mileage rate established by the In-
ternal 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 ac-
tual 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 re-
quired under subsection (a) of this section when payment