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‘‘(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;
‘‘(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
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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
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—
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‘‘(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
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.
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‘‘(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.
‘‘(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
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‘‘(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
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 (2). All other overtime work by
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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)—
(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)—
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(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.
SEC. 635. (a) Beginning in fiscal year 1995 and there-
after, for each Federal agency, except the Department of De-
fense, and except as provided in Public Law 102–393, title
IV, section 13 (40 U.S.C. 490g) with respect to the 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
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(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.
This Act may be cited as the ‘‘Treasury, Postal Serv-
ice and General Government Appropriations Act, 1995’’.
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Calendar No. 470
103D CONGRESS
2D SESSION
H.R. 4539
[Report No. 103–286]
AN ACT
Making appropriations for the Treasury Depart-
ment, the United States Postal Service, the Ex-
ecutive Office of the President, and certain Inde-
pendent Agencies, for the fiscal year ending Sep-
tember 30, 1995, and for other purposes.
JUNE 16 (legislative day, JUNE 7), 1994
Received; read twice and referred to the Committee on
Appropriations
JUNE 16 (legislative day, JUNE 7), 1994
Reported with amendments