H. R. 4539—43
upon appropriate written application, elect to have such employee’s
leave accounts adjusted to reflect the amount of annual leave and
sick leave, respectively, which would remain had sick leave been
used instead of all or any portion of the annual leave actually
used, as designated by the employee.
(B) An application under this paragraph may not be approved
unless it is submitted—
(i) within 1 year after the date of the enactment of this
Act or such later date as the Office may prescribe;
(ii) in such form and manner as the Office shall require;
and
(iii) by an individual who is an employee as of the time
of application.
(C) For the purpose of this paragraph, the term ‘‘employee’’
has the meaning given such term by section 6301(2) of title 5,
United States Code.
SEC. 630. (a)(1) The adjustment in rates of basic pay for the
statutory pay systems that takes effect in fiscal year 1995 under
section 5303 of title 5, United States Code, shall be an increase
of 2 percent.
(2) For purposes of each provision of law amended by section
704(a)(2) of the Ethics Reform Act of 1989 (5 U.S.C. 5318 note),
no adjustment under section 5303 of title 5, United States Code,
shall be considered to have taken effect in fiscal year 1995 in
the rates of basic pay for the statutory pay systems.
(3) For purposes of this subsection, the term ‘‘statutory pay
system’’ shall have the meaning given such term by section 5302(1)
of title 5, United States Code.
(b) For purposes of any locality-based comparability payments
taking effect in fiscal year 1995 under subchapter I of chapter
53 of title 5, United States Code (whether by adjustment or other-
wise), section 5304(a) of such title shall be deemed to be without
force or effect.
(c) Notwithstanding section 5304(a)(3)(B) of title 5, United
States Code, the annualized cost of pay adjustments made under
section 5304 of such title in calendar year 1995 shall be equal
to 0.6 percent of the estimated aggregate fiscal year 1995 executive
branch civilian payroll—
(1) as determined by the pay agent (within the meaning
of section 5302 of such title); and
(2) determined as if the rates of pay and comparability
payments payable on September 30, 1994, had remained in
effect.
SEC. 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 paragraph:
‘‘(3) APPLICABILITY
OF
BACKFILL
PREVENTION
PROVISIONS
TO
AGENCIES
OTHERWISE
EXEMPTED
FROM
FTE
REDUCTION.—
‘‘(A) IN GENERAL.—If any agency is otherwise exempted
by any law from the limitations on full-time equivalent
positions or the restrictions on hiring established by this
section—
‘‘(i) paragraph (1) shall apply to vacancies 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 agency.
H. R. 4539—44
‘‘(B) WAIVER AUTHORITY.—In the case of a particular
position in an agency, subparagraph (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 con-
strued as suspending or modifying this paragraph unless
such law specifically amends this paragraph.’’.
SEC. 632. (a) IN GENERAL.—Hereafter, the employment of any
individual within the Executive Office of the President shall be
placed on leave without pay status if the individual—
(1) has not, within 30 days of commencing such employment
or by October 31, 1994 (whichever occurs later), submitted
a completed questionnaire for sensitive positions (SF–86) or
equivalent form; or
(2) has not, within 6 months of commencing such employ-
ment 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 access pass.
(b) EXEMPTION.—Subsection (a) shall not apply to any individ-
ual specifically exempted from such subsection by the President
or his designee.
SEC. 633. LAW ENFORCEMENT AVAILABILITY PAY.
(a) SHORT TITLE.—This section may be cited as the ‘‘Law
Enforcement 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:
‘‘§ 5545a. Availability pay for criminal investigators
‘‘(a) For purposes of this section—
‘‘(1) the term ‘available’ refers to the availability of a crimi-
nal investigator and means that an investigator shall be con-
sidered generally and reasonably accessible by the agency
employing such investigator to perform unscheduled duty based
on the needs of an agency;
‘‘(2) the term ‘criminal investigator’ means a law enforce-
ment officer as defined under section 5541(3) (other than an
officer occupying a position under title II of Public Law 99–
399) is required to—
‘‘(A) possess a knowledge of investigative techniques,
laws of evidence, rules of criminal procedure, and precedent
court decisions concerning admissibility of evidence, con-
stitutional rights, search and seizure, and related issues;
‘‘(B) recognize, develop, and present evidence that
reconstructs events, sequences and time elements for
presentation in various legal hearings and court proceed-
ings;
‘‘(C) demonstrate skills in applying surveillance tech-
niques, 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 necessary for cases which
are complex and unfold over a long period of time (as
H. R. 4539—45
distinguished from certain other occupations that require
the use of some investigative techniques in short-term
situations 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 authority;
‘‘(iv) methods of criminal operations; and
‘‘(v) availability of detection devices;
‘‘(F) possess the ability to follow leads that indicate
a crime will be committed rather than initiate an investiga-
tion after a crime is committed;
‘‘(3) the term ‘unscheduled duty’ means hours of duty a
criminal investigator works, or is determined to be available
for work, that are not—
‘‘(A) part of the 40 hours in the basic work week
of the investigator; or
‘‘(B) overtime hours paid under section 5542; and
‘‘(4) the term ‘regular work day’ means each day in the
investigator’s basic work week during which the investigator
works at least 4 hours that are not overtime hours paid under
section 5542 or hours considered part of section 5545a.
‘‘(b) The purpose of this section is to provide premium pay
to criminal investigators to ensure the availability of criminal inves-
tigators for unscheduled duty in excess of a 40 hour work week
based on the needs of the employing agency.
‘‘(c) Each criminal investigator shall be paid availability pay
as provided under this section. Availability pay shall be paid to
ensure the availability of the investigator for unscheduled duty.
The investigator is generally responsible for recognizing, without
supervision, circumstances which require the investigator to be
on duty or be available for unscheduled duty based on the needs
of the agency. Availability pay provided to a criminal investigator
for such unscheduled duty shall be paid instead of premium pay
provided by other provisions of this subchapter, except premium
pay for regularly scheduled overtime work as provided under section
5542, night duty, Sunday duty, and holiday duty.
‘‘(d)(1) A criminal investigator shall be paid availability pay,
if the average of hours described under paragraph (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 duty hours worked
by the investigator in excess of each regular work day; and
‘‘(B) the annual average of unscheduled duty hours such
investigator is available to work on each regular work day
upon request of the employing agency.
‘‘(3) Unscheduled duty hours which are worked by an investiga-
tor 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 investigator shall be considered to be available when
the investigator cannot reasonably and generally be accessible due
to a status or assignment which is the result of an agency direction,
order, or approval as provided under subsection (f)(1).
H. R. 4539—46
‘‘(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 certifi-
cation 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 nec-
essary 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 this 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 work-
week—
‘‘(A) in excess of 10 hours on a day during such inves-
tigator’s basic 40 hour workweek; or
‘‘(B) on a day outside such investigator’s basic 40 hour
workweek; and