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5 U.S.C. § 5545a — Availability pay for criminal investigators

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5545a — Availability pay for criminal investigators

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Source file: Laws/federal/codes/united-states-code/title-5/section-5545a-availability-pay-for-criminal-investigators--eab6a4bf92.md
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Source location: Title 5, Chapter 55, § 5545a; chapter-055-pay-administration.md

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**(a)** For purposes of this section— (1) the term “available” refers to the availability of a criminal investigator and means that an investigator shall be considered 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 enforcement officer as defined under section 5541(3) (other than an officer occupying a position under title II of Public Law 99–399, subject to subsection (k)) who 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, constitutional 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 proceedings; (C) demonstrate skills in applying surveillance 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 necessary 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 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; and (F) possess the ability to follow leads that indicate a crime will be committed rather than initiate an investigation 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 investigators 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 investigator 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). **(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 certification 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 necessary 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7512/4&num=0&edition=prelim). **(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), 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. **(i)** The provisions of subsections (a)–(h) providing for availability pay shall apply to any employee of the U.S. Customs and Border Protection’s Air and Marine Operations, or any successor organization, who is a law enforcement officer as defined under section 5541(3). For the purpose of this section, [section 5542(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5542/d&num=0&edition=prelim), and section 13(a)(16) and (b)(30) of the Fair Labor Standards Act of 1938 ([29 U.S.C. 213(a)(16)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section213/a/16&num=0&edition=prelim) and (b)(30)), such employee shall be deemed to be a criminal investigator as defined in this section. The Office of Personnel Management may prescribe regulations to carry out this subsection. **(j)** Notwithstanding any other provision of this section, any Office of Inspector General which employs fewer than 5 criminal investigators may elect not to cover such criminal investigators under this section. **(k)** (1) For purposes of this section, the term “criminal investigator” includes a special agent occupying a position under title II of Public Law 99–399 if such special agent— (A) meets the definition of such term under paragraph (2) of subsection (a) (applied disregarding the parenthetical matter before subparagraph (A) thereof); and (B) such special agent satisfies the requirements of subsection (d) without taking into account any hours described in paragraph (2)(B) thereof. (2) In applying subsection (h) with respect to a special agent under this subsection— (A) any reference in such subsection to “basic pay” shall be considered to include amounts designated as “salary”; (B) paragraph (2)(A) of such subsection shall be considered to include (in addition to the provisions of law specified therein) sections 609(b)(1), 805, 806, and 856 of the Foreign Service Act of 1980; and (C) paragraph (2)(B) of such subsection shall be applied by substituting for “Office of Personnel Management” the following: “Office of Personnel Management or the Secretary of State (to the extent that matters exclusively within the jurisdiction of the Secretary are concerned)”.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5542 — Overtime rates; computation

**(a)** For full-time, part-time and intermittent tours of duty, hours of work officially ordered or approved in excess of 40 hours in an administrative workweek, or (with the exception of an employee engaged in professional or technical engineering or scientific activities for whom the first 40 hours of duty in an administrative workweek is the basic workweek and an employee whose basic pay exceeds the minimum rate for GS–10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law) for whom the first 40 hours of duty in an administrative workweek is the basic workweek) in excess of 8 hours in a day, performed by an employee are overtime work and shall be paid for, except as otherwise provided by this subchapter, at the following rates: (1) For an employee whose basic pay is at a rate which does not exceed the minimum rate of basic pay for GS–10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law), the overtime hourly rate of pay is an amount equal to one and one-half times the hourly rate of basic pay of the employee, and all that amount is premium pay. (2) For an employee whose basic pay is at a rate which exceeds the minimum rate of basic pay for GS–10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law), the overtime hourly rate of pay is an amount equal to the greater of one and one-half times the hourly rate of the minimum rate of basic pay fo

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4801 — Findings and purposes

**(a) Findings** The Congress finds and declares that— (1) the United States has a crucial stake in the presence of United States Government personnel representing United States interests abroad; (2) conditions confronting United States Government personnel and missions abroad are fraught with security concerns which will continue for the foreseeable future; and (3) the resources now available to counter acts of terrorism and protect and secure United States Government personnel and missions abroad, as well as foreign officials and missions in the United States, are inadequate to meet the mounting threat to such personnel and facilities. **(b) Purposes** The purposes of this chapter are— (1) to set forth the responsibility of the Secretary of State with respect to the security of diplomatic operations in the United States and abroad; (2) to maximize coordination by the Department of State with Federal, State, and local agencies and agencies of foreign governments in order to enhance security programs; (3) to promote strengthened security measures, institutionalize a culture of learning, and, in the case of apparent gross negligence or breach of duty, recommend that the Secretary investigate accountability for United States Government personnel with security-related responsibilities under chief of mission authority; (4) to support a culture of risk management, instead of risk avoidance, that enables the Department of State to pursue its vital goals with full knowledge that it is neither desirable nor possible for the Department to avoid all risks; (5) to set forth the responsibility of the Secretary of State with respect to the safe and efficient evacuation of United States Government personnel, their dependents, and private United States citizens when their liv

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5343 — Prevailing rate determinations; wage schedules; night differentials

**(a)** The pay of prevailing rate employees shall be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates. Subject to [section 213(f) of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section213/f&num=0&edition=prelim), the rates may not be less than the appropriate rates provided by [section 206(a)(1) of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206/a/1&num=0&edition=prelim). To carry out this subsection— (1) the Office of Personnel Management shall define, as appropriate— (A) with respect to prevailing rate employees other than prevailing rate employees under paragraphs (B) and (C) of [section 5342(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5342/a/2&num=0&edition=prelim), the boundaries of— (i) individual local wage areas for prevailing rate employees having regular wage schedules and rates; and (ii) wage areas for prevailing rate employees having special wage schedules and rates; (B) with respect to prevailing rate employees under paragraphs (B) and (C) of [section 5342(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5342/a/2&num=0&edition=prelim), the boundaries of— (i) individual local wage areas for prevailing rate employees under such paragraphs having regular wage schedules and rates (but such boundaries shall not extend beyond the immediate locality in which the particular prevailing rate employees are employed); and (ii) wage areas for prevailing rate employees under such paragraphs having special wage schedules and rates; (2) the Office of Personnel Management shall designate a lead age

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8431 — Certain transfers to be treated as a separation

**(a)** For purposes of this subchapter, separation from Government employment includes a transfer from a position that is subject to one of the retirement systems described in subsection (b) to a position that is not subject to any of them. **(b)** The retirement systems described in this subsection are— (1) the retirement system under this chapter; (2) the retirement system under subchapter III of chapter 83; and (3) any other retirement system under which individuals may contribute to the Thrift Savings Fund through withholdings from pay.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 213 — Exemptions

**(a) Minimum wage and maximum hour requirements** The provisions of sections 206 (except subsection (d) in the case of paragraph (1) of this subsection) and 207 of this title shall not apply with respect to— (1) any employee employed in a bona fide executive, administrative, or professional capacity (including any employee employed in the capacity of academic administrative personnel or teacher in elementary or secondary schools), or in the capacity of outside salesman (as such terms are defined and delimited from time to time by regulations of the Secretary, subject to the provisions of subchapter II of chapter 5 of title 5, except that an employee of a retail or service establishment shall not be excluded from the definition of employee employed in a bona fide executive or administrative capacity because of the number of hours in his workweek which he devotes to activities not directly or closely related to the performance of executive or administrative activities, if less than 40 per centum of his hours worked in the workweek are devoted to such activities); or (2) Repealed. Pub. L. 101–157, § 3(c)(1), Nov. 17, 1989, 103 Stat. 939. (3) any employee employed by an establishment which is an amusement or recreational establishment, organized camp, or religious or non-profit educational conference center, if (A) it does not operate for more than seven months in any calendar year, or (B) during the preceding calendar year, its average receipts for any six months of such year were not more than 33⅓ per centum of its average receipts for the other six months of such year, except that the exemption from sections 206 and 207 of this title provided by this paragraph does not apply with respect to any employee of a private entity engaged in providing services or facilities

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 211 — National Urban Security Technology Laboratory

**(a) In general** The Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under [section 188(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section188/c/2&num=0&edition=prelim). Such laboratory shall be used to test and evaluate emerging technologies and conduct research and development to assist emergency response providers in preparing for, and protecting against, threats of terrorism. **(b) Laboratory described** The laboratory described in this subsection is the laboratory— (1) known, as of December 27, 2021, as the National Urban Security Technology Laboratory; and (2) transferred to the Department pursuant to [section 183(1)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section183/1/E&num=0&edition=prelim). **(c) Laboratory activities** The National Urban Security Technology Laboratory shall— (1) conduct tests, evaluations, and assessments of current and emerging technologies, including, as appropriate, the cybersecurity of such technologies that can connect to the internet, for emergency response providers; (2) act as a technical advisor to emergency response providers; and (3) carry out other such activities as the Secretary determines appropriate. **(d) Rule of construction** Nothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5541 — Definitions

For the purpose of this subchapter— (1) “agency” means— (A) an Executive agency; (B) a military department; (C) an agency in the judicial branch; (D) the Library of Congress; (E) the Botanic Garden; (F) the Office of the Architect of the Capitol; and (G) the government of the District of Columbia; (2) “employee” means— (A) an employee in or under an Executive agency; (B) an individual employed by the government of the District of Columbia; and (C) an employee in or under the judicial branch, the Library of Congress, the Botanic Garden, and the Office of the Architect of the Capitol, who occupies a position subject to chapter 51 and subchapter III of chapter 53 of this title; but does not include— (i) a justice or judge of the United States; (ii) the head of an agency other than the government of the District of Columbia; (iii) a teacher, school official, or employee of the Board of Education of the District of Columbia, whose pay is fixed under chapter 15 of title 31, District of Columbia Code; (iv) a member of— (I) the Metropolitan Police or the Fire Department of the District of Columbia; or (II) a member of the United States Park Police, other than for purposes of section 11 So in original. Probably should be “sections”. 5545(a) and 5546; (v) a student-employee as defined by [section 5351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5351&num=0&edition=prelim); (vi) Repealed. Pub. L. 91–375, § 6(c)(16), Aug. 12, 1970, 84 Stat. 776;] (vii) an employee outside the continental United States or in Alaska who is paid in accordance with local native prevailing wage rates for the area in which employed; (viii) an employee of the Tennessee Valley Authority; (ix)

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5547 — Limitation on premium pay

**(a)** An employee may be paid premium pay under sections 5542, 5545(a), (b), and (c), 5545a, 5545c, 5546(a) and (b), and 5550 only to the extent that the payment does not cause the aggregate of basic pay and such premium pay for any pay period for such employee to exceed the greater of— (1) the maximum rate of basic pay payable for GS–15 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law); or (2) the rate payable for level V of the Executive Schedule. **(b)** (1) Subject to regulations prescribed by the Office of Personnel Management, subsection (a) shall not apply to an employee who is paid premium pay by reason of work in connection with an emergency (including a wildfire emergency) that involves a direct threat to life or property, including work performed in the aftermath of such an emergency. (2) Notwithstanding paragraph (1), no employee referred to in such paragraph may be paid premium pay under the provisions of law cited in subsection (a) if, or to the extent that, the aggregate of the basic pay and premium pay under those provisions for such employee would, in any calendar year, exceed the greater of— (A) the maximum rate of basic pay payable for GS–15 in effect at the end of such calendar year (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law); or (B) the rate payable for level V of the Executive Schedule in effect at the end of such calendar year. (3) Subject to regulations prescribed by the Office of Personnel Management, the head of an agency may determine

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8331 — Definitions

For the purpose of this subchapter— (1) “employee” means— (A) an employee as defined by [section 2105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim); (B) the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden; (C) a Congressional employee as defined by [section 2107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2107&num=0&edition=prelim) (other than the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden), after he gives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter; (D) a temporary Congressional employee appointed at an annual rate of pay, after he gives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter; (E) a United States Commissioner whose total pay for services performed as Commissioner is not less than $3,000 in each of the last 3 consecutive calendar years ending after December 31, 1954; (F) an individual employed by a county committee established under [section 590h(b) of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590h/b&num=0&edition=prelim); (G) an individual first employed by the government of the District of Columbia before October 1, 1987; (H) an individual employed by Gallaudet College; (I) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (72 Stat. 838); (J) an alien (i) who was previously employed by the Government, (ii) who is employed full time by a foreign government

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