108 STAT. 2426 PUBLIC LAW 103-329—SEPT. 30, 1994 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 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).
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