Source
(Added Pub. L. 103–329, title VI, § 633(b)(1), Sept. 30, 1994, 108 Stat. 2425; amended Pub. L. 104–19, title I, §§ 901,
902
(a), July 27, 1995, 109 Stat. 230; Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 659 [title II, § 206(b)(2)]], Sept. 30, 1996, 110 Stat. 3009–314, 3009–372, 3009–378; Pub. L. 105–277, div. A, § 101(b) [title IV, § 407(a), (c)(1)], div. G, subdiv. B, title XXIII, § 2316(a), (c)(1), Oct. 21, 1998, 112 Stat. 2681–50, 2681–101, 2681–102, 2681–828.)
References in Text
Title II of Public Law 99–399, referred to in subsecs. (a)(2) and (k)(1), is title II of
Pub. L. 99–399, Aug. 27, 1986,
100 Stat. 858, as amended, which is classified generally to subchapter II (§ 4821 et seq.) of chapter
58 of Title
22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section
4801 of Title
22 and Tables.
Sections 609(b)(1), 805, 806, and 856 of the Foreign Service Act of 1980, referred to in subsec. (k)(2)(B), are classified to sections
4009
(b)(1),
4045,
4046, and
4071e, respectively, of Title
22, Foreign Relations and Intercourse.
Amendments
1998—Subsec. (a)(2).
Pub. L. 105–277, § 101(b) [title IV, § 407(c)(1)] and § 2316(c)(1), amended subsec. (a)(2) identically, substituting “Public Law 99–399, subject to subsection (k))” for “Public Law 99–399)” in introductory provisions.
Subsec. (k).
Pub. L. 105–277, § 101(b) [title IV, § 407(a)] and § 2316(a), amended section identically, adding subsec. (k).
1996—Subsec. (h)(2)(A).
Pub. L. 104–208 struck out “8431,” after “8331(3),”.
1995—Subsec. (a)(2).
Pub. L. 104–19, § 901(1)(A), inserted “who” before “is required to” in introductory provisions.
Subsec. (a)(2)(E)(v).
Pub. L. 104–19, § 901(1)(B), inserted “and” at end.
Subsec. (i).
Pub. L. 104–19, § 902(a), added subsec. (i).
Subsec. (j).
Pub. L. 104–19, § 901(2), added subsec. (j).
Effective Date of 1998 Amendment
For effective date of amendment by
Pub. L. 105–277, see section
101
(b) [title IV, § 407(d)] and section 2316(d) of
Pub. L. 105–277, set out as a note under section
5542 of this title.
Effective Date of 1996 Amendment
Section
101
(f) [title VI, § 659 [title II, § 207]] of
Pub. L. 104–208 provided that: “This title [title II (§§ 201–207) of section 659 of section
101(f) of
Pub. L. 104–208, amending this section and sections
8351,
8401,
8433,
8435, and
8440a to
8440c of this title, repealing section
8431 of this title, enacting provisions set out as notes under sections
8401 and
8433 of this title, and amending provisions set out as a note under section
5343 of this title] shall take effect on the date of the enactment of this Act [Sept. 30, 1996] and withdrawals and elections as provided under the amendments made by this title shall be made at the earliest practicable date as determined by the Executive Director in regulations.”
Effective Date of 1995 Amendment
Section 902(b) of
Pub. L. 104–19 provided that: “The amendment made by subsection (a) of this section [amending this section] shall take effect on the first day of the first applicable pay period which begins on or after the 30th day following the date of enactment of this Act [July 27, 1995].”
Effective Date
Section 633(e) of
Pub. L. 103–329 provided that: “The amendments made by this section [enacting this section and amending sections
5542 and
5547 of this title and section
213 of Title
29, Labor] shall take effect on the first day of the first applicable pay period which begins on or after the later of October 1, 1994, or the 30th day following the date of enactment of this Act [Sept. 30, 1994], except that:
“(1) Criminal investigators, employed in Offices of Inspectors General, who are not receiving administratively uncontrollable overtime compensation or who are receiving such premium pay at a rate less than 25 percent prior to the date of enactment of this Act, may implement availability pay at any time prior to September 30, 1995, after which date availability pay as authorized under this section shall be provided to such criminal investigators.
“(2) Criminal investigators, employed by Offices of Inspectors General, who are receiving administratively uncontrollable overtime at a rate less than 25 percent, shall continue to receive this compensation at the same rate or higher until availability pay compensation is provided, which shall be no later than the last pay period ending on or before September 30, 1995.”
Implementation
Pub. L. 105–277, div. A, § 101(b) [title IV, § 407(b)], div. G, subdiv. B, title XXIII, § 2316(b), Oct. 21, 1998,
112 Stat. 2681–50, 2681–102, 2681–828, provided that: “Not later than the date on which the amendments made by this section [amending this section and section
5542 of this title] take effect [see Effective Date of 1998 Amendment note set out above], each special agent of the Diplomatic Security Service who satisfies the requirements of subsection (k)(1) of section
5545a of title 5, United States Code, as amended by this section, and the appropriate supervisory officer, to be designated by the Secretary of State, shall make an initial certification to the Secretary of State that the special agent is expected to meet the requirements of subsection (d) of such section
5545a. The Secretary of State may prescribe procedures necessary to administer this subsection.”
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections
203
(1),
551
(d),
552
(d), and
557 of Title
6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title
6.
Certification of Criminal Investigators
Section 633(f) of
Pub. L. 103–329 provided that: “Not later than the effective date of this section [see Effective Date note above], each criminal investigator under section
5545a of title
5, United States Code, as added by this section, and the appropriate supervisory officer, to be designated by the head of the agency, shall make an initial certification to the head of the agency that the criminal investigator is expected to meet the requirements of subsection (d) of such section
5545a. The head of a law enforcement agency may prescribe procedures necessary to administer this paragraph.”