GENERAL PROVISIONS

GENERAL PROVISIONS Sec. 901. Section 5545a of title 5, United States Code, is amended— (1) in subsection (a)(2)— (A) in the matter before subparagraph (A) by striking “is required to” and inserting in lieu thereof “who is required to”; and (B) by inserting “and” immediately after subparagraph (E)(v); and (2) by adding at the end thereof the following new 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.”. Sec. 902. (a) Section 5545a of title 5, United States Code, is amended by inserting at the appropriate place the following new subsection: “(i) The provisions of subsections (a)–(h) providing for availability pay shall apply to a pilot employed by the United States Customs Service who is a law enforcement officer as defined under section 5541(3). For the purpose of this section, section 5542(d) of this title, and section 13(a)(16) and (b)(30) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(16) and (b)(30)), such pilot 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.”. (b) The amendment made by subsection (a) of 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. Sec. 903. Section 528 of Public Law 103–329 is amended by adding at the end a new proviso: “Provided further, That the amount set forth therefor in the budget estimates may be exceeded by no more than 5 percent in the event of emergency requirements.”.