PUBLIC LAW 107-107—DEC. 28, 2001 115 STAT. 1239 "§ 5757. Payment of expenses to obtain professional credentials "(a) An agency may use appropriated funds or funds otherwise available to the agency to pay for— "(1) expenses for employees to obtain professional credentials, including expenses for professional accreditation, Stateimposed and professional licenses, and professional certification; and "(2) examinations to obtain such credentials. "(b) The authority under subsection (a) may not be exercised on behalf of any employee occupying or seeking to qualify for appointment to any position that is excepted from the competitive service because of the confidential, policy-determining, policy- making, or policy-advocating character of the position.". (b) CLERICAL AMENDMENT. — The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "5757. Payment of expenses to obtain professional credentials.". SEC. 1113. PARITY IN ESTABLISHMENT OF WAGE SCHEDULES AND RATES FOR PREVAILING RATE EMPLOYEES. (a) IN GENERAL.— Paragraph (2) of section 5343(d) of title 5, United States Code, is amended to read as follows: "(2) When the lead agency determines that there is a number of comparable positions in private industry insufficient to establish the wage schedules and rates, such agency shall establish the wage schedules and rates on the basis of— "(A) local private industry rates; and "(B) rates paid for comparable positions in private industry in the nearest wage area that such agency determines is most similar in the nature of its population, employment, manpower, and industry to the local wage area for which the wage survey is being made.". (b) EFFECTIVE DATE. —Wage adjustments made pursuant to 5 USC 5343 note, the amendment made by this section shall take effect in each applicable wage area on the first normal effective date of the applicable wage survey adjustment that occurs after the date of the enactment of this Act. SEC. 1114. MODIFICATION OF LIMITATION ON PREMIUM PAY. (a) IN GENERAL.—Section 5547 of title 5, United States Code, is amended to read as follows: § 5547. Limitation on premium pay "(a) An employee may be paid premium pay under sections 5542, 5545 (a), (b), and (c), 5545a, and 5546 (a) and (b) 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
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