123STA T . 321 9PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 09 (i)EXECUTIV E AG E N C YD E F INE D.—Inth i s s ec ti o n , the te rm‘ ‘e x ec u ti v e ag enc y’ ’ has the meaning given the term in section 4 o f the O ffice of F e d era lP rocurement Policy Act (4 1U . S . C . 4 03 ). SEC. 7 44. (a) T he ad j ustment in rates of b asic p ay for employees under the statutory pay systems that ta k es effect in fiscal year 2 010 under section 5 303 of title 5, United States Code, shall be an increase of 1.5 percent, and the overall average percentage of the adjustments taking effect in such fiscal year under sections 5304 – 5304a of such title 5 shall be an increase of 0.5 percent ( w ith comparability payments to be determined and allocated among pay localities by the President). Adjustments under the preceding sentence shall also apply to civilian employees in the Department of H omeland Security and in the Department of Defense. All adjust - ments under this subsection shall be effective as of the first day of the first applicable pay period beginning on or after J anuary 1, 2010. (b) N otwithstanding section 710, the adjustment in rates of basic pay for the statutory pay systems that take place in fiscal year 2010 under sections 5344 and 534 8 of title 5, United States Code, shall be no less than the percentages in subsection (a) as employees in the same location whose rates of basic pay are adjusted pursuant to the statutory pay systems under section 5303 and 5304–5304a of title 5, United States Code. Prevailing rate employees at locations where there are no employees whose pay is increased pursuant to sections 5303 and 5304–5304a of such title 5 and prevailing rate employees described in section 5343(a)(5) of such title 5 shall be considered to be located in the pay locality designated as ‘‘ R est of U.S.’’ pursuant to section 5304 of such title 5 for purposes of this subsection. (c) Funds used to carry out this section shall be paid from appropriations, which are made to each applicable department or agency for salaries and expenses for fiscal year 2010. SEC. 745. (a) Section 5538 of title 5, United States Code, is amended by striking subsection (b) and inserting the following
‘‘(b) Amounts under this section shall be payable with respect to each pay period (which would otherwise apply if the employee’s civilian employment had not been interrupted)— ‘‘(1) during which such employee is entitled to re-employ- ment rights under chapter 43 of title 38 with respect to the position from which such employee is absent (as referred to in subsection (a))
and ‘‘(2) for which such employee does not otherwise receive basic pay (including by taking any annual, military, or other paid leave) to which such employee is entitled by virtue of such employee’s civilian employment with the G overnment.’’. (b) The amendments made by this section shall take effect on the first day of the first applicable pay period beginning on or after the date of the enactment of this Act. SEC. 74 6 . Except as expressly provided otherwise, any reference to ‘‘this Act’’ contained in any title other than title I V or VIII shall not apply to such title IV or VIII. SEC. 747. (a) DEFINITI O N S .—For purposes of this section the following definitions apply: (1) The term ‘‘covered manufacturer’’ means— (A) an automobile manufacturer in which the United States Government has an ownership interest, or to which the Government has provided financial assistance under Ef f ectiv e da te .5USC 55 38no te. Ap p l ica b ilit y . Effective date. Pr e s ident. D eter m ination. 5USC53 0 3 note.
