Page:United States Statutes at Large Volume 123.djvu/702

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123STA T .68 2 PUBLIC LA W 111 – 8 —M A R .11 , 2 0 0 9underthis he a d , a l l the p r ov isions o fw hi c h shall b e applicable tothee x penditure of such funds unless otherwise specified in the A ctb y which they are m ade available

Provide

d, T hat in the event any functions bud g eted as administrative expenses are subse -q uently transferred to or paid from other funds, the limitations on administrative expenses shall be correspondingly reduced .SEC . 708 . N o part of any appropriation contained in this or any other Act shall be available for interagency financing of boards ( except F ederal E xecutive B oards ) , commissions, councils, commit- tees, or similar groups (whether or not they are interagency entities) which do not have a prior and specific statutory approval to receive financial support from more than one agency or instrumentality. SEC. 70 9 . None of the funds made available pursuant to the provisions of this Act shall be used to implement, administer, or enforce any regulation which has been disapproved pursuant to a j oint resolution duly adopted in accordance with the applicable law of the U nited States. SEC. 7 1 0. (a) Notwithstanding any other provision of law, and except as otherwise provided in this section, no part of any of the funds appropriated for fiscal year 2 009, by this or any other Act, may be used to pay any prevailing rate employee described in section 534 2(a)(2)(A) of title 5, United States C ode — (1) during the period from the date of expiration of the limitation imposed by the comparable section for previous fiscal years until the normal effective date of the applicable wage survey adjustment that is to ta k e effect in fiscal year 2009, in an amount that exceeds the rate payable for the applicable grade and step of the applicable wage schedule in accordance with such section

and (2) during the period consisting of the remainder of fiscal year 2009, in an amount that exceeds, as a result of a wage survey adjustment, the rate payable under paragraph (1) by more than the sum of— (A) the percentage adjustment taking effect in fiscal year 2009 under section 5303 of title 5, United States Code, in the rates of pay under the G eneral Schedule; and (B) the difference between the overall average percent- age of the locality-based comparability payments taking effect in fiscal year 2009 under section 5304 of such title (whether by adjustment or otherwise), and the overall aver- age percentage of such payments which was effective in the previous fiscal year under such section. (b) Notwithstanding any other provision of law, no prevailing rate employee described in subparagraph (B) or (C) of section 5342(a)(2) of title 5, United States Code, and no employee covered by section 5348 of such title, may be paid during the periods for which subsection (a) is in effect at a rate that exceeds the rates that would be payable under subsection (a) were subsection (a) applicable to such employee. (c) For the purposes of this section, the rates payable to an employee who is covered by this section and who is paid from a schedule not in existence on September 30, 2008, shall be deter- mined under regulations prescribed by the O ffice of P ersonnel M anagement. (d) Notwithstanding any other provision of law, rates of pre- mium pay for employees subject to this section may not be changed Regulations.5USC 5 34 3 note.