Page:United States Statutes at Large Volume 102 Part 2.djvu/752

 102 STAT. 1756

PUBLIC LAW 100-440—SEPT. 22, 1988

remain available for use until the personal emergency has ended, and any remaining unused transferred leave shall, to> the extent administratively feasible, be restored l o the leave accounts of the officers or employees from whose accounts it was originally transferred. EMPLOYEE DISCLOSURE AGREEMENTS

SEC. 619. No funds appropriated in this or any other Act for fiscal year 1989 may be used to implement or enforce the agreements in Standard Forms 189 and 4193 of the Government or any other nondisclosure policy, form or agreement if such policy, form or agreement: (1) concerns information other than that specifically marked as classified; or, unmarked but known by the employee to be classified; or, unclassified but known by the employee to be in the process of a classification determination; (2) contains the term classifiable; (3) directly or indirectly obstructs, by requirement of prior written authorization, limitation of authorized disclosure, or otherwise, the right of any individual to petition or communicate with Members of Congress in a secure manner as provided by the rules and procedures of the Congress; (4) interferes with the right of the Congress to obtain executive branch information in a secure manner as provided by the rules and procedures of the Congress; (5) imposes any obligations or invokes any remedies inconsistent with statutory law: Provided, That nothing in this section shall affect the enforcement of those aspects of such nondisclosure policy, form or agreement that do not fall within subsection (l)-(5) of this section. Wages. SEC. 620. (a)(1) Notwithstanding any other provision of law, in the 5 USC 5305 note, case of fiscal year 1989, the overall percentage of the adjustment under section 5305 of title 5, United States Code, in the rates of pay under the General Schedule, and in the rates of pay under the other statutory pay systems (as defined by section 5301(c) of such title), shall be an increase of 4.1 percent. Effective date. (2) Each increase in a pay rate or schedule which takes effect pursuant to paragraph (1) shall, to the maximum extent practicable, be of the same percentage, and shall take effect as of the first day of the first applicable pay period commencing on or after January 1, 1989. (b)(1) Notwithstanding any other provision of this Act or any other law, no adjustment in rates of pay under section 5305 of title 5, United States Code, which becomes effective on or after October 1, 1988, and before October 1, 1989, shall have the effect of increasing the rate of salary or basic pay for any office or position in the legislative, executive, or judicial branch or in the government of the District of Columbia— (A) if the rate of salary or basic pay payable for that office or position as of September 30, 1988, was equal to or greater than the rate of basic pay then payable for level IH of the Executive Schedule under section 5314 of title 5, United States Code; or (B) to a rate exceeding the rate of basic pay payable for level III of the Executive Schedule under such section 5314 as of September 30, 1988, if, as of that date, the rate of salary or basic ay payable for that office or position was less than the rate of asic pay then payable for such level III.

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