Page:United States Statutes at Large Volume 96 Part 1.djvu/1233

 PUBLIC LAW 97-276-OCT. 2, 1982

96 STAT. 1191

such appropriation shall otherwise be subject to the requirements of subchapter II of chapter 15 of title 31, United States Code. SEC, 106. In accordance with Public Law 97-257 of September 10, 1982, not to exceed an annual rate of $13,500,000 from the fees collected and credited to the "Salaries and Expenses" appropriation of the Federal Bureau of Investigation to process fingerprint identification records for noncriminal employment and licensing services, shall be available for salaries and other expenses incurred in providing such services. SEC. 107. Notwithstanding any other provision of this joint resolution, the New England Division of the United States Army Corps of Engineers shall be mEuntained as a Division with all of the duties and functions of a Division retained and shall not be redesignated a District or any other type office, other than Division. SEC. 108. Of amounts appropriated for the Water Resources Council, Water Resources Planning, for preparation of assessments and plans, in Public Law 97-88, not more than $195,000 shall remain available until expended and shall be available to pay for work performed prior to fiscal year 1982 in support of the Columbia River Estuary Data Development Program, if such work is accepted by the Water Resources Council. SEC. 109. (a) Notwithstanding any other provision of law, no part of any of the funds appropriated for the fiscal year ending September 30, 1983, by this Act or any other Act, may be used to pay any prevailing rate employee described in section 5342(a)(2)(A) of title 5, United States Code, or an employee covered by section 5348 of that title, in an amount which exceeds— (1) for the period from October 1, 1982, until the next applicable wage survey adjustment becomes effective, the rate which was payable for the applicable grade and step to such employee under the applicable wage schedule that was in effect and payable on September 30, 1982; and (2) for the period consisting of the remainder of the fiscal year ending September 30, 1983, a rate which exceeds, as a result of a wage survey adjustment, the rate payable under paragraph (1) of this subsection by more than the overall average percentage of the adjustment in the General Schedule during the fiscal year ending September 30, 1983. (b) Notwithstanding the provisions of section 9(b) of Public Law 92-392 or section 704(b) of the Civil Service Reform Act of 1978, the provisions of subsection (a) of this section shall apply (in such manner as the Office of Personnel Management shall prescribe) to prevailing rate employees to whom such section 9(b) applies, except that the provisions of subsection (a) may not apply to any increase in a wage schedule or rate which is required by the terms of a contract entered into before the date of enactment of this Act. (c) For the purposes of subsection (a) of this section, the rate payable to any employee who is covered by this section and who is paid from a schedule which was not in existence on September 30, 1982, shall be determined under regulations prescribed by the President. (d) The provisions of this section shall apply only with respect to pay for services performed by affected employees after the date of enactment of this Act. (e) For the purpose of administering any provision of law, rule, or regulation which provides premium pay, retirement, life insurance, or any other employee benefit, which requires any deduction or

^"'«' P- ^28^«^«' P- 818.

95 Stat. 1148.

^ use 5343 note.

^ USC 5348.

5 USC 5343 "°**

Regulations.

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