Executive Order 12748—Providing for Federal Pay Adminstration

By the authority vested in me as President by the Constutition and the laws of the United States of America, including the Federal Employees Pay Comparability Act of 1990 (hereinafter "FEPCA"), as incorporated in section 529 of Public Law 101-509, and sections 3301 and 3302 of title 5, United States Code, it is hereby ordered as follows:

Section 1. Annual Adjustments to Pay Schedules. The following agencies are designated under section 5303(g) of title 5, United States Code, as amended by FEPCA, to prescribe conversion rules for the initial adjustment of rates of pay to be applied during each annual adjustment of pay schedules under section 5303 of title 5, United Stated Code:

(a) the Office of Personnel Management, for the General Schedule;

(b) the Department of State, for the Foreign Service Schedule; and

(c) the Department of Veterans Affairs, for the Veterans Health Services and Research Administration Schedules.

Sec. 2. Locality-based Comparability Payments. (a) The Secretary of Labor, the Director of the Office of Management and Budget, and the Director of the Office of Management and Budget, and the Director of the Office of Personnel Management are hereby designated under section 5304(d)(1) of title 5, United States Code, as amended by FEPCA, to serve jointly as the President's agent under section 5304 of title 5, United States Code, and shall be known in this capacity as the President's Pay Agent.

(b) The head of each executive agency employing personnel under a statutory pay system, as defined in section 5303(1) of title 5, United States Code, as amended by FEPCA, shall provide such information and assistance as may be requested by the President's Pay Agent in carrying out the provisions of section 5304 of title 5, United States Code.

Sec. 3. Special Pay Authority. (a) The Office of Personnel Management is hereby authorized and designated, pursuant to section 5305(a) of title 5, United States Code, as amended by section 101 of FEPCA, to exercise the authorities of the President under section 5305 of title 5, United States Code, concerning higher rates of pay.

(b) Before exercising the delegated authorities under subsection (a) regarding employees in positions other than those covered by the General Schedule, the Office of personnel Management shall consult with the head of the agency employing such employees.

Sec. 4. Previous Order Revoked. Executive Order No. 11721, as amended, is revoked.

Sec. 5. Advance Payments for New Appointees. Section 2(b) of Executive Order No. 10982, as amended, is further amended to read as follows:

"(b) The Office of Personnel Management is hereby designated and empowered to perform the functions conferred upon the President by the provisions of section 5527 of title 5, United States Code, with respect to allotments and assignments authorized by section 5525 of title 5, United States Code, and advance payments to new appointees authorized by section 5524a of title 5, United States Code, as added by section 107(a) of the Federal Employees Pay Comparability Act of 1990, as incorporated in section 529 of Public Law 101-509."

Sec. 6. Extension of Cash Awards, Recruitment and Relocation Bonuses, and Retention Allowances. The Office of Personnel Management is hereby designated and empowered to exercise the authority of the President under:

(a) section 4505a(d) of title 5, United States Code, as added by section 207(a) of FEPCA, concerning the application of performance-based cash awards to noncovered categories of employees;

(b) section 5753(e) of title 5, United States Code, as added by section 208 of FEPCA, concerning the application of recruitment and relocation bonuses to noncovered categories of employees; and

(c) section 5754(e) of title 5, United States Code, as added by section 208 of FEPCA, concerning the application of retention allowances to noncovered categories of employees.

Sec. 7. Staffing Differentials. The Office of Personnel Management is hereby designated and empowered to exercise the authority of the President under section 209 of FEPCA to establish staffing differentials.

Sec. 8. Executive Assignment System. (a) Civil Service Rule 9 (5 CFR Part 9), as established by Executive Order No. 11315, as amended, is revoked.

(b) The Office of Personnel Management shall take such actions as the Office may determine to be necessary to provide for the orderly termination of the executive Assignment System.

Sec. 9. Effective Dates. (a) Except as otherwise provided by Public Law 101-509, the provisons of subchapter I of chapter 53 of title 5, United States Code, as amended by section 101 of FEPCA, and the provisions of sections 1 through 4 of this order shall take effect on February 3, 1991.

(b) Except as otherwise provided by Public Law 101-509, the remaining provisons of FEPCA and of this order shall take effect on May 4, 1991, except that the Office of Personnel Management may establish an earlier effective date, but not earlier than February 3, 1991, for any such provisions with respect to which the Office determines an earlier effective date is appropriate.

George Bush

The White House,

February 1, 1991.