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[See main edition for text of (4)]

(5) members of the Metropolitan Police, the Fire Department of the District of Columbia, the United States Park Police, and the Executive Protective Service; members of the police force of the National Zoological Park whose pay is fixed under section 5375 of this title; and members of the police forces of the Bureau of Engraving and Printing and the United States Mint whose pay is fixed under section 5378 of this title;

[See main edition for text of (6) to (9)]

(10) civilian professors, instructors, and lecturers at a professional military education school (and, in the case of the George C. Marshall European Center for Security Studies, the Director and the Deputy Director) whose pay is fixed under section 1595, 4021, 7478, or 9021 of title 10; civilian professors, lecturers, and instructors at the Military Academy, the Naval Academy, and the Air Force Academy whose pay is fixed under sections 4338, 6952, and 9338, respectively, of title 10; senior professors, professors, associate and assistant professors, and instructors at the Naval Postgraduate School whose pay is fixed under section 7044 of title 10; the Academic Dean of the Postgraduate School of the Naval Academy whose pay is fixed under section 7043 of title 10; civilian professors, instructors, and lecturers in the defense acquisition university structure (including the Defense Systems Management College) whose pay is fixed under section 1746(b) of title 10;

[See main edition for text of (11) to (13)]

(14) employees whose pay is not wholly from appropriated funds of the United States (other than employees of the Federal Retirement Thrift Investment Management System appointed under section 8474(c)(2) of this

'So in original. The comma probably should not appear.

title), except that with respect to the Veterans' Canteen Service, Department of Veterans Affairs this paragraph applies only to employees necessary for the transaction of the business of the Service at canteens, warehouses, and storage depots whose employment is authorized by section 7802 of title 38;

[See main edition for text of (15)]

(16) student nurses, medical or dental interns, residents-in-training, student dietitians, student physical therapists, student occupational therapists, and other student employees, assigned or attached to a hospital, clinic, or laboratory primarily for training purposes, whose pay is fixed under subchapter V of chapter 53 of this title or sections 7405 and 7406 of title 38;

[See main edition for text of (17) to (24)]

(25) positions for which rates of basic pay are individually fixed, or expressly authorized to be fixed, by other statute, at or in excess of the rate for level V of the Executive Schedule;

[See main edition for text of (26)]

(27) members of the police of the Library of Congress whose pay is fixed under section 167 of title 2;

(28) civilian members of the faculty of the Air Force Institute of Technology whose pay is fixed under section 9314 of title 10;

(29) administrative law judges appointed under section 3105; or

(30) members of agency boards of contract appeals appointed under section 8 of the Contract Disputes Act of 1978.

[See main edition for text of (d)] (As amended Pub. L. 101-189, div. A, title XI, § 1124(e), Nov. 29, 1989, 103 Stat. 1560; Pub. L. 101-474, 5(h), Oct. 30, 1990, 104 Stat. 1100; Pub. L. 101-509, title V, § 529 [title I, §§ 101(b)(9)(F), 104(d)(1), 109(a)(2)], Nov. 5, 1990, 104 Stat. 1427, 1441, 1447, 1451; Pub. L. 101-510, div. A, title XII, § 1209(h)(2), Nov. 5, 1990, 104 Stat. 1667; Pub. L. 102-40, title IV, § 403(c)(1), May 7, 1991, 105 Stat. 240; Pub. L. 102-54, § 13(b)(1), (2), June 13, 1991, 105 Stat. 274; Pub. L. 103-160, div. A, title V, § 533(c), title IX, § 923(b), Nov. 30, 1993, 107 Stat. 1658, 1731.)

REFERENCES IN TEXT

Level V of the Executive Schedule, referred to in subsec. (c)(25), is set out in section 5316 of this title. Section 8 of the Contract Disputes Act of 1978, referred to in subsec. (c)(30), is classified to section 607 of Title 41, Public Contracts.

AMENDMENTS

1993-Subsec. (c)(10). Pub. L. 103-160, § 923(b), inserted "(and, in the case of the George C. Marshall European Center for Security Studies, the Director and the Deputy Director)" after “professional military education school".

Pub. L. 103-160, § 533(c), substituted “at the Military Academy, the Naval Academy, and the Air Force Academy whose pay is fixed under sections 4338, 6952,

and 9338, respectively, of title 10" for "at the Naval Academy whose pay is fixed under section 6952 of title 10".

1991-Subsec. (c)(3). Pub. L. 102-54, § 13(b)(2), substituted "Veterans Health Administration of the Department of Veterans Affairs" for "Department of Medicine and Surgery, Veterans' Administration”.

Subsec. (c)(14). Pub. L. 102–54, § 13(b)(1), substituted "Department of Veterans Affairs" for "Veterans' Administration”.

Pub. L. 102–40, § 403(c)(1)(A), substituted "section 7802 of title 38" for "section 4202 of title 38".

Subsec. (c)(16). Pub. L. 102-40, § 403(c)(1)(B), substituted "sections 7405 and 7406" for "section 4114".

1990-Subsec. (a)(1). Pub. L. 101-474 redesignated subpars. (C) to (G) as (B) to (F), respectively, and struck out former subpar. (B) which included Administrative Office of United States Courts within definition of "agency".

Subsec. (c)(5). Pub. L. 101-509, § 529 [title I, § 109(a)(2)], substituted "members" for "and members" after "Protective Service;" and inserted at end "and members of the police forces of the Bureau of Engraving and Printing and the United States Mint whose pay is fixed under section 5378 of this title;".

Subsec. (c)(10). Pub. L. 101-510 struck out "and" before "the Academic Dean" and inserted at end "civilian professors, instructors, and lecturers in the defense acquisition university structure (including the Defense Systems Management College) whose pay is fixed under section 1746(b) of title 10;".

Subsec. (c)(25). Pub. L. 101-509, § 529 [title I, 101(b)(9)(F)], substituted "rate for level V of the Executive Schedule" for "maximum rate for GS-18".

Subsec. (c)(29), (30). Pub. L. 101-509, § 529 [title I, § 104(d)(1)], added pars. (29) and (30).

1989-Subsec. (c)(10). Pub. L. 101-189 inserted "civilian professors, instructors, and lecturers at a professional military education school whose pay is fixed under section 1595, 4021, 7478, or 9021 of title 10;", struck out "the Naval War College and" after "instructors at", and substituted "section 6952" for "sections 6952 and 7478”.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by section 529 [title I, §§ 101(b)(9)(F), 104(d)(1)] of Pub. L. 101-509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101-509, set out as a note under section 5301 of this title.

Amendment by section 529 [title I, § 109(a)(2)] of Pub. L. 101-509 effective on first day of first applicable pay period beginning on or after the 30th day following Nov. 5, 1990, see section 529 [title I, § 109(c)] of Pub. L. 101-509, set out as an Effective Date note under section 5378 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3327, 5101, 5103, 5331, 5342, 5348, 5349, 5361, 5377, 5380, 5391, 5753, 5754, 5755, 7511 of this title; title 20 section 903; title 29 section 218.

§ 5104. Basis for grading positions

The General Schedule, the symbol for which is "GS", is the basic pay schedule for positions to which this chapter applies. The General Schedule is divided into grades of difficulty and responsibility of work, as follows:

[See main edition for text of (1) to (15)] [(16) to (18) Repealed. Pub. L. 101-509, title V, § 529 [title I, § 102(b)(1)], Nov. 5, 1990, 104 Stat. 1427, 1443.]

(As amended Pub. L. 101-509, title V, § 529 [title I, § 102(b)(1)], Nov. 5, 1990, 104 Stat. 1427, 1443.)

AMENDMENTS

1990-Pub. L. 101-509 struck out "18" before "grades" in introductory provisions and struck out pars. (16) to (18) which described grades GS-16 to GS-18.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, 305] of Pub. L. 101-509, set out as a note under section 5301 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7201 of this title; title 10 section 1586; title 20 section 1402; title 25 section 2802.

§ 5107. Classification of positions

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 5111, 5112 of this title; title 12 section 4523; title 36 section 5202. § 5108. Classification of positions above GS-15 (a) The Office of Personnel Management may, for any Executive agency

(1) establish, and from time to time revise, the maximum number of positions which may at any one time be classified above GS-15; and

(2) establish standards and procedures (including requiring agencies, where necessary in the judgment of the Office, to obtain the prior approval of the Office) in accordance with which positions may be classified above GS-15.

(b) The President, rather than the Office, shall exercise the authority under subsection (a) in the case of positions proposed to be placed in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.

(As amended Pub. L. 101-474, § 5(i), Oct. 30, 1990, 104 Stat. 1100; Pub. L. 101-509, title V, § 529 [title I, § 102(b)(2)], Nov. 5, 1990, 104 Stat. 1427, 1443; Pub. L. 102-378, § 2(23), Oct. 2, 1992, 106 Stat. 1348.)

AMENDMENTS

1992-Subsec. (a)(2). Pub. L. 102-378 substituted a period for semicolon at end.

1990-Pub. L. 101-509 amended section generally, substituting provisions relating to classification of positions above GS-15, consisting of subsecs. (a) and (b), for provisions relating to classification of provisions at GS-16, 17, and 18, consisting of subsecs. (a) to (c).

Subsec. (c). Pub. L. 101-474 redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1), which read as follows: "the Director of the Administrative Office of the United States Courts, subject to the standards and procedures prescribed by this chapter, may place a total of 17 positions in GS-16, 17, and 18; and".

EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, 3051 of Pub. L. 101-509, set out as a note under section 5301 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3132, 3304, 3324, 3594, 5109, 5376, 5723 of this title; title 2 section 166; title 15 section 2053; title 20 section 3461; title 22 sections 2193, 2385, 2454; title 25 sections 640d-11, 2641; title 29 sections 661, 1137; title 30 section 1211; title 42 section 7231; title 45 section 231f.

85109. Positions classified by statute

[See main edition for text of (a)]

(b) The position held by the employee appointed under section 7802(b) of the Internal Revenue Code of 1986 shall be considered a position classified above GS-15 pursuant to section 5108.

(As amended Pub. L. 101-509, title V, § 529 [title I, § 101(b)(9)(G)], Nov. 5, 1990, 104 Stat. 1427, 1441.)

AMENDMENTS

1990-Subsec. (b). Pub. L. 101-509 substituted "shall be considered a position classified above GS-15 pursuant to section 5108" for "is classified at GS-18, and is in addition to the number of positions authorized by section 5108(a) of this title".

EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101-509, set out as a note under section 5301 of this title.

CHAPTER 53-PAY RATES AND SYSTEMS
SUBCHAPTER I-PAY COMPARABILITY
SYSTEM

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Pub. L. 102-378, § 2(24), Oct. 2, 1992, 106 Stat. 1348, substituted "repayments" for "repayment" in item 5379 and struck out “Sec." before item 5391.

1990-Pub. L. 101-510, div. A, title XII, § 1206(1)(2), Nov. 5, 1990, 104 Stat. 1663, which added item 5380 "Pay authority for critical positions", was repealed by Pub. L. 102-378, § 8(a), Oct. 2, 1992, 106 Stat. 1359, which provided that this title shall read as if such section 1206(i)(2) had not been enacted.

Pub. L. 101-510, div. A, title XII, § 1206(b)(2), Nov. 5, 1990, 104 Stat. 1661, added item 5379.

Pub. L. 101-509, title V, § 529 [title I, §§ 101(a)(2), 102(a)(2), 103(b), 104(b), 105(a)(2), 109(a)(1)(B), title II, §§ 205(b), 211(b)(2)], Nov. 5, 1990, 104 Stat. 1427, 1439, 1443, 1445, 1446, 1448, 1451, 1457, 1461, struck out items 5301 "Policy", 5303 "Higher minimum rates; Presidential authority", 5304 "Presidential policies and regulations", 5305 "Annual pay reports and adjustments", 5306 "Advisory Committee on Federal Pay", 5307 "Pay fixed by administrative action”, and 5308 "Pay limitation", and added items 5301 to 5307, struck out "; higher rates for supervisors of prevailing rate employees" after "appointments" in item 5333, substituted "Health care positions" for "Scientific and professional positions" in item 5371, and added items 5372a, 5376 to 5378, item for subchapter IX, and items 5391 and 5392.

Pub. L. 101-263, § 1(b), Apr. 4, 1990, 104 Stat. 125, inserted "the" before "National" in item 5375.

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 3372, 5363 of this title; title 10 section 9314; title 15 section 770; title 20 section 3502; title 22 sections 2124c, 2385, 3963, 4606; title 38 sections 7404, 7451; title 42 sections 5872, 7292.

SUBCHAPTER I-PAY COMPARABILITY SYSTEM

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 8340 of this title; title 22 sections 3963, 4606; title 31 section 325; title 42 section 7211; title 50 section 2131.

§ 5301. Policy

It is the policy of Congress that Federal pay fixing for employees under the General Schedule be based on the principles that

(1) there be equal pay for substantially equal work within each local pay area;

(2) within each local pay area, pay distinctions be maintained in keeping with work and performance distinctions;

(3) Federal pay rates be comparable with non-Federal pay rates for the same levels of work within the same local pay area; and

(4) any existing pay disparities between Federal and non-Federal employees should be completely eliminated.

(As amended Pub. L. 101-509, title V, § 529 [title I, § 101(a)(1)], Nov. 5, 1990, 104 Stat. 1427, 1429.)

AMENDMENTS

1990-Pub. L. 101-509 amended section generally. Prior to amendment, section read as follows:

"(a) It is the policy of Congress that Federal pay fixing for employees under statutory pay systems be based on the principles that

"(1) there be equal pay for substantially equal work;

"(2) pay distinctions be maintained in keeping with work and performance distinctions;

“(3) Federal pay rates be comparable with private enterprise pay rates for the same levels of work; and "(4) pay levels for the statutory pay systems be interrelated.

"(b) The pay rates of each statutory pay system shall be fixed and adjusted in accordance with the principles under subsection (a) of this section and the provisions of sections 5305, 5306, and 5308 of this title. "(c) For the purpose of this subchapter, 'statutory pay system' means a pay system under

"(1) subchapter III of this chapter, relating to the General Schedule;

"(2) section 403 of the Foreign Service Act of 1980, relating to the Foreign Service of the United States;

or

"(3) chapter 73 of title 38, relating to the Department of Medicine and Surgery, Veterans' Administration."

EFFECTIVE DATE OF 1990 AMENDMENT

Section 529 [title III, § 305] of Pub. L. 101-509 provided that:

"(a) GENERALLY.-Except as otherwise provided in this Act, this Act and the amendments made by this Act [this Act means section 529 [titles I-III, §§ 1-306] of Pub. L. 101-509, but does not include section 529 [title IV, §§ 401-412] of Pub. L. 101-509, see Short Title of 1990 Amendment; Rules of Construction note below, and see Tables for classification] shall take effect on such date as the President shall determine [see Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, set out below], but not earlier than 90 days, and not later than 180 days, after the date of enactment of this Act [Nov. 5, 1990].

"(b) SPECIAL RULE.-The first calendar year in which comparability payments under section 5304 of title 5, United States Code (as amended by this Act), are paid shall be the calendar year beginning on January 1, 1994."

SHORT TITLE OF 1993 AMENDMENT

Pub. L. 103-89, § 1, Sept. 30, 1993, 107 Stat. 981, provided that: "This Act (amending sections 3372, 4501, 4502, 5302, 5332, 5334 to 5336, 5361 to 5363, 5410, 5948, and 8473 of this title, sections 1602, 1732, and 1733 of Title 10, Armed Forces, and section 731 of Title 31, Money and Finance, repealing sections 4302a and 5401 to 5410 of this title, enacting provisions set out as notes under sections 3372, 5335, 5401, and 5410 of this title, and amending provisions set out as a note under section 5304 of this title] may be cited as the 'Performance Management and Recognition System Termination Act'."

SHORT TITLE OF 1990 AMENDMENT; RULES OF
CONSTRUCTION

Section 529 [§ 1] of Pub. L. 101-509 provided that: "(a) SHORT TITLE.-This section, and the sections immediately following this section through section 412, inclusive [section 529 [§§ 1-412] of Pub. L. 101-509, see Tables for classification], may be cited as the 'Federal Employees Pay Comparability Act of 1990' (hereinafter in this section referred to as 'FEPCA').

"(b) RULES OF CONSTRUCTION.-(1) Except as otherwise expressly provided, any reference (actual or implicit) in FEPCA (outside of this section) to 'this Act' (or to any title, section, or other designated provision of this Act') shall be construed to be a reference to FEPCA (or the corresponding provision within FEPCA).

"(2) Except as otherwise expressly provided, any reference (actual or implicit) in any provision of this Act outside of FEPCA to 'this Act' (or to any title, section, or other designated provision of 'this Act'), and any reference made in any provision of law outside of this Act to the "Treasury, Postal Service and General Government Appropriations Act, 1991' [Pub. L. 101-509] (or to any title, section, or other designated provision of such Act), shall be construed disregarding the provisions of FEPCA."

Section 529 [title III, § 306] of Pub. L. 101-509 provided that: "Notwithstanding section 1(b) [section 529 [§ 1(b)] of Pub. L. 101-509, set out above], a reference in any of the preceding provisions of this title [section 529 [title III, §§ 301-305] of Pub. L. 101-509, enacting section 237 of Title 42, The Public Health and Welfare, amending section 212 of Title 42, and enacting provisions set out as notes under this section, section 5304 of this title, and section 212 of Title 42] to 'this Act' [section 529 of Pub. L. 101-509] (other than a reference in section 301) [section 529 [title III, § 301) of Pub. L. 101-509, set out below] shall not be considered to include any provision of title IV [section 529 [title IV, 88 401-412] of Pub. L. 101-509, enacting sections 4521 to 4523 of this title, amending sections 5541, 5542, 5547, 8335, and 8425 of this title, enacting provisions set out as notes under sections 4521, 5305, 5541, and 8335 of this title, and amending provisions set out as a note under section 5541 of this title]."

PAY-FOR-PERFORMANCE LABOR-MANAGEMENT COMMITTEE Section 529 [title I, § 111] of Pub. L. 101-509 provided that:

"(a) POLICY.-It is the policy of Congress that

"(1) the Federal Government should institute systems for determining pay for its General Schedule employees under which the linkage between their performance and their pay will be strengthened;

"(2) the design of such systems should be developed by the Office of Personnel Management, in conjunction with the Pay-for-Performance LaborManagement Committee;

"(3) the systems should provide flexibility to adapt to the different needs of different agencies and organizational components in the Federal Government; and

"(4) any legislation needed to implement the systems should be enacted in a timely fashion so as to permit implementation of the system by October 1, 1993.

"(b) ESTABLISHMENT.-The Office of Personnel Management shall establish a Pay-for-Performance LaborManagement Committee to advise the Office on the design and establishment of systems for strengthening the linkage between the performance of General Schedule employees and their pay.

"(c) MEMBERSHIP.-The members of the Committee shall be

"(1) a Chairman, who shall be appointed by the Director of the Office of Personnel Management on the basis of the appointee's education, training, and experience as an expert in compensation practices, and after consultation with the Committee on Governmental Affairs of the Senate and the Committee on Post Office and Civil Service of the House of Representatives, respectively;

"(2) an employee of the Office of Personnel Management, designated by the Director of such Office; "(3) an employee of the Department of Defense, designated by the Secretary of Defense;

"(4) 3 individuals, each of whom shall be an employee designated by the head of each of 3 other departments or agencies selected by the Director of the Office of Personnel Management from among departments and agencies having substantial numbers of General Schedule employees; and

“(5) 6 individuals appointed by the Director of the Office of Personnel Management to serve as representatives of employee organizations which represent substantial numbers of General Schedule employees, and who shall be selected with due consideration to such factors as the relative numbers of General Schedule employees represented by the various organizations, except that not more than 3 members of the Committee at any one time shall be from a single employee organization, council, federation, alliance, association, or affiliation of employee organizations.

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"(d) PAY FOR MEMBERS.-The Chairman shall be paid at a rate of basic pay for the Senior Executive Service, to be determined by the Director of the Office of Personnel Management. The members of the Committee who are otherwise employees of the Federal Government shall not receive any additional pay by reason of their service on the Committee. The members of the Committee who are not otherwise employees of the Federal Government shall not be paid for their service on the Committee and shall not be considered employees of the Federal Government for any purpose by reason of their service on the Committee.

"(e) ADMINISTRATIVE SUPPORT.-The Office of Personnel Management may provide staff and administrative support for the Committee.

"(f) FUNCTIONS.-The Committee shall review available reports and studies on performance evaluation and performance-based pay systems (including a report to be prepared by the National Academy of Sciences) and any other pertinent information.

"(g) REPORT TO THE OFFICE OF PERSONNEL MANAGEMENT.-No later than 1 year after the date of enactment of this Act [Nov. 5, 1990], the Committee shall submit a report to the Director of the Office of Personnel Management, which shall include recommendations as to

"(1) the types of pay raises to be covered;

"(2) guidelines for pay-for-performance systems, including the criteria to be used in determining eligibility for and the amount of increases in basic pay above the midpoint of the pay range;

"(3) the role organization performance should play in pay-for-performance systems;

"(4) any differences in pay-for-performance systems for different categories of employees;

"(5) the role for employee organizations in the implementation and operation of pay-for-performance systems; and

"(6) whether demonstration projects on pay-forperformance are desirable."

BUDGET ACT COMPLIANCE

Section 529 [title III, § 301] of Pub. L. 101-509 provided that: "For purposes of the Congressional Budget Act of 1974 [titles I through IX, of Pub. L. 93-344, July 12, 1974, 88 Stat. 297, see Tables for classification], any authority to make payments under this Act or any amendment made by this Act [see Short Title of 1990 Amendment note above] shall be effective only to the extent provided for in advance in appropriation Acts."

PAY RATES FOR CURRENT EMPLOYEES Section 529 [title III, § 303] of Pub. L. 101-509 provided that: "Nothing in this Act or in any amendment made by this Act [see Short Title of 1990 Amendment note above] shall have the effect of diminishing the rate of basic pay payable to any individual employed by the United States on the date of the enactment of this Act [Nov. 5, 1990] to a rate below the rate payable to such individual on such date, so long as that individual continues in such position without a break in service."

Ex. ORD. No. 12748. PROVIDING FOR FEDERAL PAY

ADMINISTRATION

Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, as amended by Ex. Ord. No. 12883, Nov. 29, 1993, 58 F.R. 63281, provided:

By the authority vested in me as President by the Constitution 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 [see Short Title of 1990 Amendment note above], 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 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 5302(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.

(c) The President's Pay Agent, as designated in subsection (a), is hereby authorized and designated to exercise the authorities of the President under section 5304(h) [5 U.S.C. 5304(h)] concerning the extension of locality-based comparability payments to certain categories of positions not otherwise covered.

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 employ

ees.

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 [5 U.S.C. 5527 note], 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 appli

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