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$Unique_ID{USH01059} $Pretitle{100} $Title{Presidential Proclamations & Executive Orders Chapter 5E Federal Civilian Personnel} $Subtitle{} $Author{National Archives and Records Administration} $Affiliation{National Archives} $Subject{section order states employees united sec federal pay executive office} $Volume{} $Date{1989} $Log{} Book: Presidential Proclamations & Executive Orders Author: National Archives and Records Administration Affiliation: National Archives Date: 1989 Chapter 5E Federal Civilian Personnel Executive Order 11552 - Providing for details and transfers of Federal employees to international organizations SOURCE: The provisions of Executive Order 11552 of Aug. 24, 1970, appear at 35 FR 13569, 3 CFR, 1966-1970 Comp., p. 954, unless otherwise noted. By virtue of the authority vested in me by section 301 of title 3 and section 3584 of title 5, United States Code, and as President of the United States, it is ordered as follows: SECTION 1. Leadership and coordination. The Secretary of State shall provide leadership and coordination for the effort of the Federal Government to increase and improve its participation in international organizations through transfers and details of well-qualified Federal employees, and shall develop policies, procedures, and programs consistent with this order to advance and encourage such participation. SEC. 2. Federal agency cooperation. Each agency in the executive branch of the Federal Government shall to the maximum extent feasible and with due regard to its manpower requirements assist and encourage details and transfers of employees to international organizations by observing the following policies and procedures: (1) Vacancies in international organizations shall be brought to the notice of well-qualified agency employees whose abilities and levels of responsibility in the Federal service are commensurate with those required to fill such vacancies. (2) Subject to prior approval of his agency, no leave shall be charged an employee who is absent for a maximum of three days for interview for a proposed detail or transfer at the formal request of an international organization or a Federal official; an agency may approve official travel for necessary travel within the United States in connection with such an interview. (3) An agency, upon request of an appropriate authority, shall provide international organizations with detailed assessments of the technical or professional qualifications of individual employees being formally considered for details and transfers to specific positions. (4) Upon return of an employee to his agency, the agency shall give due consideration to the employee's overall qualifications, including those which may have been acquired during his service with the international organization, in determining the position and grade in which he is reemployed. SEC. 3. Delegations. (a) Except as otherwise provided in this order, there is hereby delegated to the Office of Personnel Management the authority vested in the President by sections 3582(b) and 3584 of title 5, United States Code. (b) The following are hereby delegated to the Secretary of State: (1) The authority vested in the President by sections 3343 and 3581 of title 5, United States Code, to determine whether it is in the national interest to extend a detail or transfer of an employee beyond five years. (2) The authority vested in the President by section 3582(b) of title 5, United States Code, to define and specify "pay, allowances, post differential, and other monetary benefits" to be paid by the agency upon reemployment, disability, or death. [Sec. 3 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] SEC. 4. Revocation. Executive Order No. 10804 of February 12, 1959, is hereby revoked. Executive Order 11561 - Delegation of certain authority under title VIII of the Economic Opportunity Act SOURCE: The provisions of Executive Order 11561 of Sept. 25, 1970, appear at 35 FR 14981, 3 CFR, 1966-1970 Comp., p. 970, unless otherwise noted. By virtue of the authority vested in me by section 301 of title 3 of the United States Code, and as President of the United States, the authority conferred upon the President by that portion of section 833(c)(2) of the Economic Opportunity Act of 1964 (42 U.S.C. 2994b(c)(2)) which reads "except as otherwise determined by the President" is hereby delegated as follows: (1) To the Office of Personnel Management to the extent that such authority is with respect to the laws administered by the Office, and (2) to the Secretary of State to the extent that such authority is with respect to the Foreign Service Act of 1980, as amended. [EO 11561 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264; EO 12608 of Sept. 9, 1987, 52 FR 34617, 3 CFR, 1987 Comp., p. 245] Executive Order 11582 - Observance of holidays by Government agencies SOURCE: The provisions of Executive Order 11582 of Feb. 11, 1971, appear at 36 FR 2957, 3 CFR, 1971-1975 Comp., p. 539, unless otherwise noted. By virtue of the authority vested in me as President of the United States, it is hereby ordered as follows: SECTION 1. Except as provided in section 7, this order shall apply to all executive departments, independent agencies, and Government corporations, including their field services. SEC. 2. As used in this order: (a) Holiday means the first day of January, the third Monday of February, the last Monday of May, the fourth day of July, the first Monday of September, the second Monday of October, the fourth Monday of October, 1 the fourth Thursday of November, the twenty fifth day of December, or any other calendar day designated as a holiday by Federal statute or Executive order. (b) Workday means those hours which comprise in sequence the employee's regular daily tour of duty within any 24-hour period, whether falling entirely within one calendar day or not. SEC. 3. (a) Any employee whose basic workweek does not include Sunday and who would ordinarily be excused from work on a holiday falling within his basic workweek shall be excused from work on the next workday of his basic workweek whenever a holiday falls on Sunday. (b) Any employee whose basic workweek includes Sunday and who would ordinarily be excused from work on a holiday falling within his basic workweek shall be excused from work on the next workday of his basic workweek whenever a holiday falls on a day that has been administratively scheduled as his regular weekly nonworkday in lieu of Sunday. SEC. 4. The holiday for a full-time employee for whom the head of a department has established the first 40 hours of duty performed within a period of not more than six days of the administrative workweek as his basic workweek because of the impracticability of prescribing a regular schedule of definite hours of duty for each workday, shall be determined as follows: (a) If a holiday occurs on Sunday, the head of the department shall designate in advance either Sunday or Monday as the employee's holiday and the employee's basic 40-hour tour of duty shall be deemed to include eight hours on the day designated as the employee's holiday. (b) If a holiday occurs on Saturday, the head of the department shall designate in advance either the Saturday or the preceding Friday as the employee's holiday and the employee's basic 40-hour tour of duty shall be deemed to include eight hours on the day designated as the employee's holiday. (c) If a holiday occurs on any other day of the week, that day shall be the employee's holiday, and the employee's basic 40-hour tour of duty shall be deemed to include eight hours on that day. (d) When a holiday is less than a full day, proportionate credit will be given under paragraph (a), (b), or (c) of this section. SEC. 5. Any employee whose workday covers portions of two calendar days and who would, except for this section, ordinarily be excused from work scheduled for the hours of any calendar day on which a holiday falls, shall instead be excused from work on his entire workday which commences on any such calendar day. SEC. 6. In administering the provisions of law relating to pay and leave of absence, the workdays referred to in sections 3, 4, and 5 shall be treated as holidays in lieu of the corresponding calendar holidays. SEC. 7. The provisions of this order shall apply to officers and employees of the Post Office Department and the United States Postal Service (except that sections 3, 4, 5, and 6 shall not apply to the Postal Field Service) until changed by the Postal Service in accordance with the Postal Reorganization Act. SEC. 8. Executive Order No. 10358 of June 9, 1952, entitled Observance of Holidays by Government Agencies, and amendatory Executive Orders No. 11226 of May 27, 1965, and No. 11272 of February 23, 1966, are revoked. SEC. 9. This order is effective as of January 1, 1971. Executive Order 11589 - Delegating to the Office of Personnel Management certain authorities of the President under the Intergovernmental Personnel Act of 1970 and the Federal Civil Defense Act of 1950 SOURCE: The provisions of Executive Order 11589 of Apr. 1, 1971, appear at 36 FR 6343, 3 CFR, 1971-1975 Comp., p. 557, unless otherwise noted. By virtue of the authority vested in me by section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as follows: SECTION 1. The Office of Personnel Management is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the following: (a) The authority of the President under section 3376 of title 5 of the United States Code to prescribe regulations for the administration of subchapter VI, "Assignments to and from States," of Chapter 33 of that title. (b) The authority of the President under section 205(a)(4) of the Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 2286(a)(4)) and as affected by Reorganization Plan No. 1 of 1958 (72 Stat. 1799), relating to the establishment and maintenance of personnel standards on the merit basis. [Title and sec. 1 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] SEC. 2. To the extent that section 1(b) of this order is inconsistent with the provisions of Executive Order No. 10952 of July 20, 1961, as amended, section 1(b) shall control. Executive Order 11639 - Providing for pay adjustments for Federal prevailing rate systems SOURCE: The provisions of Executive Order 11639 of Jan. 11, 1972, appear at 37 FR 521, 3 CFR, 1971-1975 Comp., p. 652, unless otherwise noted. By virtue of the authority vested in me by the Constitution and statutes of the United States, including the Economic Stabilization Act of 1970 (Public Law 91-379, 84 Stat. 799), as amended by the Economic Stabilization Act Amendments of 1971 (Public Law 92-210, 85 Stat. 743), it is hereby ordered as follows: SECTION 1. The head of each executive agency or military department authorized to fix by administrative action the rate of basic pay for a position or employee under subchapter IV of chapter 53 of title 5 of the United States Code, shall fix any such rate in accordance with instructions issued by the Office of Personnel Management (hereinafter referred to as the Office) under the authority of this order. SEC. 2. (a) The Office is hereby authorized and directed to issue to the heads of executive agencies and military departments instructions on the fixing of rates of basic pay for positions and employees covered by section I of this order. (b) In issuing instructions under this order, the Office shall maintain consistency in each pay schedule adjustment with the fiscal and economic policies of the United States, including the policies and pay increase guidelines issued by the Pay Board established under Executive Order No. 11627 of October 15, 1971. No pay schedule adjustment shall exceed such guidelines, except where (i) a tandem relationship exists between a Federal pay schedule for a specialized employee unit and pay increases granted in a specialized activity in the private sector, (ii) the Pay Board has permitted a pay increase for the specialized activity in the private sector which is in excess of the guidelines, and (iii) it is determined that a comparable increase is essential to the continued operation of the Government service concerned. SEC. 3. The instructions issued by the Office under this order may (i) prescribe definitions of the terms used herein, (ii) redelegate to the head of an executive agency or military department any of the Office's authority under this order, and (iii) contain such other provisions as the Office determines to be necessary and appropriate to carry out the purposes of this order. SEC. 4. (a) The Office may, in administering this order, utilize such services of other executive agencies and military departments as may be available and appropriate. (b) On request of the Office, an executive agency or military department is authorized and directed, consistent with law, to furnish the Office with information which the Office may require in carrying out its responsibilities under this order. [EO 11639 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] Executive Order 11721 - Providing for Federal pay administration SOURCE: The provisions of Executive Order 11721 of May 23, 1973, appear at 38 FR 13717, 3 CFR, 1971-1975 Comp., p. 770, unless otherwise noted. By virtue of the authority vested in me by sections 5303, 5304, and 5305 of title 5, United States Code, and as President of the United States, it is hereby ordered as follows: Part I - General Policy SECTION 101. Heads of agencies are directed: (a) To make full use of the authorities in chapter 53 of title 5, United States Code, and the statutory pay systems to which section 5301 of that chapter refers to secure and maintain the high quality of Federal personnel necessary for an effective and efficient Government service; (b) To use these authorities to (1) motivate employees to perform continuously at their full capacity, and (2) provide fair treatment in pay matters of all employees subject to the statutory pay systems; and (c) To take appropriate measures to ensure that the Government receives full value for its expenditures for salaries and that every employee is paid no more than is warranted by the nature of his assignments and the degree of competence with which he performs them. SEC. 102. As used in this order, the term "agency" has the meaning given to it by section 5102(a) of title 5, United States Code. Part II - Annual Pay Review SEC. 201. 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 to serve jointly as the President's agent under section 5305 of title 5, United States Code, and shall be known in this capacity as the President's Pay Agent. [Sec. 201 amended by EO 12004 of July 20, 1977, 42 FR 37527, 3 CFR, 1977 Comp., p. 138; EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] SEC. 202. The head of each agency employing personnel under the statutory pay systems (as defined in section 5301(c) of title 5, United States Code) shall provide such information and technical assistance with respect to the statutory pay systems applicable to his agency as may be requested by the President's agent in carrying out the provisions of section 5305 of title 5, United States Code. SEC. 203. The following agencies are designated under section 5305(q) of title 5, United States Code, to prescribe the rules necessary to convert the rates of basic pay or salaries of officers and employees to the new pay rates as adjusted for each statutory pay system under section 5305 of title 5, United States Code: (i) General Schedule - the Office of Personnel Management; (ii) Foreign Service schedules - the Department of State; (iii) Schedules for the Department of Medicine and Surgery of the Veterans Administration - the Veterans Administration. [Sec. 203 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] SEC. 204. (a) The Advisory Committee on Federal Pay shall advise the President of its own opinion on any unresolved issues referred to it by the President's Pay Agent or the Federal Employees Pay Council. The Advisory Committee shall inform the President's Pay Agent and the Federal Employees Pay Council of its opinion on such issues as soon as practicable. To facilitate the exercise of this authority and the early resolution of such issues, the Advisory Committee shall attend, or be represented at, meetings between the President's Pay Agent and the Federal Employees Pay Council, and moderate and direct the discussion. (b) The President's Pay Agent, in its annual report to the President pursuant to section 5305 of title 5, United States Code, shall include a full discussion of each issue upon which the Advisory Committee has submitted, in accordance with subsection (a), an opinion. [Sec. 204 added by EO 12004 of July 20, 1977, 42 FR 37527, 3 CFR, 1977 Comp., p. 138] Part III - Special Rates for Recruitment and Retention SEC. 301 (a). The Office of Personnel Management is hereby designated to exercise - (1) the authority of the President under section 5303(a) and (b) of title 5, United States Code, to establish or revise higher minimum rates of pay, and (2) the authority of the President under section 5303(d) of title 5, United States Code, to prescribe conversion rules for adjusting an employee's pay. (b) Before exercising these functions for positions compensated under the Foreign Service schedules or under the schedules for physicians, dentists, and nurses in the Department of Medicine and Surgery of the Veterans Administration, the Office of Personnel Management shall consult with the head of the agency concerned. [Sec. 301 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] SEC. 302. (a) Before establishing higher rates of pay under section 5303(a) of title 5, United States Code, the Office of Personnel Management shall consider whether - (1) an adequate recruiting program has been implemented and that attention has been given to the improvement of working conditions and to other relevant factors; and (2) adequate recruitment or retention cannot be achieved by alternate means such as job redesign or skills improvement training programs. (b) The Office of Personnel Management may not establish higher rates for all positions in a statutory grade or level in a given area unless the Office determines that adequate recruitment and retention cannot be achieved by establishment of higher rates for certain occupations or groups of occupations. [Sec. 302 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] SEC. 303. The Office of Personnel Management shall review, at least annually, higher rates of pay established under section 5303(a) of title 5, United States Code, and shall continue, abolish, or revise the higher rates in consideration of the facts and pertinent criteria under the law and this order. [Sec. 303 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] SEC. 304. An employee's basic pay rate may not be reduced solely because of a revision to, or cancellation of, the higher rates established under section 5303(a) of title 5, United States Code. Part IV - General Schedule System SEC. 401. (a) Heads of agencies shall ensure that agency managers and supervisors at all levels use the position classification plan of the General Schedule system as a tool for effective and efficient human resources utilization. (b) The Office of Personnel Management shall revoke the position classification authority of an agency under the General Schedule whenever the Office finds, in connection with its regular evaluation, or otherwise, that an agency has failed to classify its positions in accordance with or consistently with applicable standards. [Sec. 401 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] SEC. 402. The Office of Personnel Management shall issue such regulations and standards as may be necessary to ensure that only those employees whose work is of an acceptable level of competence receive periodic step-increases under the provisions of section 5335 of title 5, United States Code. [Sec. 402 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] SEC. 403. (a) The Office of Personnel Management shall require each agency employing personnel under the General Schedule to establish a plan for granting additional step-increases in recognition of high quality performance under section 5336 of title 5, United States Code, and shall require that the plans (1) be as simple as practicable, (2) provide for delegation of authority to an appropriate management level, (3) seek to ensure fairness to all employees, and (4) provide for informing employees, at least annually, of the number of additional step-increases granted in their agencies. (b) The Office of Personnel Management shall (1) establish such regulations and standards as it deems appropriate for agency plans, (2) aid and advise agencies in the formulation and administration of the plans, and (3) evaluate the plans and their operation to ensure that step-increases are granted in a manner that is fair to employees and provides motivation for high quality performance. [Sec. 403 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] SEC. 404. The Office of Personnel Management, in prescribing regulations for higher rates of pay under section 5333(b) of title 5, United States Code, for employees having responsibility for supervision of prevailing-rate employees, shall give effect to the following: (a) An irregular prevailing rate (such as the saved rate of a prevailing-rate employee not related to his current position) shall not serve to advance the pay rate of a supervisor under the General Schedule. (b) The relative rate-range of a General Schedule supervisor and a prevailing-rate employee supervised by him shall be considered as well as the specific rate either is receiving at a given time. (c) Due consideration shall be given to equities among General Schedule supervisors as well as those between a General Schedule supervisor and a prevailing-rate employee supervised by him. [Sec. 404 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] Part V - Prior Order Superseded SEC. 501. Executive Order 11073 of January 2, 1963, and Executive Order 11173 of August 20, 1964, are hereby superseded. Executive Order 11744 - Cost of living allowance provided to employees of the Joint Federal-State Land Use Planning Commission for Alaska SOURCE: The provisions of Executive Order 11744 of Oct. 24, 1973, appear at 38 FR 29563, 3 CFR, 1971-1975 Comp., p. 816, unless otherwise noted. The Joint Federal-State Land Use Planning Commission for Alaska (hereinafter referred to as "the Commission") was established in the Alaska Native Claims Settlement Act of December 18, 1971 (Public Law 92-203, 85 Stat. 688 which is hereinafter referred to as "the Act") to render advice to the Federal Government and the government of the State of Alaska with respect to the planning, ownership, use, and management of lands located in the State of Alaska. Section 17(a)(5) of the Act provides that Commission employees may be hired without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates and gives the Federal and State co-chairmen the authority "to appoint and fix the compensation of such staff personnel as they deem necessary." Pursuant to this authority, Jack O. Horton, then Federal Co-Chairman, and Governor William A. Egan, State Co-Chairman, agreed prior to the hiring of the first Commission employee that all such employees should be compensated in accordance with the pay scale for General Schedule Federal employees and should receive a cost-of-living allowance (hereinafter referred to as "COLA") identical to that provided other General Schedule employees serving in Alaska, said agreement being formalized in a regulation initially released on October 24, 1972, and subsequently amended to read as follows: 4.4 Compensation of Staff (a) Employees of the Commission shall be paid at a GS rate of salary determined for their respective positions by the co-chairmen and/or Director; and shall be entitled to receive a twenty-five (25%) percent living cost differential in addition to the base rate of salary which shall be accounted for separately from the base salary. (b) Employees of the Commission shall also be entitled to obtain and receive all insurance, leave, retirement, and other benefits available to Federal employees in Alaska." With respect to the Federal taxation of this allowance, 26 U.S.C. Section 912 provides in relevant part: The following items shall not be included in gross income, and shall be exempt from taxation under this subtitle: (2) Cost of living allowances. In the case of civilian officers or employees of the Government of the United States stationed outside the continental United States (other than Alaska), amounts (other than amounts received under title II of the Overseas Differentials and Allowances Act) received as cost-of-living allowances in accordance with regulations approved by the President. In an opinion dated April 27, 1973, the Internal Revenue Service held that employees hired by the Commission are Federal employees within the meaning of 26 U.S.C. Section 912(2) but concluded for the reasons set out below that the COLA provided to them pursuant to Commission Regulation 4.4 is subject to Federal taxation. NOW, THEREFORE, by virtue of the authority vested in me by 26 U.S.C. Section 912(2) and for the reasons set out below, I hereby approve Commission Regulation 4.4 subject to the qualifications and limitations provided in the next two sentences. Said approval shall be retroactive to the date when the first Commission employee was hired, shall apply only to the COLA paid Commission employees actually serving in Alaska, and shall remain in effect as long as: (a) the pay scale for Commission personnel corresponds exactly to that applicable to General Schedule Federal employees; (b) that portion of Regulation 4.4 which deals with the payment of COLA remains effective in substantially its present form; and (c) COLA is provided pursuant to Executive Order No. 10000 of September 16, 1948, entitled "Regulations Governing Additional Compensation and Credit Granted Certain Employees of the Federal Government Serving Outside the United States," to General Schedule Federal employees serving in Alaska. Except where expressly inconsistent with this order, the requirements of Executive Order No. 10000 shall govern the payment of COLA granted to Commission employees. This order is based on the following findings and conclusions: 1. Pursuant to Executive Order No. 10000, the Office of Personnel Management has been delegated the authority granted to the President in 5 U.S.C. Section 5941 to designate areas outside the contiguous forty-eight states where certain Federal employees are entitled to receive COLA to compensate them, among other things, for living costs which are substantially higher than those in the District of Columbia. In accordance with this authority, the Office has designated Alaska as a location where General Schedule employees are to be paid a 25 percent COLA. Under 26 U.S.C. Section 912(2), this allowance is exempt from Federal taxation. [Para. 1 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] 2. Pursuant to the authority granted in Section 17(a)(5) of the Act, the Office, with the approval of the co-chairmen, has promulgated a valid regulation authorizing the provision of the same COLA to Commission employees serving in Alaska that is paid to General Schedule employees serving there. [Para. 2 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] 3. The Bureau of Land Management of the United States Department of the Interior, which provides administrative support to the Commission, accounts for the COLA paid to Commission employees in accordance with Government practices customarily utilized in Alaska for such purposes. 4. The Office, with the approval of the co-chairmen, has agreed upon a pay scale for compensating staff personnel which corresponds exactly to that enacted by Congress for compensating General Schedule Federal employees. [Para. 4 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] 5. Since the appointment and compensation of Commission employees are expressly exempted from the Civil Service laws by Section 17(a)(5) of the Act, the COLA provided to such personnel is not subject to the approval of the Office of Personnel Management under Executive Order No. 10000, which, in accordance with 5 U.S.C. Section 5941, applies only to employees whose rates of basic pay are fixed by statutes. For this reason, the Internal Revenue Service has ruled that such COLA is subject to Federal income taxation as not having been paid in accordance with regulations approved by the President as required by 26 U.S.C. Section 912(2). [Para. 5 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] 6. The underlying reasons for granting a COLA to General Schedule employees serving in Alaska and elsewhere and for exempting said COLA from Federal income taxation apply equally to the COLA provided to Commission employees. (In fact, because Section 17(a)(4)(B) of the Act expressly provides that the Federal co-chairman shall be compensated at a rate not to exceed that fixed for level V executive employees, the COLA paid to him is exempt from Federal taxation under 26 U.S.C. Section 912(2).) These reasons include the high cost of living in Alaska, the need to attract qualified employees to the Federal service, and the fact that, with certain exceptions not relevant here, Commission employees have the same obligations and responsibilities and receive the same benefits as General Schedule employees. 7. There is nothing in 5 U.S.C. Section 5941, 26 U.S.C. Section 912, the relevant legislative history, or any other source to indicate that Congress, in enacting these provisions, intended to deny a Federal tax exemption for the COLA of workers who occupy the status and have the employment characteristics which pertain to Commission personnel. 8. If this Executive order is not issued, a significant inequity will result in that taxpayers who are similarly situated in all relevant respects will be treated differently under the Federal laws respecting income taxation. 9. Given the unique circumstances of this case, including the discretion granted to the Federal and State co-chairmen of the Commission to fix employees' salaries without reference to the Civil Service laws relating to the appointment and compensation of personnel and the physical situs of the Commission in a locale where COLA is authorized for General Schedule employees, it is most unlikely that this order will set a precedent which transcends the facts which are operative here or will jeopardize the tax gathering efforts of the Internal Revenue Service. Executive Order 11817 - Designating the Office of Personnel Management as the agent to concur with agency determinations fixing the age limits within which original appointments may be made with respect to law enforcement officer and firefighter positions SOURCE: The provisions of Executive Order 11817 of Nov. 5, 1974, appear at 39 FR 39427, 3 CFR, 1971-1975 Comp., p. 923, unless otherwise noted. By virtue of the authority vested in me by section 3307(d) of title 5 of the United States Code, as added by the first section of the Act of July 12, 1974 (Public Law 93-350; 88 Stat. 355), I hereby designate the Office of Personnel Management as the agency to concur with determinations made by agencies to fix the minimum and maximum limits of age within which an original appointment may be made to a position as a law enforcement officer or firefighter, as defined by section 8331(20) and (21), respectively, of title 5 of the United States Code. The designation made by this order shall be effective as of October 15, 1974. [EO 11817 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] Executive Order 11895 - Delegating authority of the President to designate individuals appointed by the President to receive training SOURCE: The provisions of Executive Order 11895 of Jan. 6, 1976, appear at 41 FR 1465, 3 CFR, 1976 Comp., p. 81, unless otherwise noted. By virtue of the authority vested in me by Section 301 of Title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows: SECTION 1. Except as provided in Section 2 of this Order, the Office of Personnel Management is hereby designated and empowered to exercise the authority vested in the President by Section 4102(a)(2)(B) of Title 5, United States Code, to designate individuals appointed by the President for training under Chapter 41 of Title 5, United States Code. [Sec. 1 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] SEC. 2. The Attorney General is hereby designated and empowered to exercise the authority vested in the President by Section 4102(a)(2)(B) to designate individuals appointed by the President as United States Attorneys and United States Marshals for training under Chapter 41 of Title 5, United States Code. SEC. 3. Executive Order No. 11531 of May 26, 1970, is hereby superseded. Executive Order 11899 - Providing for the protection of certain civil service employment rights of Federal personnel who leave Federal employment to be employed by tribal organizations pursuant to the Indian Self-Determination and Education Assistance Act SOURCE: The provisions of Executive Order 11899 of Jan. 22, 1976, appear at 41 FR 3459, 3 CFR, 1976 Comp., p. 85, unless otherwise noted. By virtue of the authority vested in me by section 105(i) of the Indian Self-Determination and Education Assistance Act (88 Stat. 2210, 25 U.S.C. 450 i), section 3301 of title 5 of the United States Code, section 301 of title 3 of the United States Code, and as President of the United States of America, it is hereby ordered as follows: [Preamble amended by EO 12608 of Sept. 9, 1987, 52 FR 34617, 3 CFR, 1987 Comp., p. 245] SECTION 1. The Office of Personnel Management is hereby designated and empowered to exercise, without approval, ratification, or other action by the President, but after consultation with the Department of the Interior and the Department of Health and Human Services, the authority vested in the President by Section 105(i) of the Indian Self-Determination and Education Assistance Act (hereinafter referred to as the Act), to issue regulations necessary to carry out the provisions of subsections (e)(2), (e)(3), (e)(4), (f), (g) and (h) of section 105 of the act, to carry out the provisions of subsection (e)(1) of section 105 of the act to the extent subsection (e)(1) pertains to section 8151 of title 5 of the United States Code, and to protect and assure any other civil service employment rights which it finds appropriate. [Sec. 1 amended by EO 12107 of Dec. 28, 1978, 41 FR 1055, 3 CFR, 1978 Comp., p. 264; EO 12608 of Sept. 9, 1987, 52 FR 34617, 3 CFR, 1987 Comp., p. 245] SEC. 2. The Office of Personnel Management shall, after consultation with the Department of the Interior and the Department of Health and Human Services, issue regulations, as it deems appropriate, providing for the establishment, granting, and exercise of reemployment rights for employees who leave Federal employment for employment by an Indian tribal organization under provisions of the act. [Sec. 2 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264; E0 12608 of Sept. 9, 1987, 52 FR 34617, 3 CFR, 1987 Comp., p. 245] SEC. 3. The Secretary of Labor is hereby designated and empowered to exercise, without approval, ratification, or other action by the President, the authority vested in the President by section 105(i) of the act to issue regulations necessary to carry out the provisions of section 105(e)(1) of the act, except as provided in section 1 of this order.