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Executive Order 12438--Review of increases in rates of basic pay for employees of the Veterans' Administration

Source: The provisions of Executive Order 12438 of Aug. 23, 1983, appear at 48 FR 39205, 3 CFR, 1983 Comp., p. 204, unless otherwise noted.

By the authority vested in me as President by the Constitution and laws of the United States of America, including Section 4107(g)(4) of title 38 of the United States Code, in order to establish procedures for review of proposed increases in the rates of basic pay of certain employees of the Veterans' Administration, it is hereby ordered as follows:

Section 1. The Director of the Office of Personnel Management is designated to exercise the authority vested in the President by Section 112 of Public Law 96-330 (94 Stat. 1037) to review and disapprove increases in the rates of basic pay proposed by the Administrator of Veterans' Affairs and to provide the appropriate Committees of the Congress with a written statement of the reasons for any such disapprovals.

Sec. 2. In exercising this authority, the Director of the Office of Personnel Management shall assure that any increases in basic pay proposed by the Administrator of Veterans' Affairs are in the best interest of the Federal government; do not exceed the amounts authorized by Section 112; and are made only to:
(1) Provide pay in an amount competitive with, but not exceeding, the amount of the same type of pay paid to the same category of health-care personnel at non-Federal health-care facilities in the same labor market;
(2) Achieve adequate staffing at particular facilities; or
(3) Recruit personnel with specialized skills, especially those with skills which are especially difficult or demanding.

Sec. 3. The Administrator of Veterans' Affairs shall provide to the Director of the Office of Personnel Management such information as the Director may request in order to carry out the responsibilities delegated by this Order.

Sec. 4. The Director shall provide the Administrator of Veterans' Affairs with a copy of any written statement, provided to the appropriate committees of the Congress, which sets forth the reasons for disapproval of any proposed increase in rates of basic pay under this Order.


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