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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 1 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 Board1 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 Executive Order 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264]


1 Editorial note: Abolished by Executive Order 11695 of Jan. 11, 1973, 38 FR 1473, 3 CFR, 1971-1975 Comp., p. 741.


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