Executive Order 11639—Providing for Pay Adjustments for Federal Prevailing Rate Systems

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 United States Civil Service Commission (hereinafter referred to as the Commission) under the authority of this order. SEC. 2. (a) The Commission 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 Commission 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 Commission 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 Commission's authority under this order, and (iii) contain such other provisions as the Commission determines to be necessary and appropriate to carry out the purposes of this order. SEC. 4. (a) The Commission 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 Commission, an executive agency or military department is authorized and directed, consistent with law, to furnish the Commission with information which the Commission may require in carrying out its responsibilities under this order. RICHARD NIXON The White House, January 11, 1972