Executive Order 11137—Relating to Certain Allowances and Benefits for Civilian Employees of Nonappropriated Fund Instrumentalities of the Armed Forces

By virtue of the authority vested in me by Section 301 of title 3 of the United States Code and by the various provisions of law cited in the body of this order, and as President of the United States, it is ordered as follows:

Part I—Allowances And Differentials In Foreign Areas

Section 101. The term "employee", as denned in Section 111(3) of the Overseas Differentials and Allowances Act (5 U.S.C. 3032(3)), is hereby further defined as including civilian employees, compensated from nonappropriated funds, of the instrumentalities of the United States under the jurisdiction of the armed forces covered by Section 1 of the Act of June 19,1952, ch. 444 (5 U.S.C. 150k).

Sec. 102. The Secretary of each military department with respect to his department, and the Secretary of the Treasury with respect to the Coast Guard when it is not operating as a service in the Navy, are hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the authority vested in the President by Section 203 of the Overseas Differentials and Allowances Act (5 U.S.C. 3035) to prescribe regulations governing payments of allowances and differentials in foreign areas to the extent that the said authority is in respect of employees referred to in Section 101 of this order whose rates of basic compensation from nonappropriated funds are fixed in accordance with regulations prescribed by the Secretary concerned.

Sec. 103. Regulations prescribed under authority delegated by the provisions of Section 102 hereof:

(a) Shall, so far as practicable, be uniform.

(b) In the case of regulations prescribed by the Secretaries of the military departments, shall require the approval of the Secretary of Defense.

(c) Shall not, with respect to any locality, authorize allowances or differentials which exceed those prescribed under Executive Order No. 10903 of January 9, 1961, for other employees of the United States in the same locality.

Sec. 104. Executive Order No. 10903 of January 9, 1961, is hereby modified to the extent of the definition and the delegations of authority contained in Sections 101 and 102 hereof.

Part II—Cost Op Living Allowances In Certain Nonforeign Areas

Sec. 201. The Secretary of Defense with respect to the military departments, and the Secretary of the Treasury with respect to the Coast Guard when it is not operating as a service in the Navy, are hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the authority vested in the President by paragraph (2) of Section 912 of the Internal Revenue Code of 1954, as amended (26 U.S.C. 912(2)), to approve the regulations there contemplated to the extent that the said regulations are in respect of the payment of cost-of-living allowances to employees, compensated from nonappropriated funds, of instrumentalities of the United States under the jurisdiction of the armed forces covered by Section 1 of the Act of June 19, 1952, ch. 444 (5 U.S.C. 150k), who are stationed outside the continental United States or in Alaska.

Sec. 202. Regulations approved under authority delegated by the provisions of Section 201 hereof:

(a) Shall, so far as practicable, be uniform.

(b) Shall not apply to employees who are stationed in either the Canal Zone or in any "foreign area" as defined in Section 111(6) of the Overseas Differentials and Allowances Act (5 U.S.C. 3032(6)).

(c) Shall be limited to employees whose rates of basic compensation are fixed in conformity with rates paid by the Government for work of a comparable level of difficulty and responsibility to employees stationed in the continental United States exclusive of Alaska.

(d) Shall not, with respect to any locality, authorize allowances which exceed those prescribed under Executive Order No. 10000 of September 16, 1948, as amended, for other employees of the United States in the same locality.

Part III—General Provisions

Sec. 301. All actions heretofore taken by the President or his delegate with respect to the matters affected by this order, and in effect at the time of the issuance of this order, including any regulations prescribed or approved by the President or his delegate with respect to such matters, shall, except as they are inconsistent with the provisions of this order, remain in effect until amended, modified, or revoked pursuant to appropriate authority.

Sec. 302. This order, and the regulations prescribed or approved under the authority thereof, shall be published in the Federal Register.

LYNDON B. JOHNSON

The White House,

January 7, 1964.