FEDERAL PAY LEGISLATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP72-00337R000400070003-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 23
• Document Creation Date: December 19, 2016
• Document Release Date: April 14, 2005
• Sequence Number: 3
• Publication Date: December 9, 1970
• Content Type: REPORT

Approved For Release 2006/01/31 : CIA-RDP72-9QAL=7AQ=f t
011 COPY
91ST CONGRESS t HOUSE OF REPRESENTATIVES ( REPORT'
2d Session J No. 91-1685
FEDERAL PAY LEGISLATION
DECEMBI1R 9, 1970.-Ordered to be printed
Mr. DULSKI, from the committee of conference,
submitted the following
CONFERENCE REPORT
[To accompany H.R. 13000]
The committee of conference on the disagreeing votes of the two
Houses on the amendments of the Senate to the bill (H.R. 13000) to
implement the Federal employee pay comparability system, to
establish a Federal Employee Salary Commission and a Board of
Arbitration, and for other purposes, having met, after full and free
conference, have agreed to recommend and do recommend to their
respective Houses as follows:
That the House recede from its disagreement to the amendment
of the Senate to the text of the bill and agree to the same with an
amendment as follows:
In lieu of the -natter proposed to be inserted by the Senate amend-
merit insert the following:
SHORT TITLE
SECTION 1. This Act may be cited as the "Federal Pay Comparability
Act of 1970".
RESTATEMENT OF CONGRESSIONAL POLICY ON FEDERAL PAY
COMPARABILITY
SEC. 2. (a) Section 5301 of title 5, United States Code, is amended to
read as follows:
5301. Policy
"(a) It is the policy of Congress that Federal pay fixing for employees
under statutory pay systems be based on the principles that-
"(1) there be equal pay for substantially equal work;
"(2) pay distinctions be maintained in keeping with work and
performance distinctions;
Approved For Release 2006/01/31 : CIA-RDP72-00337R000400070003-5
 11
j--1 }x ~ ~~ - A~ipror use 2006/01% ~ :CIA-RDP72-003378000400070003-5
qN'~ z 3111
"(3) Federal pay rates be comparable with private enterprise pay
rates for the same levels of work; ant/
"(4) pay levels for the statutory pay systems be interrelated.
"(h) The pay rates of each statutory ~tray system shall be fixed and ad-
justed in. accordance with the principles under subsection (a) of this
section and the provisions of sections 5305, 5806, and 5308 of this title,
"(c) For the purpose of this subchapter, `statutory pay system' means
a pay system ,ruder---
"(1) subchapter III of this chapter, relating to the General
Schedule:
"(2) subchapter 117 of chapter 14 uJ title 22, relating to the Foreign
Service of the United States; or
"(3) chapter 73 of title 38. relating to the Department of Medicine
and Surgery Veterans' :).dministra(ton. ".
(b)(1) Section 5502 of title 5, United States Code, is repealed.
(2) The table of sections of subchapter I of chapter 53 of title 5, l_'rtited
States Code, is amended by striking out:
"5302. Annual reports on pay comparability.".
A' j`UAL PAY REPORTS AND AI)JCST3tE TS; ADVISORY C'OM11ITTEE
ON FEDERAL PAY; REL.JTED PROVISIONS
NEC. .3. (a) Subchapter I of chapter .53 of title 5, United States Code,
ix amended by adding at the end thereof the following:
" 5305. Annual pay reports and adjustments
"(a) In. order to carry out the policy stated in section 5301 of this title,
the President shall--
"(1) direct such agent as lie considers appropriate to prepare and
subunit to him annually, after considering such views and recom-
mereclations as may be salmi led under the provisions of subsection (b)
of this section, a report that-
`(A) compares the rates of pay of the statutory pay systems
with the rates of pay, for the same levels of work in private enter-
prise as determined on the basis of appropriate annual surveys
Mat shall be conducted by the Bureau of Labor Statistics:
"(B) makes recommendations for appropriate adjustments
in rates of pay: and
"(C) includes the views and recommendations submitted under
the provisions of subsection (b) o this section;
"(2) after considering the report o his agent and the findings and
recornntenulations of flee Advisory Gmnmitlee on Federal Pay reported
to him under section 5300(b)(3) of this title, adjust the rates of pay
of each statutory pall system in accordance with the principles under
section 5301(a) of this title, effective as of the beginning of the first
applicable pay period commencing on or after October 1 of the
applicable Year; and
"(3) transmit to Congress a report of the ,ay adjustment, together
csadings
with a copy of the report subnriittet to him by j~ gent and the fin
and recommendations of the Adv;spry Committee on Federal Pay
reported to him under section 5306(b)(3) of this title. this
"(b) In carrying out its functions under subsection (a)(1) of
section, the President's agent shall--
Approved For Release 2006/01/31 : CIA-RDP72-00337R000400070003-5
 Approved For Release 2006/01/31 : ~IA-RDP72-00337R000400070003-5
"(1) establish a Federal Employees Pay Council of 5 members
who shall not be deemed to be employees of the Government of the
United States by reason of appointment to the Council and shall not
receive pay by reason of service as members of the Council, who shall
be representatives of employee organizations which represent substan-
tial numbers of employees under the statutory pay systems, and who
shall be selected with due consideration to such factors as the relative
numbers of employees represented by the various organizations, but
no more than 3 members of the Council at any one time shall be
from a single employee organization, council, federation, alliance,
association, or affiliation of employee organizations;
"(2) provide for meetings with the Federal Em loyees Pay Council
and give thorough consideration to the views and-recommendations of
the Council and the individual views and recommendations, if any,
of the members of the Council regarding-
"(A) the coverage of the annual survey conducted by the Bureau
of Labor Statistics under subsection (a) (1) of this section (in-
cluding, but not limited to, the occupations, establishment sizes,
industries, and geographical areas to be surveyed);
"(B) the process of comparing the rates of pay of the statutory
pay systems with rates of pay for the same levels of work in
private enterprise; and
"(C) the adjustments in the rates of pay of the statutory pay
systems that should be made to achieve comparability between
those rates and the rates of pay for the same levels of work in
private enterprise;
"(3) give thorough consideration to the views and recommendations
of employee organizations not represented on the Federal Employees
Pay Council regarding the subjects in paragraph (2) (A)-(C) of this
subsection; and
"(4) include in its report to the President the views and recom-
mendations submitted as provided in this subsection by the Federal
Employees Pay Council, by any member of that Council, and by
employee organizations not represented on that Council.
"(c) (1) If, because of national emergency or economic conditions
affecting the general welfare, the President should, in any year, consider
it inappropriate to make the pay adjustment required by subsection (a)
of this section, he shall prepare and transmit to Congress before September
1 of that year such alternative plan with respect to a pay adjustment as he
considers appropriate, together with the reasons therefor, in lieu of the
pay adjustments required by subsection (a) of this section.
"(2) An alternative plan transmitted by the President under paragraph
(1) of this subsection becomes effective on the first day of the first applicable
pay period commencing on or after October 1 of the applicable year and
continues in effect unless, before the end of the first period of 30 calendar
days of continuous session of Congress after the date on which the al-
ternative plan is transmitted, either House adopts a resolution disapproving
the alternative plan so recommended and submitted, in which case the pay
adjustments for the statutory pay systems shall be made effective as.pro
vided by subsection (m) of this section. The continuity of a session is
broken only by an adjournment of the Congress sine die, and the days on
which either House is not in session because of an adjournment of more
than 8 days to a day certain are excluded in the computation of the 30-day
period.
Approved For Release 2006/01/31 : CIA-RDP72-00337R000400070003-5
 Approved For Release 2006/01/31 : CIA-RDP72-00337R000400070003-5
4
"(d) Subsections (e)-(k) of this section are enacted by Congress -
"(1) as an exercise of the rulemaking power of the Senate acid the
House of Representatives, respectively, and as such they are deemed
a part of the rules of each House, respectively, but applicable only
with respect to the procedure to be followed in the House in the case
of resolutions described by this section; and they supersede other
rules only to the extent that they are inconsistent therewith; and
"(2) with full recognition of the constitutional right of either
Iloitse to change the rules (so far as relating to the procedure of that
House) at any time, in the same manner, and to the same extent as
in the case of any other rule of that lb use.
"(e) If the committee, to which has been referred a resolution disap-
proving the alternative plan of the President, has not reported the resolu-
tion at the end of 10 calendar clays after its introduction, it is in order to
move either to discharge the committee from further consideration of the
resolution or to discharge the committee from further consideration of any
other resolution with respect to the same plan which has been referred to
the committee.
"(f) A motion to discharge may be made only by an individ-ual favoring
the resolution, is highly privileged (except that it may not be made after
the committee has reported a resolution with respect to the same r(corrt-
rmendation.), and debate thereon is limited to not more than 1 hour, to be
divided equally between those favoring and these opposing the resolution.
An amendment to the motion is not in order, and it its not in order to
move to reconsider the vote by which the motion is agreed to or disagreed to.
"(g) If the motion to discharge is agreed to, or disagreed to, the motion
may not be renewed, nor may another motion to discharge the committee be
made with respect to any other resolution with respect to the same alterna-
tive plan.
"(h) ii'hen the committee has reported, or has been discharged frvrn
further consideration of, a resolution with respect to an alternative plan,
it is at any time thereafter in order (even though a previinrs motion to the
same effect has been disagreed to) to more to proceed to the consideration
of the resolution. The motion is highly privileged and is not debatable.
An amendment to the motion is not in order, and it is not in order to move
to reconsider the rote by which the motion is agreed to or disagreed to.
"(i) Debate on the resolution is limited to not more than 2 hours, to be
divided equally between those.favoring and those opposing the resolution. .4
motion further to limit debate is not debatable. An amendment to, or motion
to recommit, the resolution is not in order, and it is not rrc order to move to
reconsider the vote by which the resolution is agreed to or disagreed to.
"(j) Motions to postpone, made with respect to the discharge from com-
mittee, or the consideration of, a resolution with respect to an alternative
plan, and motion, to proceed to the consideration of other business, are
decided without debate.
"(k) Appeals from the decisions of the Chair relating to the application
(If the rules of the Senate or the House of Representatives, as the case may
be, to the procedure relating to a resolution with respect to an alt?rnatii'e
plan are decided without debate.
"(1) The rates of pay which become effective under this section are the
rates of pay applicable to each position concerned, and each class of
positions concerned, under a statutory pay system.
Approved For Release 2006/01/31 : CIA-RDP72-00337R000400070003-5
 Approved For Release 2006/01/31 : clA-RDP72-00337R000400070003-5
"(m) If either House adopts a resolution disapproving an alternative
plan submitted under subsection (c) of this section, the President shall
take the action required by paragraphs (2) and (3) of subsection (a) of this
section and adjust the rates of pay of the statutory pay systems effective
as of the beginning of the first applicable pay period commencing on or
after the date on which the resolution is adopted, or on or after October 1,
whichever is later:
"(n) The rates of pay that take effect under this section shall modify,
supersede, or render inapplicable, as the case may be, to the extent in-
consistent therewith-
"(1) all provisions of law enacted prior to the effective date or
dates of all or part (as the case may be) of the increases; and
"(2) any prior recommendations or adjustments which took effect
under this section or prior provisions of law.
"(o) The rates of pay that take effect under this section shall be printed
in the. Federal Register and the Code of Federal Regulations.
"(p) An increase in rates of pay that takes effect under this section is
not an equivalent increase in pay within the meaning of section 5335 of
this title.
"(q) Any rate of pay under this section shall be initially adjusted,
effective on the effective date of the rate of pay, under conversion rules
prescribed by the President or by such agencies as the President may
designate.
"(r) This section does not impair any authority pursuant to which
rates of pay may be fixed by administrative action.
5306. Advisory Committee on Federal Pay
"(a) There is established as an independent establishment an Advisory
Committee on Federal Pay, to be composed of 3 members, not otherwise
employed in the Government of the United States, appointed by the Presi-
dent. The Director of the Federal Mediation and Conciliation Service shall,
and other interested parties may, recommend to the President for his con-
sideration persons generally recognized for their impartiality, knowledge,
and experience in the field of labor relations and pay policy to serve as
members. The President shall designate one of the members as Chairman.
Each appointment shall be for a term of 6 years, except that one of the
original members shall be appointed for a term of 2 years, and another for
a term of l years. A member appointed to fill a vacancy occurring before
the end of the term of his predecessor shall serve for the remainder of that
term. When the term of a member ends, he may continue to serve until his
successor is appointed.
"(b) To assist the President in carrying out the policy under section
5301 of this title, the Committee shall-
"(1) review the annual report of the President's agent;
"(2) consider such further views and recommendations with re-
spect to the analysis and pay proposals contained in the- annual
report of the President's agent as may be presented to it in writing
by employee organizations, the President's agent, other officials of the
Government of the United States, and such experts as it may consult;
and
"(3) report its findings and recommendations to the President.
"(c) The Committee may secure from any Executive agency or military
department information, suggestions, estimates, statistics, and technical
Approved For Release 2006/01/31 : CIA-RDP72-00337R000400070003-5
 Approved For Release 2006/01/31 : CIA-RDP72-00337R000400070003-5
C
assistaitee for the purpose of carrying out its fre.nctions. Eicti such 'x!c+t-
tire agency or inilit2ry department shall furrtt.sh the inforr1t2tiorr, .suyges-
tiuns, estimates, statistics, and technical aesistance directly to the (';,rn-
inittee on request of i/v ('ommiltee.
"(d) On request of the ('orrmnitter the head of any Executive agency or
rnililzry d-pzr?tm-nf rni'i d-tai', oz a re,ntiurszhie bzsts, any of its
personnel to assist the CCnrnrnittee in czrrying out it.Y functions.
"(e) The Administrator of General Services shall provide alm,.n istrattve
support services for the C'ontmiltee on a reimbursable basis.
.:( f) The Cuminiffee may obtain services of experts or consultants in
accordance with sectirm 3109 of this title but at rates for individual., not
to exceed that of the, highest rate of basic pay then currently being paid
under the General Schedule of subchapter Ill of this chapter.
"(g) Each member of the Committee is entitled to pay at the daily
equivalent of the annual rate of basic pay of level 11' of the Executive
Schedule for each day he is engaged on work of the C'oinmittee, and is
entitled to travel exp~enses, -including a per diem allowance, in accordance
with section 5703(b) of this title.
"(h) The Committee may appoint and fix the pay of such personnel
as may be necessary to carry out ?rts functions.
" 5307. Pay fixed by administrative action
"(a) Nofwvithstanding section 666 of title 31-
"(1) the rates of pay of----
`(A) employees in the le-,islatire, executive, and judicial
branclus of the Government of the United States (except em-
ployees whose pay is disbursed by the Secretary of the Senate
or the Clerk of the House of i epresentalives) and of the govern-
ment of the District of Columbia, whose rates of pay are fixed
bet administrative act=ion. tinder law and are not otherwise
adjusted under this subchapter;
"(13) employees under the Architect of the Capitol, whose
rates of pay are fixed under section 166b 3 of title 4,0, and the
Su.perinterulent of Garages, house office butildiiiys; and
"(C) persons employed by the county committees established
under sect ienc 590h(b) of title 16; and
?'(z) any minimum or maximum rate of pay (other than a max;-
1101M rate equal to or greater than the maximum rate then currently
being paid under the General Schedule as a result of the pay adjust-
rnent by the President), and any monetary limitation on or monetary
allowance for pay, applicable to employees described in subpara-
graphs (A). (13), and (C) of paragraph (1) of this subsection-;
may be adjusted, by the appropriate authority concerned, efleetive at the
beginning of the first applicable pay period commencing on or after the
clay on which a pay adjustment becomes effective tinder section 5305 of
this title, by whriclterer of the following methods the, appropriate authority
concerned considers appropriate-
"(i) by an amount or amounts not in excess of the, pay adj}rstment
provided under section 5305 of this title for corresponding rates of
pay in the appropriate schedule or scale of pay;
"(ii) if there are no corresponding rates of pay, by an amount or
amounts equal or eqquivalent, insofar as practicable and with such
exceptions aril modifxcatioras as may be necessary to provide for
appropriate pay relationships between positions. to the amount of
the pay adjustment provided under section 5305 of this title; or
Approved For Release 2006/01/31 : CIA-RDP72-00337R000400070003-5
 Approved For Release 2006/01/31 CIA-RDP72-00337R000400070003-5
"(iii) in the case of minimum or maximum rates of pay, or mone-
tary limitations or allowances with respect to pay, by an amount
rounded to the nearest .$100 and computed on the basis of a per-
centage equal or equivalent, insofar as practicable and with such
variations as may be appropriate, to the percentage of the pay
adjustment provided under section 5305 of this title.
"(b) An adjustment under subsection (a) of this section in rates of
pay, minimum or maximum rates of pay, and monetary limitations
or allowances with respect to pay, shall be made in such manner as the
appropriate authority concerned considers appropriate.
"(c) This section does not authorize any adjustment in the rates of
pay of employees whose rates of pay are fixed and adjusted. from time to
time as nearly as is consistent with the public interest in accordance with
prevailing rates or practices.
"(d) This section does not impair any authority under which rates of
pay may be fixed by administrative action.
5308. Pay limitation
"Pay may not be paid, by reason q/ any provision of this subchapter,
at a rate in excess o f the rate of basic pay for level V of the Executive
Schedule.".
(b) The table of sections of subchapter I of chapter 53 of title 5, United
States Code, is amended by adding at the end thereof the following:
"5305. Annual pay reports and adjustments.
"5306. Advisory Committee on Federal Pay.
"5307. Pay fixed by administrative action.
"5308. Pay limitation.".
(c) The President may make the initial adjustment required by sub-
chapter I of chapter 53 of title 5, United States Code, as amended by this
Act, without regard to the provisions of such subchapter relating to the
Advisory Committee on Federal Pay and the I"ederal Employees Pay
Council. Notwithstanding any provision of such subchapter I prescribing
an effective date of October 1 for any pay adjustment made by the President,
the initial adjustment based'on the 1970 Bureau of Labor Statistics survey
and the adjustment based on the 1971 Bureau of Labor Statistics survey
shall become effective on the first day of the first applicable pay period that
begins on or after January 1, 1971, and January 1, 1972, respectively.
Notwithstanding the provisions of such subchapter I, the President's agent
for purposes of the 1971 and 1972 adjustments shall be the Director, Office
of Management and Budget and the Chairman, United States Civil Service
Commission. Adjustments under the provisions of such subchapter I shall
not apply to employees of the Post Office Department whose basic pay is.
fixed under the General Schedule.
SEc. f. (a) Each time the President adjusts the rates of pay of em-
ployees under section 5305 of title 5, United States Code, the President:
pro tempore of the Senate shall, as he considers appropriate-
(1) (A) adjust the rates of pay of personnel whose pay is disbursed
by the Secretary of the Senate, and any minimum or maximum rate
applicable to any such personnel; or
(B) in the case of such personnel whose rates of pay are fixed by
or pursuant to law at specific rates, adjust such rates (including
the adjustment of such specific rates to maximum pay rates) and, in
Approved For Release 2006/01/31 : CIA-RDP72-00337R000400070003-5
 Approved For Release 2006/01/1 : CIA-RDP72-00337R000400070003-5
the case of all Other personnel whose pay is disbursed by lire Secretary
of the Sulfate, adjust only the minimum or maximum rates applicable
1o such other personnel; and
(2) adjust any limitation or allowance applicable to such per-
sonnel;
by nrrcentayes which are equal or equivalent, insofar as practicable and
with such exceptions as may be necessary to provide for appropriate pay
relaliunships between positions, to the percentages of the adjustments made
by tire President ')ceder such, section 5305 for corresponding rates of pay fur
employees szrb ject to the General Schedule contained in section 5332 of
such title. Such rates, limitations, and allowances adjusted by the Presr-
deat pro In npure shall become e ochre on the first clay of the first pay
period which begins on or after the day on which any adjustment becomes
rjfecticc finder such .section 5305 or section 3(c) of (his.Act,
(b) The adjustments made by the President pro tern pare shall bemnade in
such ,.canner as he considers advisable and shall have the force and effect
of law.
(c) Nothing in this section shall impair any authority prmrsuant to
which rates of pay may be fired by adreinistratwe action.
(d) No rate of pay .shall be adjusted under the provisions of this section
to an. amount in excess of the rate of basic pay for level Vof the E'.cec,rtive
Schedule contained in section 5316 of title 5, United States (`ode.
(e) For purposes of flues section, tfu turret "personnel" does not include
any Senator.
PAY ADJUST.t!E'nTS IN THE HOUSE OF REPRESENTATIVES
Src. 5. (a) IIloiterer a pay adjustment by lit(, President under
xeefiorr 5305 of title 5. United States Corse, is remade effective pursuant to
subsection (a((2), or subsections (c) to (m), in?clfl.sire, as the case may be,
of such section 5305, or section 3(c) of this pct, then the Clerk of flue
Douse of Rrpreseutatires, in such man-mrer as he considers advisable
(1) elfuctire (it the bertinnin.y of the ,first pact period commencing
on or after the day on. which such pay adjustment by the Presidelnt
;., made elfcct;ce as described above, shall adjust---
(A) each rnininz'un and maximum rate of pay applicable to
any employee or class of employees whose pay is disbursed by
the Clerk of the Mousse (other than a maximum rate equal to or
greater Ilia it, the nzaximnmn rate lit, rt currently being paid under
the General Schedule of section 5332 of title 5, United Slates
lode, as a result of such pay a+tjustrnent by th President); and
(B) each monetary limitation on or monetary allowance for
pay applicable to any such employee or class of employees,
including but not limited to--
(,) the clerk hire allowance .for each 11rmber of the
flu use of lieprfssentatires and the llesident Coin inissioner
from Puerto 11irn; and
( ';`i the allowances for arlrlittonal office personnel in the
o 'es of the Speaker, the majority leader, the minority
leader, the majority ?Vhip, and the minority whip, of the
11rouse of lleprescntutices:
by an amount rounded to the nearest $100 and competed on lire
basis of a percentage equal or er uiralent, insofar as practicable and
with. such variations as the Glerk considers appropriate, to the
percentage of the pay adjustment -made by the President;
Approved For Release 2006/01/31 : CIA-RDP72-00337R000400070003-5
 Approved For Release 2006/01/319 CIA-RDP72-00337R000400070003-5
(2) shall determine, with respect to the employees and classes of
employees within the purview of this section whose pay is disbursed
by the Clerk, the respective amounts of pay adjustments which are
equal or equivalent, insofar as practicable and with such exceptions
and modifications as may be necessary to provide for appropriate
pay relationships between positions, to corresponding increases in
pay, as determined by the Clerk, made by the pay adjustment by the
President; and
(3) shall transmit to the appropriate pay-fixing authority con-
cerned in the House of Representatives a copy of his determinations
with respect to the pay of those employees whose pay is fixed and
adjusted by that authority.
(b) After consideration of the pay determinations transmitted by the
Clerk of the House, the pay-fixing authority concerned may adjust, not-
withstanding the provisions contained in section 665 of title 31, United
States Code, the rates of pay concerned in such manner as that authority
considers appropriate.
(c) Nothing in this section shall impair any authority pursuant to
which rates of pay may befxed by administrative action.
(d) This section shall not be deemed to authorize any adjustment in
the rates of pay of employees whose rates of pay are disbursed by the
Clerk of the House of Representatives and. are fixed and adjusie.l from
time to time as nearly as is consistent with the public interest in accord-
ance with prevailing rates or practices, including employees subject to
the House Wage Schedule.
(e) No rate of pay shall be adjusted under this section to an amount
in excess of the rate of basic pay of level V of the Executive Schedule con-
tained in section 5316 of title 5, United States Code.
SEC. 6..(a) Section 59/x. of title 5, United States Code, is amended to
read as follows:
5942. Allowance based on duty at remote worksites
"Notwithstanding section 5536 of this title, an employee of an E+'xecu-
tive department or an independent establishment who is assigned to duty,
except temporary duty, at a site so remote from the nearest established
communities or suitable places of residence as to require an appreciable
degree of expense, hardship, and inconvenience, beyond that normally
encountered in metropolitan commuting, on the part of the employee
in commuting to and from his residence and such worksite, is entitled,
in addition to pay otherwise due him, to an allowance of not to exceed
$10 a day. The allowance shall be paid under regulations prescribed by
the President establishing the rates at which the allowance will be paid
and defining and designating those sites, areas, and groups of positions
to the which the rates apply.".
(b) Notwithstanding section 5536 of title 5, United States Code, and
the amendment made by subsection (a) of this section, and until the
effective date of regulations prescribed by the President under such amend-
ment-
(1) allowances may be paid to employees under section 591t2
of title 5, United States Code, and the regulations prescribed by
Approved For Release 2006/01/31 : CIA-RDP72-00337R000400070003-5
 Approved For Release 2006/01/31 CIA-RDP72-00337R000400070003-5
the President under such section, as in effect immediately prior
to the effective date of this section; and
(2) such regulations may be amended or revoked in. accordance
with such section 5912 as in effect immediately prior to the effective
date of tlsis section.
(c) The table of sections of subchapter II' of chapter 59 of title 5,
United States Code, is amended by string out:
"5942. Allowance based on duty an California offshore islands or at Nevada Test Site."
and inserting in lieu thereof:
"5942. Allowance based on duty at remote worksites.".
SEC. 7. (a) Subchapter I V o f chapter 59 of title 5, United States Code,
is amended by adding at the end thereof the following new section:
15947. Quarters, subsistence, and allowances for employees of
the Corps of Engineers, Department of the Army, en-
gaged in floating plant operations
"(a) An employee of the Corps of Engineers, Department of the Army,
engaged in _floating plant operations may be furnished quarters or sub-
sistence, or both, on vessels, without charge, when the furnishing of the
quarters or subsistence, or both, is determined to be equitable to the em-
ployee concerned, and necessary in the public interest, in connection with
such operations.
"(b) Notwithstanding section 5536 of this title, an employee entitled to
the benefits of subsection. (a) of this section while on a vessel, may be paid,
in place of these benefits, an allowance for quarters or subsistence, or
both, when-
"(1) adverse weather conditions or similar circumstances beyond
the control of the employee or the Corps of Engineers prevent trans-
portation of the employee from shore to the vessel; or
"(s) quarters or subsistence, or both, are not available on the vessel
while it is undergoing repairs.
"(c) The quarters or subsistence, or both, or allowance in place thereof,
may be furnished or paid only under regulations prescribed by the Secre-
tary of the Army.".
(b) The table of sections of subchapter IV of chapter 59 of title 5.
United States Code. is amended by adding:
`'5947. Quarters, subsistence, and allowances for employees of the Corps of Engineers,
Department of the Army, engaged in floating plant operations."
immediately below:
"5948. Membership fees; expenses of attendance at meetings; limitations.".
(c) The Act entitled "An Act to authorize the furnishing of subsistence
and uarters without charge to employees of the Corps of Engineers engaged
on
Boating plant operations", approved May 13, 1.955 (69 Stmt. 48;
Public Law 35, Eighty-fourth Congress), is repeated.
RESTRICTIONS ON POSTAL SERVICE EMPLOYMENT OF RELATIVES
SEC. 8. (a) Section 410(b)(1) of title 39, United States Code, as enacted
by section 2 of the Postal lieorgani2ation Act (84 Slat. 725; Public Law
91-375), is amended-
Approved For Release 2006/01/31 : CIA-RDP72-00337R000400070003-5
 Approved For Release 2006/01/31 j1CIA-RDP72-00337R000400070003-5
(1) by inserting "section 3110 (restrictions on employment of
relatives)," immediately before "section 3333"; and
(2) by striking out "except that not regulation" and inserting in
lieu thereof "except that no regulation".
(b) The provisions of this section shall become effective on the effective
date prescribed under section 15(a) of the Postal Reorganization Act for
section 410 of title 39, United States Code, as enacted by that Act.
SEC. 9. (a) Section 5108(c) of title 5, United States Code, is amended-
(1) in paragraph (8), by striking out the word "and" at the end
thereof;
(2) in paragraph (9), by striking out the period at the end thereof
and inserting in lieu of the period a semicolon and the word "and";
and
(3) by adding a new paragraph to read as follows:
"(10) the Chief Judge of the United States Tax Court, without
regard to this chapter (except section 5114), may place a total of 5
positions in GS-16, 17, and 18.".
(b) Section 5108(a)o of title 5, United States Code, is amended by striking
out "2,73/1" and inserting in lieu thereof "2,754".
And the Senate agree to the same.
That the House recede from its disagreement to the amendment of
the Senate to the title of the bill and agree to the some with an amend-
ment as follows:
In lieu of the amended title proposed by the Senate amendment,
amend the title so as to read: "An Act to amend title 5, United
States Code, to authorize the President to adjust the rates for the
statutory pay systems, to establish an Advisory Committee on
Federal Pay, and for other purposes."
And the Senate agree to the same.
THADDEUS J. DULSKI,
DAVID N. HENDERSON,
ARNOLD OLSEN,
MORRIS K. UDALL,
ROBERT J. CORBETT,
DANIEL E. BUTTON,
Managers on the Part of the House.
GALE W. MCGEE,
RALPH YARBOROUGH,
JENNINGS RANDOLPH,
HIRAM L. FONG,
J. CALEB BOGGS,
Managers on the Part of the Senate.
Approved For Release 2006/01/31 : CIA-RDP72-00337R000400070003-5
 Approved For Release 2006/01/31 : CIA-RDP72-00337R000400070003-5
STATEMENT Ole TILE MANAGERS ON THE
PART OF TIIE HOUSE
The managers on the part of the House at the conference on the
disagreeing votes of the two houses on t-he amendments of the Senate
to the bill (ILR. 13000) entitled "Ala Act- to implement the Federal
employee pay comparability system, to establish a Federal Employee
Salary Ct)tnnaissioin and a Botard of Arbil ration, and for other purposes,"
submit the following statement in explanation of the effect of the
action agreed upon by the conferees and recommended in the acconi-
ptua_ying conference report.
The Senate amendments struck out all of the House bill after the
enacting clause and inserted a substitute text and provided a now
title for the House bill.
With respect to the amendment of lite Senate to the text of the
House bill, the conunittee of conference recommends that the House
recede from its disagreement. to the anaendnwnt. of the Senate with an
amendment, which IS it substitutd? for both (lie text of the House bill
and the text, provided by the Senate amendment and that the Senate
agree to the. samne.
With respect to the amendment of the Senate to the title of the House
bill, the committee of confcieuce recommends that the House recede
from its disagreement to the amendment. of the Senate to the title of
the bill and agree to the same with an amendment to- such title set
forth in (lie conference substitute which will reflect more accurately
time provisions of the text of the conference substitute and that the
Senate agree to the same.
D1Fm ERE\cEs BETAVEEN TILE TEXT OF THE IlousE BILL AND THE
CONFERENCE SUBSTITUTE
Title
The first section of time house bill Provides that the act may be
cited as the ""Federaal Salary Comparability Act of 1969."
The conference substitute provides that the act may be cited as
the "I+edea'aal Pay Comparability Act of 1970."
Policy
HOUSE BILL
Section 2 of the House bill restate, the congressional policy pro-
visions of section 5301 of title 5, United States Code, relating to pay
comparability. Also, section 2 amends section 5302 to provide new
procedure for implementing the new pay policy.
Subsection (a) of section 5301 of the house bill continues con-
gressional policy that rates of pay for Federal statutory pay systems
shall be based on the principles tlhatt---
(12)
Approved For Release 2006/01/31 : CIA-RDP72-00337R000400070003-5
 Approved For Release 2006/01/31 : OA-RDP72-00337R000400070003-5
? there be equal pay for substantially equal work;
? pay distinctions be maintained in keeping with work distinc-
tions; and
? rates of pay be comparable, on a national basis, with private
enterprise rates of pay for the same levels of work.
This restatement provides two minor changes in congressional policy
from the policy under existing law.
First, the words "on a national basis" are included to remove any
possible interpretation that would permit rates of pay under a statu-
tory system to be fixed on an area basis.
Second, the specific requirement that the pay systems "be inter-
related" was eliminated.
Section 2(a) of the conference substitute amends section 5301 as did
the House bill.
Subsection (a) of section 5301, as amended by the conference sub-
stitute, contains provisions similar to the House bill, but eliminates
the two changes contained in the House bill. Thus, the conference
substitute does not include the words "on a national basis", but does
include the requirement that the pay systems "be interrelated."
Subsection (b) of section 5301 of the House bill identifies the pay
systems under the pay comparability principles and requires that the
rates of pay of each system be adjusted annually under the principles
of subsection (a) and the procedures prescribed in the bill.
The employees covered by the legislation are Federal employees
under the General Schedule, employees in the postal field service,
officers, staff officers and employees in the Foreign Service of the
United States, and physicians, dentists, and nurses in the Department
of Medicine and Surgery, Veterans' Administration.
The conference substitute contains similar provisions in subsections
(b) and (c) of section 5301, except that reference to the postal field
service employees has been eliminated as such employees are now
subject to the provisions of the Postal Reorganization Act, Public
Law 91-375, approved August 12, 1970, and rates of pay for such
employees will be fixed under collective bargaining procedures.
Section 2(b) of the conference substitute repeals section 5302 of
title 5, United States Code, relating to the pay comparability pro-
cedure of existing law, and makes the necessary technical changes
in the table of sections of subchapter I of chapter 53 of title 5, United
States Code.
The House bill, in section 2, amends such section 5302 to include
the new procedures for fixing rates of pay under the comparability
system.
Approved For Release 2006/01/31 : CIA-RDP72-00337R000400070003-5
 Approved For Release 2006/01/31 : CIA-RDP72-00337R000400070003-5
14
The new procedures in the conference substitute are provided
under new sections 5305--5305 of title 5, United States Code, as added
by section :3 of the conference substitute, which is explained herein-
af t er.
Pay adjustments
Section 2 of the house bill amends section 5302 of title 5, United
States Code, to provide a permanent method of adjusting the rates of
pay of Federal employees who are paid under the statutory pay
systems.
Subsections (a)-(e) of the -aew section 5302 establish at Federal
Employee Salary Commission composed of eight mtenibers and three
associate merambers, and prescribe the functions of the Cornniision.
Four of the mne-nbe-:s, havin a total of four rotes, are to be designated
by ranking Government o cials and rho other members, having it
total of three votes. are to be designated by employee unions.
The primary function of the Commission is to carry out the prinei-
ples of pay comparability under section 5301(a), and after con-
sultation with represcntatives of such agencies and employee organi-
zations as it determines appropriate, the Commission is required to--
? prescribe the comparability pay survey to be conducted by the
Bureau of Labor Statistics;
? prepare the animal comparative statement of rates of pay based
on the Bureau of Labor Statistics' survey;
? review all matters relating to pay comparability; and
? submit to Congress a report. setting forth the pay comparability
information, the s erilic rates of pay necessary to fulfill pay
comparability. amid any recommendations for new lea station
the Commission may feel appropriate to achieve pay compaara-
bility.
The Commission is required to seek and give full recognition to the
views of employee organir.atinns in conner-tioma with its deliberations
and determinations.
A member of the federal Employee Salary Commission is authorized
to suck arbitration when it member determines that the rates of pay
sroposed by the Commission are not in conformity with the compara-
ility principles.
Subsection (f) of the House bill establishes a seven-member Federal
Employee Salary Board of Arbitration with the sole function of
determining whether the proposed rates of pay conform to the com-
parability principles, and if the proposed rates do not so conform,
prescribe such new rates of pay as the Board determines necessary
to conform with the comparability principles. The Board is to be
composed of two members from the house, two from the Senate,
one designated by the Chairman, Civil Service Commission, one by
employee unions, and one by the Boaard.
Subsection (g) of the House bill requires the Cumnniissican to submrit
to Congress the first pay adjustment recommendations based on the
1969 Bureau of Labor Statistics survey by February 1, 1970, and
annual pay recommendations by February I of each year thereafter.
Approved For Release 2006/01/31 : CIA-RDP72-00337R000400070003-5
 Approved For Release 2006/01/31 : gA-RDP72-00337R000400070003-5
Subsection (h) of the House bill provides that the rates of pay
submitted to Congress shall become effective at the beginning of the
first pay period commencing on or after the adoption by both Houses
of Congress, within 60 days by a yea and nay vote, of a concurrent
resolution approving such rates of pay. This subsection also authorizes
the granting of retroactive pay adjustments, to correspond to adjust-
ments initiated by the Commission, for employees whose rates of
pay are fixed by administrative action.
Subsections (i)-(p) of the House bill provide the necessary provisions
for administration of the Commission and the Board and implementa-
tion of the pay rates.
Subsection (q) of the House bill authorizes increases to be granted,
retroactively effective, in the legislative and judicial branches, and by
the Secretary of Agriculture with respect to the Agricultural Stabili-
zation and Conservation County Committee employees, in amounts
which are equal, insofar as practicable, to the increases in rates of pay
which become effective under the provisions of section 5302.
Section 3 of the House bill makes the necessary technical adjust-
ments in the table of contents of subchapter I of chapter 53 of title 5,
United States Code, to conform with the adjustments made in the
heading of section 5302 of title 5 by section 2 of the House bill.
Section 3(a) of the conference substitute amends subchapter I of
chapter 53 of title 5, United States Code, by adding new sections
5305-5308, providing a permanent method of adjusting the rates of
pay of Federal employees who are paid under the statutory pay
systems.
The most significant difference from the House provision is that the
President is directed to make the annual adjustments in the rates of
pay; whereas, under the House provisions, adjustments in the rates of
pay would become effective only after approval by the Congress of
adjustments recommended by the Federal Employee Salary
Commission.
Section 5305 of the conference substitute prescribes the procedure
for implementing the comparability pay principles under section 5301.
Subsection (a) of the new section 5305 requires the President to
direct such agent as he considers appropriate to prepare and submit to
him annually, after considering such views and recommendations as
may be submitted under subsection (b) of this section, a report-
? that compares the rates of pay of the statutory pay systems for
the same levels of work in private industry as determined on
the basis of the annual survey that shall be conducted by. the
Bureau of Labor Statistics,
? that makes recommendations for appropriate adjustments in
rates of pay, and
? that includes the views and recommendations submitted under
subsection (b).
After considering the report of his agent and the recommendations
of the Advisory Committee on Federal Pay, the President shall
make such adjustments in the statutory pay systems as he determines
necessary to carry out the comparability principles under section
Approved For Release 2006/01/31 : CIA-RDP72-00337R000400070003-5
 Approved For Release 2006/01/31 : CIA-RDP72-00337R000400070003-5
16
5301. The adjustments will become effective as of the beginning of
the first applicable pay period commencing on or after October 1
of the tPphcable year.
The resident is required to transmit to Congress a report of the
pay adjustment, he makes, together with the reports submitted
to hint by his agent and the- Advisory Committee on Federal Payy.
Subsection (b) requires the President's agent to establish a Federal
Employees Pay Council, consisting of five members. The members
are to be chosen from representatives of employee organizations repre-
senting employees under the three pay systems covered by section
5301, but no more than three members at any one time shall be from
the saaane employev organization. They are to be selected with due
consideration to such factors as the relative number of employees
represented by the various organizations,
-Members of the Council shall not be deemed to be employees of
the Government of the United States and shall not receive pay by
virtue of service with the Council.
The President's agent is required to provide for meetings with
the Council, and to give thorough consideration to the views and
recommendations of the Council, and to the views and recommenda-
tions of individual members of the Council, if any.
The views and recommendations may include the coverage of the
annual survey to be conducted by the Bureau of Labor Statistics.
including such nutters as the occupations, establishment, sizes,
industries, and geographical areas to be surveyed, the process of
comparing the rates of pay of a statutory pay system with the rates
of pay for the same levels of work in private industry, and the ad-
ustinents in the rates of pay that should be made to achieve compara-
ility.
In addition, the President's agent is required to give thorough con-
sideration to the. views and recommendations of employee orgaaniza-
tions not represented by the Council, regarding the same matters
which may be considered by the Council.
The views and recommendations submitted by the Council, by any
member of the Council, and by employee organizations not represented
by the Council, are to be included in the report of the agent to the
President.
Subsection (c) of section 5305 of the conference substitute provides
that if, because of a national emergency or economic conditions
affecting the general welfare, the President in any year considers it
inappropriate to make the pay comparability adjustiments required
by subsection (a), he shall prepare and submit to Congress before
Septeanbcr 1 of that year such alternative plan fur pay adjustments
as he considers appropriate which are to be considered as being in lieu
of the comparability pay adjustments required by subsection (a).
An alternate plan transmitted by the Preside-nt becomes effective
on the first day of the first applicable pay period commencing on or
after October 1 of the III applicable year, and continues in effect unless,
prior to the end of the rst period of 30 calendar days of continuous
session of Congress after the date on which the alternate plan is trans-
mitted, either House of Congress adopts a resolution disapproving
the alternate plan.
Approved For Release 2006/01/31 : CIA-RDP72-00337R000400070003-5
 Approved For Release 2006/01/31 1 CIA-RDP72-00337R000400070003-5
Subsections (d)-(k) of section 5305 of the conference substitute
prescribe the rules controlling the action in the Senate and the House
of Representatives for consideration of a resolution disapproving an
alternate plan. In general, the rules prescribed will guarantee a
Member of Congress the right to have such a resolution acted upon by
the Congress. It is provided that it shall be in order, by a highly
privileged motion which is not debatable, to discharge the committee
from further consideration of a resolution in the event the committee
to which the resolution has been referred has not reported the resolu-
tion at the end of 10 calendar days after its introduction.
Subsection (1) provides that the rates of pay which become effective,
either temporarily or permanently, under section 5305 are to be con-
sidered the rates of pay applicable to each employee or position.
Subsection (m) of section. 5305 requires the President, in the event
Congress disapproves the alternate plan, to make the comparable
pay adjustments required by subsection (a). Such comparability ad-
justments will become effective as of the beginning of the first ap-
plicable pay period commencing on or after the date on which the
disapproving resolution is adopted, or on or after October 1, whichever
is later.
Subsection (n) provides that the rates of pay that become effective
under section 5305 shall modify, supersede, or render inapplicable
prior pay adjustments under provisions of law or prior recommenda-
tions and pay adjustments that have, the effect of law.
Subsection (o) requires that the rates of pay that take effect under
section 5305 shall be printed in the Federal Register and the Code of
Federal Regulations.
Subsection (p) makes it clear that increases in rates of pay under
section 5305 are not to be considered an equivalent increase in pay
under section 5335 of title 5, United States Code, relating to periodic
stop increases for General Schedule employees.
Subsection (q) authorizes the President to prescribe conversion rules
for pay adjustments that become effective under the provisions of
section 5305.
Subsection (r) provides that the provisions for automatic pay ad-
justments of section 5305 will not. impair any authority pursuant to
which rates of pay may be fixed by administrative action.
Advisory Committee on Federal Pay
Subsection (a) of section 5306 of the conference substitute estab-
lishes an Advisory Committee on Federal Pay as an independent
establishment, in the executive branch to be composed of three presi-
dential appointees not otherwise employed in the Government of the
United States. Recommendations for such. appointees are to be made
by the Federal Mediation and Conciliation Service and may be made
by other interested parties. It is anticipated that such appointees will
be persons generally recognized for their impartiality, knowledge, and
experience in the field of labor relations and pay policies. The ap-
pointees shall serve for 6-year terms.
Approved For Release 2006/01/31 : CIA-RDP72-00337R000400070003-5
 Approved For Release 2006/01/1 : CIA-RDP72-00337R000400070003-5
Subsection (b) requires the Advisory C'otnnaittee on Federal Pay
[o-
? review the annual report submitted to the President by his
agent;
? consider ueh further views and recommendations, with respect
to proposak in the annual report submitted by the agent
to the President, as may be presetated to the C'onatnittee in
writing by employee organization,, the President's agent, other
officials of the Government, and sncla experts as the Commit tee
may consult ; and
? report its findings and recommendations to the President.
tsubsectiuas lc)-(It) contain the usual adtnililt ratiye provisions
for operation of Lilt- Committee.
Subsection (g) establishes the rates of pay for each naetnber of the
('onamittee at the daily ettnivalent. of level IV of the Executive Sched-
tule (now $38,000) for each day he is engaged in work of the Com-
mittee, and entitles each member to travel expenses, including pmt-
diem allowance, in accordance with the provisions of section 5703(b)
of title 5, United States Code.
The primary- purpose of section 5307(a) of the conference substitute
i? to authorize administrative pay-fixing authorities to make adjaast-
tnents in rate, of pay, innumatm or maximum rates of mv, atrial pay
limitations or allowances, without regard to the antideltcaency ap-
propriation provisions of 31 U.S.(`. (10:5, which prohibit admiaaistrat-
tive action from being taken to incur an obligation of funds in excess
of the amount of fttnals a vailaable to rover the obligaatiuta. There care two
principal features of section 5307(a).
Pay ?rljtrstnnentt
The first feature of section 5307(a) is that it. authorizes adjustments
to be made Ili the rates of pay of employees of the legislative, judicial,
and executive branches of the Government of the United States and of
the government of the District of Columbia (except employees whose
pay is disbursed by the Secretary of time Senate or the Clerk of the
(louse) whose rates of pay are fixed by aadtninistrative action pursuant
to law. and are not otherwise adjusted by the President under section
5305 of title 5, United States Code, its enacted by the conference
substitute.
Authority is included for the adjustment of rates of pay of certain
employees under the Architect of the Capitol whose rates of pay
are fixed by 40 U.S.('. 10Gb 3, of the Superintendent of the House
garages, and of persons employed by the Agricultural Stabilization
and Conservation County Comttaittees.
Wage board employees whose rates are fixed in accordance with
prevailing local practices are specifically excluded under subsection (c).
It is to be emphasized that these provision-, "authorize" adjustments
in rates of pay. The actual decision of whether it pray adjustment, will
be made is within the. discretion of the appropriate official.
The pny adjustments are not to exceed the pay acljlist taaent under
,eatioat 5305 for corresponding rates of pay or, when there are no
Approved For Release 2006/01/31 : CIA-RDP72-00337R000400070003-5
 Approved For Release 2006/01/31 lc-CIA-RDP72-00337R000400070003-5
corresponding rates of pay, the adjustments are not to exceed an
amount equal or equivalent, insofar as practicable, to the amount of
the adjustment under section 5305. The adjustments, however, may
be less than the adjustments made by the President under section 5305.
The provisions of section 5307(a) are general in nature and all
inclusive insofar as applicable administrative pay-fixing authorities are
concerned, except as to certain employees of the Senate and the House
of Representatives and wage board employees. Similar provisions in
prior pay legislation were general in nature and, in addition, contained
authorizations relating to specific administrative pay-fixing authorities.
To illustrate, section 211 of the Federal Salary Act of 1967, Public
Law 90-206, included a specific authorization under subsection (a) to
adjust the rates of pay of U.S. Attorneys and Assistant U.S. Attorneys
whose salaries are fixed by administrative action of the Attorney
General under 28 U.S.C. 548.
In addition, subsection (b) of section 211 contained general author-
ization-for administrative pay-fixing authority.
Also, section 213 of the Federal Salary Act of 1967 identified several
groups of employees of the judicial branch whose rates of pay are fixed by
administrative action, such as referees in bankruptcy and law clerks.
The provisions of section 5307(a) of the conference substitute are
intended to have general application covering all the applicable
administrative pay-fixing authorities, with the exceptions noted above,
including those specific authorities which were identified in former
pay legislation.
Minimum or maximum rates of pay, limitations, or allowances
The second feature of section 5307(a) of the conference substitute
is that it authorizes adjustments to be made in a minimum or maximum
rate of pay, and in a pay limitation or allowance applicable to em-
ployees covered by section 5307.
It is intended that the authority of these. provisions be used to make
appropriate adjustments in minimum or maximum rates of pay or
allowances affecting employees of the legislative, judicial, and execu-
tive branches, whose pay is fixed by administrative action, subject to
the exceptions noted above. To illustrate, adjustments are authorized
in the pay limitation under 28 U.S.C. 753(c) on the pay of court
reporters.
Subsection (b) of section 5307 permits the adjustments in rates of
pay, minimum or maximum rates of pay, limitations, or allowances
under subsection (a) to be made in such manner as the appropriate
authority considers advisable.
Subsections (c) and (d) provide that the authority of section 5307
does not apply to employees whose rates are fixed under the wage
board system, and does not impair the, authority to adjust rates of pay
which may be fixed by administrative action.
Pay limitation
Section 5308 of the conference substitute provides that an employee
whose rate of pay is adjusted under the provisions of sections 5301-
5307 may not be paid at a rate in excess of the rate of pay for level V
of the Executive Schedule (now $36,000).
Approved For Release 2006/01/31 : CIA-RDP72-00337R000400070003-5
 Approved For Release 2006/01/31l: CIA-RDP72-00337R000400070003-5
CONFERENCE SUBSTITUTE
Subsection (b) of section 3 of the conference substi(ute makes Lite
necessary- technical conforming changes in the table of sections of
subchapter I of chapter 53 of title 5, United States Code.
Subsection (c) of section 3 of the conference substitute authorizes
the President to make the initial adjustment under the new provisions
without regard to the provisions relating to the Advisory Committee
oil Federitl P';tv, sinc3 there will not be adequate time to process the
initial adjustment Ilhrougli the ('oriuniItee, procedure.
The subsection also provides that the initial adjustment and the
tuljitstlnent based on tlie 1971 Bureau of Labor Statistics survey- shall
become effective on Lite first tilt.)- of the first applicable pay period
commencing on or after January' 1. 1971, and January 1, 1972,
respectively.
This subsection also designates the President'; went., for the pur-
pose of the 1971 will 1972 adjustments. as like Director, Office of'Mati-
agement and Budget, and the Chairman of the Civil Service
Commission.
In addition. subsection (c) provides that adjustments by the
President under -ubcliapter 1 shall not apply- to employees of the
Post office I)epartiuetit whose basic pay is fixed under the General
Schcdillc. The rate's of Iiay' of such employees were increased April 16,
1970, by (he Posttltitster General under authority of section 9 of the
Postal licorganization Act (Public Law 91-375). Hereafter such
employees w' 11 have their rates of basic pity adjusted under the pro-
visions of the Postal 1Reorgttnization Act.
HousE BILL
The Ilouse bill included provisions in subsection (q) of section 5302
autboriziug adiustmmnts in the rates of pity' of certain employees of
the Iegislittive breach, and adjustments in any minimum or maximum
such ln'I'am111re1.
1'111e, linittiitioll. of allowance, applicable to
t't)NFEttENCE SUBSTITUTE
Sccti101 4 cif the c'onfcictice substitute provides that each time the
President iadiusts rates of pay under serl.ioli 5305 of title 5, Unutecl
States (`ode, the rates of l" Y of personnel whose pity is ciishursed by
tilt- Secretary of the Senate and any minimum or maximum rate.
limlitaticui. or allo%\ wive applicable to such personnel shall be adiustcd
by the Presidrnt pre) teal of tilt- Senate in such manner as he considers
atlyisa.ble?. -No rate shall be aditisted to an amount ill excess of the rate
of bits'ic pity for Ieyel V of the Execrttiye Schedule contained in section
5316 of tith? 5. United States Code.
tiectiou Of the conferrlu i substitute contains authority for adjust-
nlents relating to certain employees of the House of Representatives.
Whenever a pay adjustment is made by the President under section
5305 of title 5, United States Code, the ('jerk of the House is author-
ized. in such initnuei as he considers advisable, to adjust each utinitnunl
Mud nutxitcnun rate cif pay' applicable to any eniplm?re or class of etli-
c,loyce; tt host pile is disbiu?sed by the Clerk if the House, other thiul a
uitixHill lilt I?ate choral to or greater tluul II' uulxilnunl rate currently
Approved For Release 2006/01/31 : CIA-RDP72-00337R000400070003-5
 Approved For Release 2006/01/31 : CIA-RDP72-00337R000400070003-5
21
being paid under GS-18 as a result of the pay adjustment. Also, the
Clerk is authorized to adjust each monetary limitation on, or monetary
allowance for, pay applicable to such employee. This provision specific-
ally includes authority to adjust the clerk-hire allowance for each
Member of the House of Representatives and the Resident Com-
missioner from Puerto Rico, and the allowance for additional office
personnel in the offices of the Speaker, the majority leader, the minority
leader, the majority whip and the minority whip. The adjustments are
to be in an amount rounded out to the nearest $100 and computed on
the basis of a percentage equal or equivalent to, insofar as practicable
and with such variations as the Clerk considers appropriate, to the
percentage of the pay adjustment made by the President.
The Clerk of the House is authorized to determine with respect
to the employees covered by this section, the respective amounts of
pay adjustments which are equal or equivalent to corresponding
increases in pay, as determined by the Clerk, made by the pay
adjustments made by the President. The Clerk is required to transmit
such information to the appropriate House of Representatives pay-
fixing authority concerned.
The pay-fixing authority concerned is authorized to adjust, the
rates of pay of employees under his jurisdiction in such amounts as
he considers appropriate, subject to the limitations prescribed and
subject to the usual procedures that may be required by the Clerk
of the House under section 472(d) of the Legislative Reorganization
Act of 1970, Public Law 91-510.
Illustration of pay-fixing authorities in the House are, a Member
for employees in the office of a Member, the chairman of the com-
mittee for employees of a committee, and the House Administration
Committee for employees under the House Employees Schedule. The
decision as to whether any pay adjustment is to be made, and the
amount of pay adjustment, is entirely within the discretion of the
pay-fixing authority.
Subsection (c) of section 5 provides that the authority under this
section does not impair any authority pursuant to which rates of pay
may be fixed by administrative action. Subsection (d) specifically
excludes wage board employees such as employees under the House
Wage Schedule.
Subsection (e) places a ceiling on the amount, of any increase tinder
this particular section to the rate of basic pay of level V of the Execu-
tive Schedule which currently is $36,000.
The provisions of section 5 do not apply to officers of the House of
Representatives (Clerk, Sergeant at Arms, Doorkeeper, Chaplain, and
Postmaster), because the rates of pay of the officers are not fixed by
administrative action, but are fixed by House resolutions, in some
cases, or by the directive issued by the Speaker of the House on June
11, 1968 (2 U.S.C. 60a, note), which. has the force and effect of law
under section 212 of the Federal Salary Act of 1967 (Public Law
90-206).
Finally, the provisions of section 5 do not apply to those employees
of the House of Representatives whose specific rate of pay is fixed by
House resolution, such as minority floor assistants, under H. Res.
502, August 6, 1969; reporters of debates, under H. Res. 1055, October
19, 1966, and H. Res. 995, October 10, 1968; and reporters to commit-
tees, under H. Res. 533, June 8, 1956, II. Res. 335, August 18, 1959,
and H. Res. 995, October 10, 1968.
Approved For Release 2006/01/31 : CIA-RDP72-00337R000400070003-5
 Approved For Release 2006/01/31 : CIA-RDP72-00337R000400070003-5
2`3
Section 4 of the Rouse bill revises provisions of law relating to
automatic step advancements for postal employees to permit the
employees to reach the top pay step in 8 years instead of the present
21 years.
section 5 of the House hill provides for a t%%o-step within grade
adjustrncnt for postal employees in levels I through 11, effective
October t, 1969, and authorizes employees in levels 12 or above to
receive a step increase on or after July 1, 1970.
The conference substitute does not include comparable provisions
as such matters are now covered by the provisions of the Postal
Ile, irganization Act, Public Law 91-375, approved August 12, 1970.
/'rrmian, pay
Section 6 of the House bill amends section 5345(c)(2) of title 5,
United States Code, to authorize premium pay for certain employees
for Sunday, night, holiday, and overtime work. This provision applies
primarily to border patrolmen, Deputy U.S. Marshals, Customs and
Internal Revenue personnel, and the Federal Bureau of Investigation.
The conference substitute does not include a comparable provision
us similar lrrovisiuns were included under section 8, Public Law 91-231.
Allowanres at remote works it's
Section 7 of the House bill amends section 5942 of title 5, United
States Code, to authorize an allowance, not to exceed $10 per day, at
remote worksitvs in order to defray expenses of civilian employees
assigned to duty at remote worksites.
Sectiuu 6 of the conference substitute includes comparable pro-
visions, but requires that such expenses (including hardship and in-
convenience) be above expenses normally encountered in metropolitan
Commuting.
Allowances for floating plant operations
Section 8 of the House bill adds it new section 5947 to title 5, United
States Code, authorizing an additional allowance for employees in the
Corps of Engineers engaged in floating plant operations when the
employees are prc'vcntetl front boarding the vessel under circumstances
beyond their control, such as hazardous weather conditions or while
the vessel is in a shipyard for repairs.
Section 7 of the conference substitute contains a comparable pro-
vision.
Nepotism in Postal Service
The House bill does not contain a provision on this subject.
Section 8 of the conference substitute amends section 410(b)(1) of
title 39, United States Code, as enacted by section 2 of the Postal
Reorganization Act (Public Law 91-375), to extend the nepotism
provisions of section 3110 of title 5, United States Code, to the new
ection 3110, in general, prohibits a
United States Postal Service. Section'
Approved For Release 2006/01/31 : CIA-RDP72-00337R000400070003-5
 Approved For Release 2006/01/31 :2CIA-RDP72-00337R000400070003-5
public official from appointing or advocating the appointment of any
individual who is a relative of the public official.
Section 8 also corrects an error in such section 410(b) (1) by striking
out the word "not" and inserting the word "no" in lieu thereof.
Supergrades
The Rouse bill contains no provision on this subject.
Section 9(a) of the conference substitute amends section 5108(c) of
title 5, United States Code, by adding a new paragraph (10) to author-
ize the Chief Judge of the U.S. Tax Court to place a, total of 5 positions
in GS-16, 17, and 18, without prior approval of the Civil Service
Commission. The Tax Reform Act of 1969 (Public Law 91-172)
eliminated the Tax Court of the United States as an. independent
agency in the executive branch and established a new U.S. Tax Court
as a court of record under article I of the Constitution.
Since the Tax Court has been taken out of the executive branch of
the Government, the U.S. Civil Service Commission has not allocated
any additional supcrgrades to the Court on the basis that the Court
should have its own quota of GS-16, 17, and 18 positions as is the case
for several other agencies not under the control of the executive
branch, such as the Comptroller General, the Director of the Adminis-
trative Office of the U.S. Courts, and the Library of Congress.
Section 9(b) authorizes 20 additional positions in grades GS-16,
GS-17, and GS-18 for allocation by the Civil Service Commission
among departments and agencies in the executive branch in accordance
with procedures established and administered by the Commission
Loader section 5108 of title 5, United States Code. The total number
of positions now authorized is 2,734 and this section will increase the
total to 2,754. By letter dated December 7, 1970, the Chairman of
the Civil Service Commission advised that a minimum of 30 new
positions is required to meet new critical needs occasioned by new
organizations and functions in the executive branch. Specific mention
was made of the needs for additional positions in these grades in the
Environmental Planning Agency, the Office of Telecommunications
Policy, the National Oceanographic and Atmospheric Administration
and the Inter-American Social Development Institute.
AMENDMENT TO THE TITLE
The title of the House bill reads:
"An act to implement the Federal employee pay comparability
system, to establish a Federal Employee Salary Commission and a
Board of Arbitration, and for other purposes.".
The conference substitute, in order to reflect the new provisions of
the substitute, amends the title to read:
"An act to amend title 5, United States Code, to authorize the
President to adjust the sates for the statutory pay systems, to
establish an Advisory Committee on Federal Pay, and for other
purposes.".
THADDEUS J. DULSKI,
DAVID N. HENDERSON,
ARNOLD OLSEN,
MORRIS K. UDALL,
ROBERT J. CORBETT,
DANIEL E. BUTTON,
Managers on the Part of the House.
O
Approved For Release 2006/01/31 : CIA-RDP72-00337R000400070003-5