AMEND FEDERAL SALARY ACT OF 1967 RELATING TO EXECUTIVE, LEGISLATIVE, AND JUDICIAL SALARY COMMISSION

TUESDAY, JULY 17, 1973

U.S. HOUSE OF REPRESENTATIVES,

COMMITTEE ON POST OFFICE AND CIVIL SERVICE,

Washington, D.C.

The committee met at 10 a.m. in room 210, Cannon House Office Building, Hon. Thaddeus J. Dulski (chairman of the committee) presiding.

Mr. DULSKI. The meeting will come to order.

This hearing on S. 1989 is being held by the full committee under Committee Rule 9(a), which provides that all matters under section 225 of Public Law 90-206, relating to the functions of the Commission on Executive, Legislative, and Judicial Salaries shall be considered by the full committee.

The appointment of members to the Commission on Executive, Legislative, and Judicial Salaries for fiscal year 1973 was completed by the President on December 11, 1972. The President's announcement of December 11, 1972, also stated, and I quote:

The President has requested that the Commission submit its report on June 30, 1973. The President will then make his recommendations to the Congress when he submits the 1975 budget in early 1974. The salary adjustments, if any, will thus go into effect in about March 1974, unless they are disapproved by either House of Congress.

The Commission has submitted its report to the President, but the President has not released any information on the report.

As a part of the review of salary adjustments for Members of Congress, justices and judges, and the top executives in the executive branch, arrangements were made for discussions between members of our committee and staff and members of the Commission and staff. The enactment of this legislation is based on suggestions made by the Chairman of the Commission during those discussions.

Favorable consideration of S. 1989 has the strong support of the Civil Service Commission, the Office of Management and Budget, and the Director of the Administrative Office of the U.S. Courts.

I will place copies of these reports in the record, together with a letter from the Postal Service, a copy of S. 1989, and a summary of the bill.

[The material follows:]

(1)

93D CONGRESS 1ST SESSION

S. 1989

IN THE HOUSE OF REPRESENTATIVES

JULY 12, 1973

- Referred to the Committee on Post Office and Civil Service

AN ACT

To amend section 225 of the Federal Salary Act of 1967 with respect to certain executive, legislative, and judicial salaries. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That section 225 of the Federal Salary Act of 1967 is 4 amended as follows:

5 (1) Strike out the first sentence of subsection (b) (3) 6 and insert in lieu thereof the following: "After the close 7 of the 1969 fiscal year of the Federal Government, persons 8 shall be appointed as members of the Commission with re

9 spect to the 1973 fiscal year and every second fiscal year 10 thereafter."

I

1

2

(2) In subsection (f) (A), immediately before “and”,

2 insert the following: "Delegates to the House of Representa

3 tives,".

4

(3) In subsection (f), strike out subparagraph (E) and

5 insert in lieu thereof the following:

6

7

8

9

10

11

12

13

3*

14

15

16

17

18

19

20

"(E) the Vice President of the United States, the Speaker of the House of Representatives, the President pro tempore of the Senate, and the majority and minority leaders of the Senate and House of Representatives, except that the review of rates of pay of positions included in this subparagraph shall be made commencing with fiscal year 1975."

(4) In subsection (g).

(A) strike out "and (D)" and insert in lieu thereof "(D), and (E)"; and

(B) strike out the last sentence and insert in lieu thereof the following: "Commencing with respect to fiscal year 1973, each such report shall be submitted on such date as the President may designate during the period from January 1 through June 30 of the fiscal year in which the review is conducted by the Commission."

(5) Subsection (h) is amended to read as follows:

"(h) RECOMMENDATIONS OF THE PRESIDENT WITH

24 RESPECT TO PAY.-Commencing in 1973, the President 25 shall transmit to Congress, not later than the August 31 first

3

1 occurring after the submission of the report and recommen2 dations of the Commission under subsection (g) of this 3 section, his recommendations with respect to the exact rates 4 of pay which he deems advisable, for those offices and 5 positions within the purview of subparagraphs (A), (B), 6 (C), (D), and (E) of subsection (f) of this section 7 (including recommendations to be effective in fiscal year 8 1974 in accordance with subsection (i) of this section with 9 respect to positions included in such subparagraph (E))." (6) Paragraph (1) of subsection (i) is amended to

10

11 read as follows:

12

"(1) Except as provided in paragraph (2) of this 13 subsection, all or part (as the case may be) of the recom14 mendations of the President transmitted to the Congress 15 under subsection (h) of this section shall become effective 16 at the beginning of the first pay period which begins after 17 thirty calendar days of continuous session of Congress fol18 lowing transmittal of such recommendations; but only to the 19 extent that, between the date of transmittal of such recom20 mendations and the beginning of such first pay period"(A) there has not been enacted into law a statute

21

222

23

24

which establishes rates of pay other than those proposed

by all or part of such recommendations;

"(B) neither House of the Congress has passed a

4 The continuity of a session is broken only by an adjournment 5 of the Congress sine die, and the days on which either House 6 is not in session because of an adjournment of more than 7 three days to a day certain are excluded in the computation 8 of the thirty-day period."

Passed the Senate July 9, 1973.

Attest:

FRANCIS R. VALEO,

Secretary.