TITLE VIII-REPORTS; LEGISLATIVE PROPOSALS

SEC. 801 (a) The Commission shall submit to the President of the United States, to the Speaker of the House of Representatives, and to the President of the Senate, not later than the last day of the first month which begins more than six months after the effective date of this Act, a statement with respect to all positions placed in the Scientific and Professional Schedule in accordance with section 401 (a) of this Act, including

(1) the total number of such positions placed in such schedule;

(2) a brief description of each classification series for such positions and number of positions in each such classification series;

(3) a comparative statement showing the basic compensation of such positions (A) immediately before and (B) immediately after such positions have been placed in the Scientific and Professional Schedule;

(4) a statement of the work of the Commission during the preceding two calendar years with respect to the placement of positions in, and the removal of positions from, the Scientific and Professional Schedule and the reasons therefor; and

(5) such other information as the Commission deems necessary to inform the Congress of actions taken under sections 401 and 701 of this Act or as may be requested by the Congress or an appropriate committee thereof. (b) Nothing contained in subsection (a) of this section shall require the resubmission of any information required by such subsection which previously has been reported pursuant to such subsection and which remains unchanged.

(c) Each report submitted by the Commission under subsection (a) of this section shall contain such proposals as have been approved by a majority of the Commissioners (prepared with due regard for the legislative forms and procedures of the Congress and in the light of reports, recommendations, and information developed in the manner provided by subsections (b), (c) and (d) of sectional 401. of this Act) or (A) the placement of positions in, or the removal of positions from, the Scientific and Professional Schedule and (B) amendment of this Act or for revision, adjustment, or modification of the scientific and professional position structure in the Federal Government.

(d) If any proposal is submitted by the Commission pursuant to subsection (c) of this section, the appropriate committee of the Senate and the appropriate committee of the House of Representatives to which such proposal is referred may, within ninety days after the date such proposal is submitted by the Commission, report to the Senate and to the House of Representatives, respectively, a concurent resolution (which shall be submitted by the Chairman or Acting Chairman of each such respective committees not later than thirty days after the date on which the report of the Commission is submitted) stating in substance that the Congress does, or does not, approve such proposal or any provision thereof. If the Congress passes a concurrent resolution stating that it favors such proposal, in whole or in part, such proposal if approved shall forthwith be presented to the President by the President of the Senate and the Speaker of the House of Representatives and, unless disapproved by the President within ten days (Sundays excepted) after it shall have been presented to him, it shall become effective on the first day of the first month which begins not later than sixty days after the date of passage of such concurrent resolution. If the Congress fails to pass any concurrent resolution reported under this subsection or passes a concurrent resolution stating that it does not favor such proposal, such proposal shall not become effective.

SEC. 802 (a) The provisions of this section are enacted by the Congress

(1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such they shall be considered as part of the rules of each House, respectively, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and

(2) with full recognition of the constitutional right of either House to change such rules (so far as relating to the procedure in such House) at any time, in the same manner and to the same extent as in the case of any other rule of such House.

(b) As used in this section, the term "resolution" means only a concurrent resolution of the two Houses of Congress which states in substance that the Congress does, or does not, favor a proposal, or any provision thereof, submitted by the Commission as provided in section 801 (c) of this Act for (A) the placement of positions in, or the removal of positions from, the Scientific and Professional Schedule or (B) amendment of this Act or revision, adjustment, or modi

fication of the scientific and professional position structure in the Federal Government.

(c) (1) When a resolution has been reported, it shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of such resolution. Such motion shall be highly privileged and shall not be debatable. No amendment to such motion shall be in order and it shall not be in order to move to reconsider the vote by which such motion is agreed to or disagreed to.

(2) Debate on the resolution shall be limited to not to exceed four hours, which shall be equally divided between those favoring and those opposing the resolution. A motion further to limit debate shall not be debatable. No amendment to, or motion to recommit, the resolution shall be in order, and it shall not be in order to move to reconsider the vote by which the resolution is agreed to or disagreed to.

(3) All motions to postpone consideration of a resolution, and all motions to proceed to the consideration of other business, shall be decided without debate.

(4) All appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution shall be decided without debate.

(d) If, prior to the passage of one House of a resoltuion of that House with respect to a proposal of the Commission, such House receives from the other House a resolution with respect to the same proposal, then

(1) if no resolution of the first House with respect to such proposal has been referred to committee, no other resolution with respect to the same proposal may be reported; and

(2) if a resolution of the first House with respect to such proposal has been referred to committee

(A) the procedure with respect to that or other resolutions of such House with respect to such proposal which have been referred to committee shall be the same as if no resolution from the other House with respect to such proposal had been received; but

(B) on any vote on final passage of a resolution of the first House with respect to such proposal the resolution from the other House with respect to such proposal shall be automatically substituted for the resolution of the first House.

TITLE IX-TRAVEL AND TRANSPORTATION EXPENSES FOR PRO

SPECTIVE EMPLOYEES

SEC. 901. In order to further the purpose of this Act, section 7 of the Administrative Expenses Act of 1946 (60 Stat. 808; 5 U. S. C., sec. 73b-3), as amended, is amended by inserting "(a)" after the section number and by adding at the end thereof new subsections as follows:

"(b) Appropriations for the departments shall be available, in accordance with regulations prescribed by the President, for

"(1) expenses of travel of persons selected for appointment to positions in the continental United States and Alaska within the purview of the Scientific and Professional Classification Act for which there is determined to be a manpower shortage, and

"(2) expenses of transportation of their immediate families and their household goods and personal effects

from their places of actual residence at time of selection to their first duty station, and for advances of funds to the extent authorized by section 1 (a) and (b) of this Act. Such travel expenses may include per diem and mileage allowance for persons selected for appointment as provided for civilian officers and employees by the Travel Expense Act of 1949, as amended. Travel and transportation expenses may be allowed whether the person selected for appointment has been appointed or not at the time of such travel.

"(c) Travel and transportation expenses authorized by subsection (b) of this section shall not be allowed unless the person selected for appointment shall agree in wrting to remain in the Government service for twelve months following his appointment unless separated for reasons beyond his control and acceptable to the department or agency concerned. In case of violation of such agreement, any moneys expended by the United States on account of such travel and transportation shall be recoverable from the individual concerned as a debt due the United States.

"(d) Appropriations for the departments shall be available in accordance with regulations prescribed by the President for expenses of travel while away from their homes or regular places of business of persons who are found qualified to perform in positions within the purview of the Scientific and Professional Classification Act for which there is determined to be a manpower shortage and who are invited by an agency or department to visit it for purposes connected with employment. Such travel expenses may include per diem in lieu of subsistence and mileage allowance as provided for civilian officers and employees by the Travel Expense Act of 1949, as amended."

TITLE X-GENERAL PROVISIONS

SEC. 1001. The Commission is authorized to issue such regulations as may be necessary for the administration of this Act.

SEC. 1002. In the administration of this Act there shall be no discrimination with respect to any person, or with respect to the position held by any person, on account of sex, marital status, race, creed, or color.

SEC. 1003. Nothing in this Act shall be construed to affect the application to employees subject to this Act of the veteran-preference provisions in the Civil Service Act, as amended, and the Veterans' Preferance Act of 1944, as amended. SEC. 1004. (a) Whenever reference is made in any other law to the Classification Act of 1949, as amended, in respect to any position or classes of positions which shall have been placed in the Scientific and Professional Schedule in the manner provided by this Act, such reference shall be held and considered to mean this Act. Whenever reference is made in any other law to a grade of the General Schedule of the Classification Act of 1949, as amended, in respect to any position or classes of positions which shall have been placed in the Scientific and Professional Schedule and allocated to a grade or grades of such schedule in the manner provided by this Act, such reference shall be held and considered to mean the appropriate grade or grades of such Scientific and Professional Schedule.

(b) The application of this Act to any position or employee shall not be affected by subsection (a).

SEC. 1005. There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.

TITLE XI-LAWS AND PARTS OF LAWS REPEALED

SEC. 1101. The following laws and parts of laws are hereby repealed: (1) Public Law 313, Eightieth Congress, as amended;

(2) Public Law 167, Eighty-first Congress, as amended;

(3) That part of the Act of January 3, 1946 (59 Stat. 675; 38 U. S. C. 15), which provides for the fixing of rates of compensation for positions of physicians, dentists, and registered nurses in the Department of Medicine and Surgery in the Veterans' Administration;

(4) That part of the Public Health Service Act (42 U. S. C. 210 (g)) which provides for the establishment and compensation of not more than sixty positions in the professional and scientific service;

(5) Those parts of the Act of August 4, 1947 (Public Law 330, Eightieth Congress; 61 Stat. 456), and section 14 (b) of the Act of January 3, 1946 (59 Stat. 675; 38 U. S. C. 15m (b)), as amended, which provide for the establishment and compensation of positions of medical or dental interns or residents in training;

(6) That part of the Act of April 24, 1948 (62 Stat. 198; 21 U. S. C., sec. 113a), which provides for the employment and compensation of not to exceed five technical experts or scientists; and

(7) Section 633 of the Department of Defense Appropriation Act, 1956 (69 Stat. 320; Public Law 157, Eighty-fourth Congress; 5 U. S. C., sec. 171d-2). SEC. 1102. All other parts of laws inconsistent with this Act are repealed to the extent of such inconsistency.

TITLE XII-EFFECTIVE DATE

SEC. 1201. This Act shall become effective on the first day of the first month after the month in which this Act is approved.

Senator NEUBERGER. We are very pleased to have the chairman of the full committee here who has a brief message for us. Senator Johnston.

The CHAIRMAN. I just stopped by to be with you as you opened these hearings. I regret very much that I cannot stay. I have another meeting, as you know, this morning. The Judiciary Committee is meeting and I will have to go on up there. But I did want to pay my respects to you and the subcommittee at this hearing.

I know that you will do a good job on this like you have done heretofore on assignments from the committee. I know you have something here that is really worthwhile. I think we all realize that we are not paying a proper and adequate salary to Federal employees. We have to meet competition outside and at the same time we have to meet the rising cost of living. That being so, we want to do what is right and just-that and nothing more. But we want to do that much and that is what I know you will do.

Senator NEUBERGER. Thank you, Mr. Chairman, we will do our best. I have a very short statement I would like to make as chairman of the subcommittee before we hear the first witness this morning.

I agreed to serve as chairman of the Federal Employees Compensation Committee with full appreciation that the assignment would be at the same time both arduous and challenging.

We cannot look forward to an easy or quickly gained solution. There are formidable obstacles before us. The path will not be smooth. However, I do not view the problems as being insurmountable. I am happy to accept the challenge.

It seems clear to me that the Government is at the crossroads: either we pursue a course that leads to the preservation of a Federal work force second to none in loyalty, ability, and efficiency or we take the path that leads to an inferior and-in the long run-a more costly Federal service. It is my firm conviction we should follow the former course. As a nation we cannot afford the temporary luxury of the latter.

I believe that if the Government is unable or unwilling to arrest the forces of inflation or stop the upward spiral of living costs, it has a solemn obligation to see that its own employees do not suffer disproportionately to non-Government workers.

Federal workers alone should not be the only ballast used to keep the ship of state on an even keel. Their plight and problems their needs and appetites are as real and as pressing as though they were employed in a non-Government activity.

It shall be the purpose of these hearings to develop the facts. I am confident when that has been accomplished, the course we should take will be clear.

We have witnesses here this morning representing the various Government agencies that are concerned with this crucial problem, but it is my understanding that we have a number of congressional witnesses and, in accordance with the long-standing custom of this committee and subcommittee, they will be heard first.

Our first witness this morning will be the junior Senator from the State of New York, Senator Jacob K. Javits. Senator Javits, we are pleased to have you here.

Mr. KERLIN. Mr. Chairman, Senator Yarborough, a member of the Federal Employees Compensation Subcommittee, is in Texas on official business in connection with the terrible floods that have occurred in that State. He is traveling all night tonight in order to be back here

tomorrow. In the meantime he is represented here today by his administrative assistant, Mr. Jim Boren.

Senator Langer, the third member of the subcommittee, is unable to attend due to illness. However, I am very happy to announce that he is not so ill but what he is aware of these hearings. He sent a personal message down that he is in complete sympathy with the efforts of this subcommittee to bring about an adjustment in the pay of Federal employees. He is represented here today by his assistant, Mr. Peter N. Chumbris.

Thank you.

Senator NEUBERGER. Thank you, Mr. Kerlin.

I want to say, of course, I know I speak for everybody here when we wish Senator Langer a complete and speedy recovery at a very early date and we are happy that he is continuing to take active interest in the problems of the subcommittee.

Of course we understand fully the tragic floods that have occurred. in Texas and that have caused Senator Yarborough to be away in his home State and we realize that he is at the post of duty for a Senator from Texas in this crisis. We hope he is back with us at an early date. Senator Javits, we will be pleased to hear from you.

STATEMENT OF HON. JACOB K. JAVITS, A UNITED STATES SENATOR FROM THE STATE OF NEW YORK

Senator JAVITS. Thank you, Mr. Chairman. I shall be very brief so that my other colleagues may state their views.

I do not conceive it my responsibility to argue the question here but only to give the committee such facts as may help it to come to a

conclusion.

The salient and unassailable fact, it seems to me, that has faced me in the last few months is not only the enormous mail on this subject which in itself is more signifiant than any mail I got when I was a Congressman and I was rather active in this field then. But, also, this mail is very heartfelt in character. This is really firsthand information from the heart, deep rooted in fact. I am going to give the committee a few examples, and this is almost as accurate a survey as I know of of what the people are enduring to whom we are supposed to do justice. Of course, it is elementary that they have got to look to us, the Congress, for justice and fair treatment, that they do not have the opportunity they have in private business; that only we can give them job security and other considerations which make up for the lack of that kind of entrepreneural opportunity which is identified with private industry.

Also, we do not encourage strikes or anything like that, where people can assert their economic rights, because we are supposed to be the Government and we are going to do justice to them. Therefore, Mr. Chairman, I am very glad to see, and the Chair knows that I am not given to saying this lightly, I am very glad to see such men as the chairman and my colleague from Kentucky on this committee who I know have a very deep human understanding of these problems.

Now, Mr. Chairman, I would like to add one corollary to the chairman's statement which I think was splendid, and that is that equally with the point made by the chairman it is also our national responsibility if we do not like the postal rates to change them and