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1975/08/09 HR2559 Postal Service Occupational Safety and Health Pay Adjustments for Government Officials
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1975/08/09 HR2559 Postal Service Occupational Safety and Health Pay Adjustments for Government Officials
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The original documents are located in Box 29, folder "8/9/75 HR2559 Postal Service
Occupational Safety and Health Pay Adjustments for Government Officials" of the White
House Records Office: Legislation Case Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
Digitized from Box 29 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
ACTION
APPROVED AUG 9-
Last Day: August 13
THE WHITE HOUSE
WASHINGTON
August 9, 1975
Posted (Vail Col.)
MEMORANDUM FOR
THE PRESIDENT
8/11
Jarthme
FROM:
JIM CANNON
SUBJECT:
8/12
H.R. 2559 - Postal Service Occupational
Safety and Health; Pay Adjustments for
Government Officials
Background
This bill requires the Postal Service to comply with the
Occupational Safety and Health Act and provides for annual
cost of living adjustments in the pay of Congressmen and
high level officials of the Executive and Judicial Branches.
The Postal Service indicates that it is in compliance with
OSHA standards and the bill would not add any additional
costs to its services. Your Administration has worked with
the Congress in the development of the pay aspects of the
legislation.
Additional background information is provided in OMB's
enrolled bill report at Tab A.
In addition to the agencies polled on this legislation,
OMB, Bill Seidman, Counsel's Office (Lazarus), Max Friedersdorf
and I recommend approval of the enrolled bill.
RECOMMENDATION
That you sign H.R. 2559 at Tab B.
GERALD LISBURY ? FORM
APPROVED AUG 9- PRESIDENT STATES UNITED
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
AUG 8 1975
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 2559 - Postal Service
occupational safety and health; pay
adjustments for Government officials
Sponsor - Charles H. Wilson (D) California
Last Day for Action
August 13, 1975 - Wednesday
Purpose
Requires the Postal Service to comply with the Occupational
Safety and Health Act; provides for annual comparability
adjustments in the pay of Congressmen and high level officials
and employees of the executive and judicial branches.
Agency Recommendations
Office of Management and Budget
Approval
Civil Service Commission
Approval (Signing
statement attached)
Department of Defense
Approval
Administrative Office of the
U.S. Courts
Approval
U.S. Postal Service
No objection
Discussion
H.R. 2559 as originally introduced dealt only with the
applicability of the Occupational Safety and Health Act (OSHA)
of 1970 to the Postal Service, which is Title I of the enrolled
bill. The Senate Committee on Post Office and Civil Service,
in reporting H.R. 2559, added a separate Title II, providing
for annual comparability pay adjustments for top Federal
officials tied to those for the Government's other employees.
2
As you know, Title II of the enrolled bill reflects the
results of discussions among leaders of all three branches
of the Government over the past several months aimed at
finding a means of breaking the 6-year freeze in executive
pay. In your letter of July 26 to the Speaker of the House
and the President of the Senate, you urged the Congress to
enact H.R. 2559 promptly, stating that "this action is
essential if we are to recruit and retain qualified and
competent senior-level people to conduct our Government's
business."
Inevitably, all of the congressional debate on the bill
centered around Title II--and particularly the pay adjust-
ments provided for Congress. The Senate passed the bill by
a vote of 58-29, but it barely squeaked through in the
House, 214-213.
Title I -- Postal Service/OSHA
Section 19 of OSHA requires Federal agencies to maintain
comprehensive occupational health and safety programs for
their employees. The Act does not explicitly apply to the
Postal Service but under its 1973 contract with the national
postal unions the Service obligated itself to comply with that
requirement of the Act. Title I of H.R. 2559 would simply
make this obligation a statutory requirement.
While the Postal Service has maintained that this part of
H.R. 2559 is unnecessary, it indicates no objection to
enactment.
Title II -- Executive Pay
This Title of the enrolled bill would provide for automatic
annual pay adjustments for Supreme Court justices and Federal
judges, Members of Congress, the Vice President, Cabinet
members, and certain other top officials in the three branches
of the Federal Government. It would tie the pay increases of
these officials to the comparability adjustments applicable
annually to Federal white collar employees. Accordingly, these
officials--approximately 785 executive branch officials, 560
Members of Congress and legislative branch officials, and
1,083 judges and judicial branch officials--will receive an
amount (rounded to the nearest $100) equal to the overall
percentage increase authorized each year for employees paid
under the General Schedule and other statutory systems.
3
The proposed adjustments would take effect at the same time
as those for General Schedule employees, which is the
beginning of the first applicable pay period commencing on
or after October 1 of each year. The amount and effective
date of these adjustments can be varied if the President
proposes an alternative plan which is not disapproved by
either House of Congress.
By providing for an upward adjustment in pay for Level V of
the Executive Schedule, which is now at the $36,000 ceiling,
the bill would also have the effect of providing a salary
increase for the approximately 14,600 senior civil service
employees and 600 senior military officers who have been
affected by that ceiling.
Title II would leave intact the regular mechanism for review
of Executive Level salaries established under the Federal
Salary Act of 1967, under which a Presidentially-appointed
commission, established quadrennially, makes recommendations
to the President for increases. The President's recommenda-
tions then are included in the next budget and become law
unless either House disapproves them.
In addition, H.R. 2559 would make several other changes in
pay law, as follows:
-- include the Vice President, the Speaker of the House
of Representatives, the President pro tempore of the Senate,
and the majority and minority leaders of both Houses of Congress
within the purview of the quadrennial salary review commission.
-- raise the ceiling on pay for employees of the Senate
from Level V of the Executive Schedule (currently $36,000) to
Level III (currently $40,000) ;
-- tie the salaries of certain legislative branch officials
such as the Comptroller General, the Librarian of Congress, and
the Public Printer, to the rates of pay for specific levels of
the Executive Schedule, thus allowing them to rise automat-
ically with any future increases in Executive Level salaries.
Presently, the compensation for these positions is specified
in law at a particular dollar rate.
As you noted in your July 26 letter, the officials and Members
of Congress covered by Title II of H.R. 2559 have received no
pay adjustment for more than six years. During this period
4
the cost of living increased by 47.5% and other Federal
employees as well as their counterparts in the private
sector received regular pay adjustments. Accordingly, the
purchasing power of officials subject to the executive
pay freeze declined by almost one-third. As a result of
the freeze, the Government has been losing many of its
most experienced judges and managers and professionals to
private industry or to early retirement. Indeed, such
employees are retiring early at three times the rate of
other employees.
The enrolled bill would not provide a "catch up" increase
to compensate for the 6-year hiatus, nor would it solve the
problem of compression at the higher career grades that has
resulted from the present system. H.R. 2559 does represent
a significant first step, however, and further action to
solve the problem will be addressed by the Panel on Federal
Compensation which you recently established and by the next
quadrennial commission.
Cost
The Postal Service indicates that since it is already
complying with the provisions of OSHA, Title I of the
enrolled bill would not result in additional costs.
Title II costs cannot be estimated precisely since they would
depend on the size of the comparability pay adjustment which
is scheduled to take effect next October 1. Based on a range
from 5% to 8.66%, the annualized cost could range from
approximately $31 million to $52 million. Assuming approval,
all executive branch agencies would be required to absorb the
additional costs without asking for supplemental appropria-
tions for the current fiscal year.
Recommendations
CSC, in recommending approval, states:
"While the annual Executive Schedule pay adjustments
that would be provided by this enrolled bill would
not be sufficient to bring the salaries of senior
Government officials up to a proper level, these
adjustments would at least keep these salaries from
falling even farther behind in the future, and
would thereby serve to stem the exodus of the
Government's best managers and professionals. "
5
We join with CSC and other agencies in recommending approval
of H.R. 2559. CSC has indicated that you may wish to issue
a signing statement on the bill, and has attached a draft of
such a statement to its views letter. However, in view of
the adverse reaction particularly to the congressional pay
raise, we recommend against a signing statement
Paul H. O'Neill
Acting Director
Enclosures
ADMINISTRATIVE OFFICE OF THE
UNITED STATES COURTS
SUPREME COURT BUILDING
WASHINGTON, D.C. 20544
ROWLAND F. KIRKS
DIRECTOR
WILLIAM E. FOLEY
August 1, 1975
DEPUTY DIRECTOR
Mr. James M. Frey
Assistant Director for Legislative
Reference
Office of Management and Budget
Washington, D. C.
Re: An act to amend title 39,
U.S. Code, to apply to the
U.S. Postal Service certain
provisions of law providing for
Federal agency safety programs
and responsibilities, to pro-
vide for cost-of-living
adjustments of Federal execu-
tive salaries, and for other
purposes - H.R. 2559
Dear Mr. Frey:
Attention: Ms. Ramsey, Room 7201 Executive Office Bldg.
Reference is made to your enrolled bill request
of August 1, 1975 relating to H.R. 2559. Although the
aforementioned bill has not been specifically considered
by the Judicial Conference of the United States, it is
the view of this office that the legislation carries out
the recommendations of the judiciary and, accordingly,
Executive approval is recommended.
William Deputy Sincerely, Giving Director E. Foley
UNITED
STATE
UNITED STATES CIVIL SERVICE COMMISSION
IN REPLY PLEASE REFER TO
CIVIL
SERVICE
COMMINSION
WASHINGTON, D.C. 20415
YOUR REFERENCE
August 4, 1975
Honorable James T. Lynn
Director
Office of Management and Budget
Attention: Assistant Director for
Legislative Reference
Dear Mr. Lynn:
This is in response to your request for the views and recommen-
dations of the Civil Service Commission on enrolled bill H. R.
2559, a bill "To amend title 39, United States Code, to apply to
the United States Postal Service certain provisions of law provid-
ing for Federal agency safety programs and responsibilities, to
provide for cost-of-living adjustments of Federal executive salaries,
and for other purposes.'
Title I of enrolled bill H. R. 2559 would amend section 410 (b) of
title 39, United States Code to bring the United States Postal Ser-
vice under the provisions of section 19 of the Occupational Safety
and Health Act of 1970. We defer to the views of the Postal Service
and the Department of Labor on this provision.
Title II of enrolled bill H. R. 2559 would provide for the annual
adjustment of the rates of pay of certain top officials in the ex-
ecutive, legislative, and judicial branches of the Federal Govern-
ment. These adjustments would be by a percentage amount (rounded
to the nearest $100) equal to the average percentage adjustment
of the rates of pay of the General Schedule under section 5305 of
title 5, United States Code. Title II would also raise the ceiling
on pay adjustments for employees of the Senate from level V of the
Executive Schedule to level III, and would add the salaries of the
Vice President, the Speaker of the House of Representatives, the
President pro tempore of the Senate, and the majority and minority
leaders of the Senate and the House of Representatives to the quad-
rennial review procedure established by section 225 of Public Law
90-206, the Federal Salary Act of 1967.
The Civil Service Commission strongly supports the purposes of
title II, and urges that the President sign enrolled bill H. R.
2559 into law.
MERIT PRINCIPLES ASSURE QUALITY AND EQUAL OPPORTUNITY
1883-1973
2
While the annual Executive Schedule pay adjustments that would
be provided by this enrolled bill would not be sufficient to bring
the salaries of senior Government officials up to a proper level,
these adjustments would at least keep these salaries from falling
even farther behind in the future, and would thereby serve to stem
the exodus of the Government's best managers and professionals.
We believe this legislation is of such significance that the
President may wish to issue a statement when he signs it into law.
We are enclosing a draft statement for this purpose.
By direction of the Commission:
Sincerely yours,
Robert Robert E. Hampton Hampby
Chairman
Enclosure
POSTA
UNITED STATES *
U.S.MAIL
SERVICE *
*******
LAW DEPARTMENT
Washington, DC 20260
August 5, 1975
Dear Mr. Frey:
This responds to your request for the views of the Postal Service with
respect to the enrolled bill:
H.R. 2559, "To amend title 39, United States Code, to apply
to the United Postal Service certain provisions
of law providing for Federal agency safety pro-
grams and responsibilities, to provide for cost-
of-living adjustments of Federal executive salaries,
and for other purposes. 11
1. Purpose of Legislation.
The primary purpose of this legislation,
as it affects the Postal Service, is to
make applicable to the Service, by
specific reference in title 39 U.S.C.,
section 19 of the Occupational Safety
and Health Act of 1970 (OSHA). In
addition, this legislation would increase
the maximum salary which the Postal
Service is authorized to pay. The
last sentence of 39 U.S.C. §1003(a)
provides that: "No officer or employee
[of the Postal Service] shall be paid
compensation at a rate in excess of the
rate for level I of the Executive Schedule
under section 5312 of title 5." The
salary for level I positions is $60,000
at the present time. The Postmaster
General is the only officer of the Postal
Service presently paid at this level.
2. Position of the Postal
Since the Postal Service is already bound
Service.
to and does comply with OSHA, the
Service adheres to the position stated in
its letter to Senator McGee, reporting
on H.R. 2559, that there is no need for
-2-
that aspect of the legislation, but
neither does the Postal Service object
to it. Additionally, the Postal Service
has no objection to the aspect of the
legislation which authorizes but does
not require the Postal Service to pay
higher maximum salaries under
39 U.S.C. § 1003 in accordance with
salaries set for level I of the Executive
Schedule.
3. Timing.
The Postal Service takes no position
with regard to the time of signing this
legislation.
4. Cost or Savings.
Requiring compliance with section 19
of OSHA will not result in additional
costs, since the Postal Service already
complies with this law. Authorization
to increase maximum salaries will
result in relatively insignificant increases
in the payroll costs of the Postal Service
since its effect on the Postal Service
will be limited to permitting modest
increases in pay of the Postmaster General
and perhaps a few other top officials.
5. Recommendation of
The Postal Service does not object to
Presidential Action.
approval of the bill by the President.
W Sincerely, allen Sanders
W. Allen Sanders
Assistant General Counsel
Legislative Division
Mr. James M. Frey
Assistant Director
Legislative Reference
Office of Management
and Budget
Washington, D.C. 20503
STATEMENT OF DETENSE
GENERAL COUNSEL OF THE DEPARTMENT OF DEFENSE
WASHINGTON, D. C. 20301
UNITED
STATES OF
AMERICA
August 5, 1975
Honorable James T. Lynn
Director, Office of Management
and Budget
Washington, D. C. 20503
Dear Mr. Lynn:
This is in reply to your request for the views of the Department
of Defense concerning H. R. 2559, an enrolled enactment.
The purpose of Title I of H. R. 2559 is to impose certain require-
ments on the Postmaster General so as to insure compliance with
the Occupational Safety and Health Act of 1970. The Department
of Defense offers no comment with regard to this portion of H. R. 2559.
The purpose of Title II of H. R. 2559 is to provide a minimal salary
adjustment for top executive, legislative, and judicial officers and
employees of the United States who last received an increase in com-
pensation in March of 1969. By doing so, it would also provide a
similar salary adjustment to approximately 600 senior military
officers and 14, 600 senior civil service employees on the General
Schedule who have been affected by the $36,000 ceiling on pay imposed
by section 5308 of title 5, United States Code.
The proposed adjustment would be an amount, rounded to the nearest
multiple of $100, equal to the adjustment in percentage of pay set forth
in the report transmitted to Congress under section 5305 of title 5,
United States Code, which pertains to annual adjustments in the rate
of pay under the General Schedule. The proposed adjustment would
take effect at the beginning of the first month in which the adjustment
authorized under section 5305 occurs. Unless altered by an alternative
plan proposed by the President, which is not disapproved by either
the Senate or House of Representatives, that adjustment would occur
as of the beginning of the first applicable pay period commencing on
or after October 1 of each year.
2
While Title II of the bill would not correct the pay gap which has
grown since 1969 or the problem of compression which has taken
place in the higher reaches of the Government's civilian salary
schedules and military pay rates, it would put a stop to the continued
growth of the pay gap occasioned by the increased cost of living since
March of 1969 and the pay adjustments which have occurred in other
segments of the economy over that period of time. It would provide
a cost-of-living type of relief to those officials, employees, and
military officers whose purchasing power has been eroded by almost
a third because of inflation. Accordingly, the Department of Defense
strongly favors the enrolled enactment and recommends that the
President sign it into law.
Sincerely,
Maitin Hoffmann D.Hoffman
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
8-8-309.m.
AUG 8 1975
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 2559 - Postal Service
occupational safety and health; pay
adjustments for Government officials
Sponsor - Charles H. Wilson (D) California
Last Day for Action
August 13, 1975 - Wednesday
Purpose
Requires the Postal Service to comply with the Occupational
Safety and Health Act; provides for annual comparability
adjustments in the pay of Congressmen and high level officials
and employees of the executive and judicial branches.
Agency Recommendations
Office of Management and Budget
Approval
Civil Service Commission
Approval (Signing
statement attached)
Department of Defense
Approval
Administrative Office of the
U.S. Courts
Approval
U.S. Postal Service
No objection
Discussion
H.R. 2559 as originally introduced dealt only with the
applicability of the Occupational Safety and Health Act (OSHA)
of 1970 to the Postal Service, which is Title I of the enrolled
bill. The Senate Committee on Post Office and Civil Service,
in reporting H.R. 2559, added a separate Title II, providing
for annual comparability pay adjustments for top Federal
officials tied to those for the Government's other employees.
2
As you know, Title II of the enrolled bill reflects the
results of discussions among leaders of all three branches
of the Government over the past several months aimed at
finding a means of breaking the 6-year freeze in executive
pay. In your letter of July 26 to the Speaker of the House
and the President of the Senate, you urged the Congress to
enact H.R. 2559 promptly, stating that "this action is
essential if we are to recruit and retain qualified and
competent senior-level people to conduct our Government's
business."
Inevitably, all of the congressional debate on the bill
centered around Title II--and particularly the pay adjust-
ments provided for Congress. The Senate passed the bill by
a vote of 58-29, but it barely squeaked through in the
House, 214-213.
Title I -- Postal Service/OSHA
Section 19 of OSHA requires Federal agencies to maintain
comprehensive occupational health and safety programs for
their employees. The Act does not explicitly apply to the
Postal Service but under its 1973 contract with the national
postal unions the Service obligated itself to comply with that
requirement of the Act. Title I of H.R. 2559 would simply
make this obligation a statutory requirement.
While the Postal Service has maintained that this part of
H.R. 2559 is unnecessary, it indicates no objection to
enactment.
Title II -- Executive Pay
This Title of the enrolled bill would provide for automatic
annual pay adjustments for Supreme Court justices and Federal
judges, Members of Congress, the Vice President, Cabinet
members, and certain other top officials in the three branches
of the Federal Government. It would tie the pay increases of
these officials to the comparability adjustments applicable
annually to Federal white collar employees. Accordingly, these
officials--approximately 785 executive branch officials, 560
Members of Congress and legislative branch officials, and
1,083 judges and judicial branch officials--will receive an
amount (rounded to the nearest $100) equal to the overall
percentage increase authorized each year for employees paid
under the General Schedule and other statutory systems.
3
The proposed adjustments would take effect at the same time
as those for General Schedule employees, which is the
beginning of the first applicable pay period commencing on
or after October 1 of each year. The amount and effective
date of these adjustments can be varied if the President
proposes an alternative plan which is not disapproved by
either House of Congress.
By providing for an upward adjustment in pay for Level V of
the Executive Schedule, which is now at the $36,000 ceiling,
the bill would also have the effect of providing a salary
increase for the approximately 14,600 senior civil service
employees and 600 senior military officers who have been
affected by that ceiling.
Title II would leave intact the regular mechanism for review
of Executive Level salaries established under the Federal
Salary Act of 1967, under which a Presidentially-appointed
commission, established quadrennially, makes recommendations
to the President for increases. The President's recommenda-
tions then are included in the next budget and become law
unless either House disapproves them.
In addition, H.R. 2559 would make several other changes in
pay law, as follows:
-- include the Vice President, the Speaker of the House
of Representatives, the President pro tempore of the Senate,
and the majority and minority leaders of both Houses of Congress
within the purview of the quadrennial salary review commission.
-- raise the ceiling on pay for employees of the Senate
from Level V of the Executive Schedule (currently $36,000) to
Level III (currently $40,000)
--- tie the salaries of certain legislative branch officials
such as the Comptroller General, the Librarian of Congress, and
the Public Printer, to the rates of pay for specific levels of
the Executive Schedule, thus allowing them to rise automat-
ically with any future increases in Executive Level salaries.
Presently, the compensation for these positions is specified
in law at a particular dollar rate.
As you noted in your July 26 letter, the officials and Members
of Congress covered by Title II of H.R. 2559 have received no
pay adjustment for more than six years. During this period
4
the cost of living increased by 47.5% and other Federal
employees as well as their counterparts in the private
sector received regular pay adjustments. Accordingly, the
purchasing power of officials subject to the executive
pay freeze declined by almost one-third. As a result of
the freeze, the Government has been losing many of its
most experienced judges and managers and professionals to
private industry or to early retirement. Indeed, such
employees are retiring early at three times the rate of
other employees.
The enrolled bill would not provide a "catch up" increase
to compensate for the 6-year hiatus, nor would it solve the
problem of compression at the higher career grades that has
resulted from the present system. H.R. 2559 does represent
a significant first step, however, and further action to
solve the problem will be addressed by the Panel on Federal
Compensation which you recently established and by the next
quadrennial commission.
Cost
The Postal Service indicates that since it is already
complying with the provisions of OSHA, Title I of the
enrolled bill would not result in additional costs.
Title II costs cannot be estimated precisely since they would
depend on the size of the comparability pay adjustment which
is scheduled to take effect next October 1. Based on a range
from 5% to 8.66%, the annualized cost could range from
approximately $31 million to $52 million. Assuming approval,
all executive branch agencies would be required to absorb the
additional costs without asking for supplemental appropria-
tions for the current fiscal year.
Recommendations
CSC, in recommending approval, states:
"While the annual Executive Schedule pay adjustments
that would be provided by this enrolled bill would
not be sufficient to bring the salaries of senior
Government officials up to a proper level, these
adjustments would at least keep these salaries from
falling even farther behind in the future, and
would thereby serve to stem the exodus of the
Government's best managers and professionals.
5
We join with CSC and other agencies in recommending approval
of H.R. 2559. CSC has indicated that you may wish to issue
a signing statement on the bill, and has attached a draft of
such a statement to its views letter. However, in view of
the adverse reaction particularly to the congressional pay
raise, we recommend against a signing statement.
(signed) Paul H. O'Neill
Paul H. O'Neill
Acting Director
Enclosures
ACTION
THE WHITE HOUSE
Last Day: August 13
WASHINGTON
August 8, 1975
MEMORANDUM FOR
THE PRESIDENT
FROM:
JIM CANNON
SUBJECT:
H.R. 2559 - Postal Service Occupational
Safety and Health; Pay Adjustments for
Government Officials
Background
This bill requires the Postal Service to comply with the
Occupational Safety and Health Act and provides for annual
cost of living adjustments in the pay of Congressmen
and high level officials of the Executive and Judicial
Branches. The Postal Service indicates that it is in
compliance with OSHA standards and the bill would not add
any additional costs to its services. Your Administration
has worked with the Congress in the development of the pay
aspects of the legislation. All of the agencies and advisers
polled on this matter approve of your signing this legislation.
The Civil Service Commission has indicated that you may wish
to issue a signing statement, but Paul O'Neill, Max Friedersdorf
and I recommend that you sign the bill without a statement
because of the negative public reaction to the Congressional
pay raise. Ken Lazarus of the Counsel's Office recommends a
modified signing statement, setting forth the joint views of
the President and Congress. See enrolled bill for further
details. (Tab C)
Decision
1. Sign H.R. 2559 (Tab A)
Recommend: Cannon, O'Neill, Lazarus, Civil Service
Commission, Bill Seidman, Administrative
Office of the U.S. Courts. U.S. Postal Service
has no objection.
Approve
Disapprove
2. Issue signing statement (approved by Paul Theis, Tab B)
Recommend for: Lazarus, Civil Service Commission
Recommend against: Cannon, O'Neill, Friedersdorf, Seidman
Approve
Disapprove
THE WHITE HOUSE
WASHINGTON
August 8, 1975
MEMORANDUM FOR:
JIM CAVANAUGH
FROM:
MAX L. FRIEDERSDORF MSDORF
SUBJECT:
H.R. 2559 - Postal Service Occupational
Safety and health pay adjustments for
government officials
The Office of Legislative Affairs concurs with the agencies
that the
subject bill be signed and that no signing
statement be issued.
Attachments
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: August 8
Time: 1130am
Dick Parsons
FOR ACTION:
Max Friedersdorf
NO
cc (for information):
Jim Cavanaugh
Ken Lazarus M ss
Jack Marsh
Paul Theis
Bill Seidman
FROM THE STAFF SECRETARY
DUE: Date: August 8
Time: 300pm
SUBJECT:
H.R. 2559 - Postal Service Occupational Safety
and health pay adjustments for government officials
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
May I also have your recommendation as to issuing a
signing statement. CSC recommends one, OMB does not.
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
K. R. COLE, JR.
telephone the Staff Secretary immediately.
For the President
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: August 8
Time: 1130am
Dick Parsons
FOR ACTION:
Max Friedersdorf
CC (for information):
Jim Cavanaugh
Ken Lazarus
Jack Marsh
Paul Theis
Bill sedman
FROM THE STAFF SECRETARY
DUE: Date:
August
Time:
1100
9
300pm
SUBJECT:
H.R. 2559 - Postal Service Occupational Safety
and health pay adjustments for government officials
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
May I also have your recommendation as to issuing a
signing statement. CSC recommends one, OMB does not.
opproval
agree OMB
your
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
James H. Cavanaugh
telephone the Staff Secretary immediately.
dent
THE WHITE HOUSE
WASHINGTON
August 8, 1975
MEMORANDUM FOR STAFF SECRETARY
FROM:
LYNN MAY hym as
SUBJECT:
H.R. 2559
Recommend approval of H.R. 2559, but concur with OMB that the signing
statement is inadvisable because of the public aversion to an increase in
the pay of Congressmen and bureaucrats.
cc:
Jim Cavanaugh
THE WI
ION MEMORANDEM
LOG NO.:
Date: August 8
Time: 1130am
Dick Parsons
FOR ACTION:
Max Friedersdorf
CC (for information):
Jim Cavanaugh
Ken Lazarus
Jack Marsh
Paul Theis
FROM THE STAFF SECRETARY
DUE: Date:
August 8
Time:
300pm
SUBJECT:
H.R. 2559 - Postal Service Occupational Safety
and health pay adjustments for government officials
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
May I also have your recommendation as to issuing a
signing statement. CSC recommends one, OMB does not.
Add Q 1975
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
II you have any questions or if you anticipate a
in submitting the required material, please
monsugh
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date:
August 8
Time: 1130am
Dick Parsons
FOR ACTION:
Max Friedersdorf
CC (for information):
Jim Cavanaugh
Ken Lazarus
Jack Marsh
Paul Theis
FROM THE STAFF SECRETARY
DUE: Date:
August 8
Time:
300pm
SUBJECT:
H.R. 2559 - Postal Service Occupational Safety
and health pay adjustments for government officials
ACTION REQUI STED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
-
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
May I also have your recommendation as to issuing a
signing statement. CSC recommends one, OMB does not.
Recommend approval of the bill and issuing a signing statement.
In the event the pay raise becomes a political issue in the future,
the President will have the benefit of a statement setting forth
his views. I would, however, suggest that the statement be
modified slightly to indicate that it sets forth the joint views
of the President and the Congress.
KEN LAZARUS 8/8/75
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
James iie Covenaugh
telephone the Staff Secretary immediately.
dont
THE WHITE HOUSE
STATEMENT BY THE PRESIDENT
I am today signing into law H. R. 2559, which will tie the salaries
of the Government's top officials in with the annual pay comparability
adjustments for the Government's other employees.
It has been more than six years since these executive branch officials,
judges, and members of Congress got a pay adjustment, and it has
become increasingly obvious that the salary levels we have had for
these jobs are no longer reasonable. The Government has been losing
many of its best managers and professionals to private industry or
to early retirement, and the Government's salary rates are now so
far below what other employers are paying for comparable work that
we have been having more and more difficulty finding qualified men
and women who will come and take these jobs as they fall vacant.
H. R. 2559 will give to these officials exactly the same pay raise
that is given to our white collar workers and to the military, under
the principle of pay comparability with private industry.
This law will not solve the problems that have arisen from the six-
year freeze on executive pay, but will keep these problems from getting
worse. Pay for our Federal executives will continue to be far below
what would be reasonable and equitable, but at least these executives
will not continue to fall farther and farther behind.
2
I have recently established a Panel on Federal Compensation, under
the chairmanship of the Vice President, to study our whole Federal
pay system, and I hope this panel will be able to recommend to me
suitable long-range reforms in the Government's executive pay
structure.
94TH CONGRESS
~
HOUSE OF REPRESENTATIVES
REPORT
1st Session
No. 94-271
OCCUPATIONAL SAFETY PROVISIONS FOR POSTAL
SERVICE EMPLOYEES
JUNE 10, 1975.-Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. CHARLES H. WILSON of California, from the Committee on
Post Office and Civil Service, submitted the following
REPORT
[To accompany H.R. 2559]
The Committee on Post Office and Civil Service, to whom was
referred the bill (H.R. 2559) to amend title 39, United States Code,
to apply to the United States Postal Service certain provisions of law
providing for Federal agency safety programs and responsibilities,
and for other purposes, having considered the same, report favorably
thereon without amendment and recommend that the bill do pass.
PURPOSE
The purpose of this legislation is to bring the Postal Service under
section 19 of the Occupational Safety and Health Act of 1970, so that
the Postmaster General will have the statutory responsibility to estab-
lish and maintain an effective and comprehensive occupational safety
and health program for the Postal Service.
SUMMARY
This legislation brings the Postal Service under the Occupational
Safety and Health Act of 1970. The Postmaster General will be re-
quired to establish and maintain an effective and comprehensive occu-
pational safety and health program for the Postal Service. He will be
required, after consultation with representatives of Postal Service
employees—
(1) to provide safe and healthful places and conditions of
employment;
(2) to acquire, maintain, and require the use of safety equip-
ment, personal protective equipment, and devices reasonably neces-
sary to protect Postal Service employees;
38-006
2
3
(3) to maintain records of all occupational accidents and ill-
steel, textile, automobile and shipbuilding industries has substantially
nesses; and
(4) to submit an annual report on the administration of the
lower accident rates than the Postal Service.
Postal union officials testifying at the hearing were severely critical
program to the Secretary of Labor.
of management's efforts in the safety' field.
"The truth of the matter is," said one union vice-president, "the
STATEMENT
U.S. Postal Service does not have a safety program of any substance.
The Committee knows of no opposition to this legislation. The
Rather it is a hit-or-miss educational program depending solely upon
Postal Service has no objection to the legislation but stated that in
'catch phrases' and slogans and not engaging in any constructive or
their view, the legislation was not necessary, in as much as they are
corrective actions."
complying with the basic requirements of the legislation.
In order to further investigate the questions raised at the oversight
The provisions of title 39, United States Code, relating to the Postal
hearing, Chairman Wilson directed his staff to examine first-hand
Service, specifically provide, under section 410, that, except as other-
safety standards at several postal facilities throughout the country.
wise specifically provided, no Federal law dealing with Federal officers
On November 26, 1973, "The Staff Report on the Inspection Tour
or employees shall apply to the Postal Service. The Occupational
of Selected U.S. Postal Service Bulk and Preferential Mail Centers"
Safety and Health Act of 1970 was not made specifically applicable
was issued by the Subcommittee on Postal Facilities, Mail, and Labor
to the Postal Service, Consequently, such 1970 act does not apply to
Management. The report indicated that problems were readily ap-
the Postal Service as a matter of law.
parent at many postal facilities.
The Postal Service is bound to comply with section 19 of the 1970
At the Kearny (N.J.) bulk mail facility the staff observed littered
act by virtue of Article XIV section 3.D of the July, 1973 collective
floors in work areas which created safety hazards, empty wall contain-
bargaining agreement with the National Postal Unions. The Postal
ers designed to hold safety educational materials, and unprotected
Service has been implementing the safety provisions of the 1970 act
receiving chutes where guard railings had been removed due to
as a result of the provisions of the collective bargaining agreement.
The Committee believes that the Postal Service should be brought
damage. It was also found that there were only two full-time safety officers
under the provisions of section 19 of the Occupational Safety and
on duty at the Kearny facility to oversee the safety needs of approxi-
Health Act of 1970, as a matter of law, and not leave it for a matter of
mately 2000 employees. The safety officers are obviously overworked
negotiations between the unions and the Postal Service.
and, admittedly can't do a proper job. The individual accident fre-
The provisions of the report bill are very simple and added one
quency rate of 13 per million man-hours bears this out.
more exclusion to section 410 of title 39, United States Code, providing
At the Cincinnati (Ohio) Main Post Office, the staff learned that
specifically that section 19 of the 1970 act shall apply to the Postal
three men served the safety needs of nearly 5000 employees at the
Service.
Main Post Office, as well as its 35 stations and branches, and its 176
BACKGROUND
offices in the Cincinnati District.
The report states:
The legislation, bringing the Postal Service under the 1970 safety
act rather than leaving it to a matter of collective bargaining, results
The safety officer for the Main Cincinnati Post Office comes
from concern expressed during oversight hearings held on May 24,
under the jurisdiction of the Labor Relations Officer for the
1973, by our Subcommittee on Postal Facilities, Mail, and Labor Man-
Cincinnati District. The Labor Relations Officer is regarded
agement, during the 93rd Congress under the Chairmanship of Mr.
by the (safety officer) as being arbitrary and unwilling to
Charles H. Wilson (Democrat-California), Committee Hearings No.
cooperate with a sound safety program.
93-16. The Subcommittee also issued a Staff Report entitled "Inspec-
A Cincinnati official was quoted as saying, "There is a ho-
tion Tour of Selected United States Postal Service Bulk and Preferen-
hum attitude about safety in the region." The individual ac-
tial Mail Centers", Committee Print No. 93-11.
cident frequency rate is almost double the rate for compa-
During the hearings on May 24, 1973, statistics were presented which
rable industries in the private sector.
revealed apparent shortcomings on the safety program.
The staff found at the Memphis (Tennessee) Post Office that two
The Deputy Assistant Secretary of Labor for Occupational Safety
safety officers manage the safety program for the 2,400 employees in
and Health (page 5 of hearings) noted that the average number of
the 260 district offices. The local postmaster said that he did not be-
lost work days per lost workday case in the private sector was 13,
lieve that two safety officers were sufficient to cover the area. The acci-
compared with 23 for the Postal Service. Further, he stated his belief
dent rate for vehicles in 1972 was 9 per million work-hours, and the
that the USPS needs professional safety experts because of the hazards
individual accident frequency rate was 13 per million work-hours.
in their employment, and that the Postal Service has a limited staff
The staff then concluded its investigative trip with a comparison
for that number of people,
tour of the United Parcel Service facility in Nashville, Tennessee.
Although a postal management representative testified that certain
According to the report the United Parcel Service employees "ap-
comparative safety figures showed the USPS doing a competent job,
peared to be highly motivated which resulted in good production per-
H.R. 271
H.R. 271
4
5
formance. Work areas were clean, parcels were carefully handled. The
The Postal Service is bound to comply with section 19 of OSHA by
individual accident rate was a low four per million work-hours."
virtue of Article XIV, section 3. D of the July 1973 collective bargain-
ing agreement with the national postal labor unions. In a January 29,
COST
1975, letter to the Postmaster General, Secretary of Labor Brennan
praised Postal Service Regional level OSHA compliance in the follow-
As indicated above in the report, the Postal Service currently is
ing terms: "We are pleased to report that our appraisal showed oper-
complying with section 19 of the Occupational Safety and Health Act
ational programs that were substantive and viable. We believe the
of 1970 on the basis of provisions of the collective bargaining agree-
policies, procedures, and regulations that you and your staff have
ment. In the view of the Committee, the legislation which will make
developed and implemented provide the necessary components for
compliance of the 1970 act a matter of law, will not result in any
conducting effective safety programs and meet or exceed the criteria of
increase in cost.
the Act and Executive Order 11807."
Before assuming its present contractual obligation, as a matter of
COMPLIANCE WITH CLAUSE 2(1) (3) OF RULE XI
policy, the Postal Service maintained full compliance with and partici-
The Subcommittee on Postal Facilities, Mail, and Labor Manage-
pation in the Federal agency safety and health program established by
ment conducted an oversight investigation of the safety program of
section 19. In fact, the Postal Service program received the second
the Postal Service during 1973, which is discussed in this report above.
place (Honorable Mention) award for Division 1 of the President's
The Committee has received no report from the Committee on
Safety Award competition for calendar year 1972, presented on Jan-
Government Operations of oversight findings and recommendations
uary 24, 1974.
in connection with the safety program. No estimate and comparison
Since the Postal Service already necessarily complies fully with sec-
of costs are necessary in connection with this bill, since there are no
tion 19 of OSHA, we see no need for, but have no objection to, legisla-
anticipated additional costs involved.
tion proposed by H.R. 2559 to make that compliance a specific require-
ment of title 39.
INFLATIONARY IMPACT STATEMENT UNDER CLAUSE 2(1) (4) OF
Sincerely,
RULE IX
W. ALLEN SANDERS,
Assistant General Counsel, Legislative Division.
Committee concludes that since there is no additional cost involved,
the bill will not have any inflationary impact on prices or cost.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
ADMINISTRATIVE VIEWS
In compliance with clause 3 of Rule XIII of the Rules of the House
The letter from the Postal Service dated March 3, 1975, in connec-
of Representatives, changes in existing law made by the bill, as re-
tion with this legislation, is set forth below.
ported, are shown as follows (existing law proposed to be omitted is
enclosed in black brackets, new matter is printed in italic, existing law
U.S. POSTAL SERVICE,
in which no change is proposed is shown in roman)
Law DEPARTMENT,
Washington, D.C., March 3, 1975.
SECTION 410 OF TITLE 39, UNITED STATES CODE
Hon. DAVID N. HENDERSON,
Chairman, Committee on Post Office and Civil Service, House of Rep-
410. APPLICATION OF OTHER LAWS.
resentatives, Washington, D.C.
(a) ***
DEAR MR. CHAIRMAN: This responds to your request for our views on
(b) The following provisions shall apply to the Postal Service:
H.R. 2559, to apply to the United States Postal Service certain provi-
(1) Section 552 (public information), section 3110 (restrictions
sions of law providing for Federal agency safety programs and
on employment of relatives), section 3333 and chapters 71 (em-
responsibilities.
ployee policies) and 73 (suitability, security, and conduct of em-
Section 410(a) of title 39 provides that with certain exceptions, "no
ployees), and section 5532 (dual pay) of title 5, except that no
Federal law dealing with public or Federal contracts, property, works,
regulation issued under such chapters or sections shall apply to
officers, employees, budgets, or funds shall apply to the exercise of
the Postal Service unless expressly made applicable;
the powers of the Postal Service." That language would appear to in-
(2) All provisions of title 18 dealing with the Postal Service,
clude section 19 of the Occupational Safety and Health Act of 1970 (29
the mails, and officers or employees of the Government of the
U.S.C. § 668) (OSHA). H.R. 12379 would amend 39 U.S.C. § 410(b)
United States;
to designate section 19 of OSHA as an express exception to the general
(3) Section 107 of title 20 (known as the Randolph-Sheppard
rule of 39 U.S.C. §410(a).
Act, relating to vending machines operated by the blind)
H.R. 271
H.R. 271
6
(4) The following provisions of title 40 :
(A) Sections 258a-258e (relating to condemnation proceed-
ings) ;
(B) Sections 270a-270e (known as the Miller Act, relating to
performance bonds).;
(C) Sections 276a-276a-7 (known as the Davis-Bacon Act, re-
lating to prevailing wages)
(D) Section 276c (relating to wage payments of certain con-
tractors)
(E) Chatper 5 (the Contract Work Hours Standards Act) ;
and
(F) Chapter 15 (the Government Losses in Shipment Act) ;
(5) The following provisions of title 41:
(A) Sections 35-45 (known as the Walsh-Healey Act, relating
to wages and hours) ; and
(B) Chapter 6 (the Service Contract Act of 1965) ; [and]
(6) Sections 2000d, 2000d-1-2000d-4 of title 42 (title VI, the
Civil Rights Act of 1964) [.]; and
(7) section 19.of the Occupational Safety and Health Act of
1970 (29 U.S.O. 668).
*
*
*
*
*
*
H.R. 271
94TH CONGRESS
SENATE
REPORT
1st Session
No. 94-333
POSTAL SERVICE COMPLIANCE WITH THE OCCUPA-
TIONAL SAFETY AND HEALTH ACT
JULY 25 (legislative day, JULY 21), 1975.-Ordered to be printed
Mr. McGEE, from the Committee on Post Office and Civil Service,
submitted the following
REPORT
[To accompany H.R. 2559]
The Committee on Post Office and Civil Service, to which was re-
ferred the bill (H.R. 2559)-To amend title 39, United States Code,
to apply to the United States Postal Service certain provisions of law
providing for Federal agency safety programs and responsibilities,
and for other purposes having considered the same, reports favorably
thereon with amendments and recommends that the bill as amended
do pass.
TITLE I
PURPOSE
Under the July, 1973, collective bargaining agreement with the
National Postal Unions, the Postal Service is bound to comply with
the applicable section of the Occupational Safety and Health Act of
1970. The purpose of H.R. 2559 is to reinforce this responsibility by
imposing upon the Postmaster General the statutory requirement that
he comply with the Act by establishing and maintaining an effective
and comprehensive occupational safety and health program for the
Postal Service.
BACKGROUND
With certain exceptions, the Postal Reorganization Act (section
410), provides that no Federal law dealing with public or Federal con-
tracts, property, works, officers, employees, budgets, or funds shall
apply to the exercise of the powers of the Postal Service. The Occu-
pational Safety and Health Act is not specifically applicable to the
Postal Service. Section 410(b) of title 39 lists laws which are excep-
tions to the general non-applicability provision. H.R. 2559 adds sec-
tion 19 of the Occupational Safety and Health Act of 1970 (29 U.S.C.
668) to the list of exceptions.
57-010 o
2
3
The addition of section 19 of the Occupational Safety and Health
AGENCY VIEWS
Act brings the Postal Service within the purview of that Act. Thus,
the Postmaster General would be required to establish and maintain
Following are the views of the Postal Service on H.R. 2559
an effective and comprehensive occupational safety and health pro-
gram. After consultation with representatives of Postal Service em-
U.S. POSTAL SERVICE,
ployees, the Postmaster General would be required:
LAW DEPARTMENT,
to provide safe and healthful places and conditions of
Washington, D.C., July 1, 1975.
employment.
Hon. GALE W. McGEE,
to acquire, maintain, and require the use of safety equipment,
Chairman, Committee on Post Office and Civil Service, U.S. Senate,
personal protective equipment, and devices reasonably necessary
to protect employees.
Washington, D.C.
to keep adequate record of all occupational accidents and ill-
DEAR MR. CHAIRMAN: This responds to your request for our views
nesses for proper evaluation and necessary corrective action.
on H.R. 2559, to apply to the United States Postal Service certain
to consult with the Secretary of Labor with regard to the ade-
provisions of law providing for Federal agency safety programs and
quacy as to form and content of the records kept.
responsibilities. This bill passed the House of Representatives on June
to make an annual report to the Secretary of Labor with re-
16, 1975, and is now before the Senate Committee on Post Office and
spect to occupational accidents and injuries and the Postal Serv-
Civil Service.
ice's health and safety program.
Section 410(a) of title 39 provides that with certain exceptions,
The Postal Service expresses no objection to the enactment of H.R.
"no Federal law dealing with public or Federal contracts, property,
2559, but views it as unnecessary, since the Postal Service is already
works, officers, employees, budgets, or funds
shall
apply
to
the
complying with the requirements of the legislation under its collective
exercise of the powers of the Postal Service." That language would
bargaining agreement with the National Postal Unions.
appear to include section 19 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. § 668) (OSHA). H.R. 2559 would amend 39
STATEMENT
U.S.C. § 410(b) to designate section 19 of OSHA as an express excep-
tion to the general rule of 39 U.S.C. § 410(a).
The Committee is concerned over the occupational safety and health
The Postal Service is bound to comply with section 19 of OSHA by
program of the Postal Service and believes that the program would be
virtue of Article XIV, section 3.D of the July 1973 collective bargain-
improved if compliance with the Occupational Safety and Health Act
ing agreement with the national postal labor unions. In a January 29,
were required by law rather than by negotiated agreement with the
1975, letter to the Postmaster General, Secretary of Labor Brennan
Unions. Hearings in 1973 conducted by the House Post Office and
praised Postal Service Regional level OSHA compliance in the fol-
Civil Service Committee's Postal Facilities, Mail, and Labor Manage-
lowing terms:
ment Subcommittee and a Staff Report issued by that Subcommittee
We are pleased to report that our appraisal showed operational
reveal lapses in the Postal Service's safety program-shortcomings
programs that were substantive and viable. We believe the poli-
which the Committee believes would be more expeditiously eliminated
cies, procedures, and regulations that you and your staff have de-
if compliance with safety standards were required by law.
veloped and implemented provide the necessary components for
The House Subcommittee hearings and Staff Report show
conducting effective safety programs and meet or exceed the cri-
The steel, textile, automobile, and shipbuilding industries have
teria of the Act and Executive Order 11807.
substantially lower accident rates than the Postal Service does.
Before assuming its present contractural obligation, as a matter of
Union officials were severely critical of Postal Service manage-
policy, the Postal Service maintained full compliance with and par-
ment's efforts in the field of safety.
ticipation in the federal agency safety and health program estab-
The Postal Service probably should increase its complement of
lished by section 19. In fact, the Postal Service program received the
professional safety experts.
second place (Honorable Mention). award for Division 1 of the Presi-
Unhealthy and unsafe conditions were noted by the House Sub-
dent's Safety Award competition for calendar year 1972, presented on
committee's staff at several Post Offices.
January 24, 1974.
Since the Postal Service already necessarily complies fully with
COST
section 19 of OSHA, we see no need for, but have no objection to,
Enactment of this measure will not result in increased costs to the
legislation proposed by H.R. 2559 to make that compliance a specific
Postal Service, since the Postal Service is currently complying with
requirement of title 39.
section 19 of the Occupational Safety and Health Act of 1970.
Sincerely,
W. ALLEN SANDERS,
Assistant General Counsel, Legislative Division.
4
5
TITLE II
day following the transmittal of his recommendations, unless Con-
gress enacts a conflicting law or specifically disapproves all or part of
PURPOSE
his recommendations.
The purpose of the amendment to H.R. 2559 which constitutes
The last pay adjustments provided for under this Act took effect
in March 1969. The most recent Commission was appointed by then-
Title II of the bill as reported is to provide a minimal salary adjust-
President Nixon in December, 1972, too late for it to include a review
ment for top executive, legislative and judicial officers and employees
of the United States who last received an increase in compensation in
and make a report by January 1, 1973. Thus, that report was delayed
March 1969. By SO doing, Title II would meet what the Comptroller
a year, being submitted to Congress on February 4, 1974. The Com-
General of the United States has called "a critical need. It also would
mittee on Post Office and Civil Service reported a resolution (S. Res.
provide a measure of relief to the increasing numbers of senior civil
293) on February 28, 1974, which would have permitted all pro-
service employees on the General Schedule affected by the $36,000 ceil-
visions of the President's proposal, except those providing adjust-
ing in effect now for 76 months.
ments in the pay of Members of Congress, to take effect. The Senate,
The adjustment proposed in each instance would be an amount,
however, amended the Resolution to disapprove all of the President's
rounded to the nearest multiple of $100 (or if midway between mul-
recommendations and thus rejected the entire proposal on March 6,
tiples of $100, to the nearest higher multiple of $100), equal to the
1974.
percentage set forth in the report transmitted to the Congress under
Prior to the events of early 1974, the Committee on Post Office and
section 5305 of title 5, which pertains to annual adjustments in the
Civil Service had reported a bill (S. 1989) which would have provided
rates of pay under the General Schedule. The adjustment would take
for a biennial review and adjustment, rather than a quadrennial review
effect at the beginning of the first month in which the adjustment
and adjustment, and which would have provided for the President's
under section 5305 occurs. Unless altered by an alternative plan pro-
recommendations to be submitted to Congress no later than August 31
posed by the President, which is not disapproved by either the Senate
of every second year beginning in 1973. That bill was passed by the
or House of Representatives, that adjustment occurs as of the begin-
Senate but failed in the House of Representatives.
ning of the first applicable pay period commencing on or after
Subsequent to the Senate's disapproval of the President's recom-
October 1 of each year.
mendations in 1974, hearings were held on proposed legislation with
While Title II of the bill would not correct the pay gap which has
respect to the rates of pay for Levels III, IV, and V of the Executive
grown since 1969 or the problem of compression which has taken place
Schedule and certain positions in the Legislative and Judicial
in the higher reaches of the Government's salary schedules, it would
branches, as well as legislation to provide for a unified system for mak-
put a stop to the continued growth of the pay gap occasioned by the
ing pay adjustments for all civilian employees and officers.
increased cost of living since March 1969 and the pay adjustments
which have occurred in other segments of the economy over that period
STATEMENT
of time. It would provide a cost-of-living type of relief to those offi-
The salaries of the Government's key personnel, including Cabinet
cials and employees whose purchasing power has been eroded by al-
most a third because of inflation.
officers, other presidential appointees, Members of Congress, the Fed-
eral Judiciary from the Chief Justice down, and, as the result of
It is anticipated that the matter of the pay gap will be reviewed by
the next Quadrennial Commission on Executive, Legislative, and
provisions of the law freezing other employees' salaries, about 14,600
Judicial Salaries during Fiscal Year 1977.
other employees covered by statutory pay systems and 600 officers of
the armed services, are fixed. For many, they have been fixed since
March of 1969.
BACKGROUND
In March of 1969 the Consumer Price Index stood at 108.0. In May
Salary adjustments for top-echelon officials of the Government are
of 1975 it stood at 159.3, up 47.5 percent. The effect has been to eat
provided for under the Federal Salary Act of 1967, which authorizes
away at the purchasing power of the affected officers and employees.
a Commission on Executive, Legislative, and Judicial Salaries, whose
By Máy 1975, according to information supplied the Committee by
function is to study and review the compensation of the personnel
the General Accounting Office, individuals holding these positions
affected and report its recommendations to the President no later than
had lost almost a third of the purchasing power of their March 1969
January 1 of the year following the close of the fiscal year in which
salaries.
the Commission is appointed to make its quadrennial review.
The President then makes his recommendations on the rates of pay
March 1969
May 1975
for the offices and positions with which the Commission is concerned
Executive level
salary
purchasing power
to the Congress, including those recommendations in his Budget
$60,000
$40,680
message. The President's recommendations become effective at the
42,500
28,815
beginning of the first pay period which begins after the thirtieth
40,000
27,120
IV
38,000
25,764
36,000
24,408
6
7
To put it another way, a Level V official would have to earn about
Accounting Office has pointed out in a paper presented to the Com-
1969. $53,000 a year just to maintain the same standard of living he had in
mittee, "The salary ceiling along with cost-of-living adjustments for
Federal retirees has provided increased incentives for eligible execu-
Since the last salary adjustment for personnel on the Executive
tives to retire."
Schedule or in comparable Legislative or Judicial posts, General
Between November 1, 1974, and February 1, 1975, the retirement
Schedule empolyees have received seven pay raises accumulating to
rate of eligible Government executives was almost 300 percent higher
about 50 percent. As a result, increasing numbers of employees in the
than the Government-wide average. And they retire at a younger age,
General Schedule are affected by the pay limitation provision, 5 U.S.C.
resulting in added costs to the retirement fund. The GAO reports that
5308, which provides that General Schedule employees may not be paid
at least seven former Government officials now receive annuities
at a rate in excess of the basic rate for Level V of the Executive Sched-
greater than $36,000.
ule, which has been $36,000 for the past 76 months.
Between now and the end of the month many more key personnel
This salary compression weakens two statutory principles-equal
will retire because of this anomaly. The Commissioner of Social Secu-
pay for equal work and the maintenance of proper pay distinctions in
rity, in a June 25, 1975, memorandum to the Secretary of Health, Ed-
keeping with responsibility. A June 1974 study by the Civil Service
ucation, and Welfare, sketched the following state of affairs in but one
Commission showed that intergrade differentials between private sec-
agency:
tor equivalents to GS-15 to GS-18 were as follows:
THE COMMISSIONER OF SOCIAL SECURITY,
Baltimore, Md., June 25, 1975.
Percentage
Between grades:
differential
GS-15 and GS-16
Note for the Secretary.
24. 6
GS-16 and GS-17
Enclosed is a summary of retirements from key positions that will
26. 3
GS-17 and GS-18
27. 5
occur between now and the end of next month-the deadline for the
The same situation applies to the Federal Judiciary. Attorney's
1975 benefit increase on CSC retirement.
salaries, as surveyed by the United States Department of Labor, have
In all, there are eight definite and one probable. Four of the nine are
risen 43.9 percent since 1969, while the salaries of U.S. Judges have not
Regional Commissioners (leaving five).
risen at all. Salaries of State Chief Judges have increased 44.2 per-
The two top posts below the Commissienr-the Deputy Commis-
cent in the same period, and, whereas in 1969 only one state (New
sioner (Art Hess) and the Associate Commissioner for Operations
York) paid its judiciary at a rate greater than the pay of a United
(Hugh McKenna)-will be vacated. (To make matters worse, the next
States District Court Judge, there now are 20 states compensating
highest post, the Associate Commissioner for Program Policy and
their judges at rates equal to or greater than the pay of Federal Dis-
Planning, has been vacant for some time. Our top candidate backed
trict Court Judges.
out at the last minute to take an offer outside of Government paying
Another study entitled, "Report of Special Survey of Level of Qual-
$14,000 more than we can offer.)
ity of Patient Care at Veterans' Administration Hospitals and Clin-
In all (counting the probable), we are losing nine out of our top
ics," relating to the pay of physicians, dentists, and nurses in V.A.
nineteen supergrade posts at one time-in the midst of a major re-
Hospitals, includes the following recommendation:
organization and in the midst of one of the heaviest workload and
policy choice periods ever faced by SSA. While some of the retirements
In the opinion of the Task Force, the top priority to be
would have occurred sooner or later due to age (SSA's top staff has
considered is remuneration for physicians.
been allowed to stratify too much at one age level), all of the retirees
We recommend that legislative action be sought in the cur-
cite dollars and cents advantages of retirement over work (and the lack
rent session of the Congress to obtain incentive pay for phy-
of any prospect for a raise in Federal salaries) as at least one of their
sicians, dentists, and nurses. Such actions are critically im-
reasons for retiring now. Seven out of nine cite the Federal salary
portant because the pay raise anticipated in October, 1974,
versus retirement increases as the only reason for leaving at this time.
will have no benefit for 1,850 physicians and dentists and
As you can see from the enclosed listing, all of the men will draw
an additional 835 will not be able to realize the full percent-
high retirement incomes compared to their present fixed salary of
age increase of the raise due to the $36,000 per annum salary
$36,000.
restriction. If improved remuneration is not forthcoming in
the next few months, we are convinced that the VA's ability
This is not smart government.
It's not smart economics.
to recruit well-qualified physicians will be seriously impaired
For that matter, it's not smart anything.
and there will be an acceleration of resignations and conver-
I know that you have tried to help, but I am personally discouraged
sions to part-time employment for economic reasons.
that any of us has any real chance of stopping the present trend in
The Committee is aware of any number of anomalous situations
either salaries or retirements.
created by the present $36,000 pay ceiling. Continuation of a policy
JAMES B. CARDWELL.
which can only progressively wipe out pay distinctions can only erode
Enclosure.
morale within the work force and have a negative effect upon the
P.S. Since this was written, one more retirement has been received.
career incentives of people in key positions. Indeed, as the General
8
9
Nor is the Social Security Administration alone. Consider these re-
cent developments:
The Committee agrees with Commissioner Cardwell of the Social
Since November of 1973, eight Federal judges with lifetime tenure
Security Administration that this is not smart government, not smart
have resigned to return to private life and some have very specifically
economics, not smart anything.
stated that the reason for their decision was the freeze on salaries. So
far as the record can be determined, one would have to go back from
COMMITTEE ACTION
1973 to at least 1941 to equal the judicial retirement record of the past
Hearings of the Committee on Post Office and Civil Service were
20 months. The latest example comes from New Orleans, where the re-
held on S. 1989 in the 93rd Congress on June 26, 1973, and on S. 3049,
tirement of Judge James Comiskey of the Eastern District of Louisi-
S. 3550 and S. 3551 in the 93rd Congress on June 19 and 20, 1974. The
ana became effective June 16. He left to become the president of a
banking concern.
Committee ordered H.R. 2559 as amended reported by a vote of 6-3,
with Senators Randolph, Burdick and Bellmon voting in the negative,
An individual declined appointment to a Department of Com-
merce's GS-16 Associate General Counsel position in order to ac-
after defeating two proposed amendments. The first proposed amend-
ment, by Senator Randolph, would have delayed application of Title
cept a position paying $50,000 in private industry.
II to Members of Congress only until January 1977. The second
Six individuals declined the Library of Congress's S-17 posi-
tion of Senior Specialist in Taxation and Fiscal Policy because
amendment, by Senator Burdick, would have extended the benefits
of Title II to members of the Federal Judiciary only.
they were all earning higher salaries in their present employment.
Two candidates said they could not afford to accept HEW's
SECTIONAL ANALYSIS OF TITLE II
GS-18 position of Director, National Institute on Aging at the
National Institutes of Health because of the pay limitation. One
Section 202 of the bill provides a new method for annual adjustment
individual, currently with NIH, refused promotion to this posi-
of rates of pay for each level of the Executive Schedule. The adjust-
tion because he would not have received any increase in pay.
ment would become effective whenever a comparability adjustment is
In June 1975, six of the Department of Treasury's 12 top of-
made under 5 U.S.C. 5305 in the statutory salary systems (normally
ficials announced their departures. The Under Secretarye of the
in October of each year). The amount of the adjustment would equal
Treasury for Monetary Affairs resigned his $40,000 post because
the percentage of the comparability adjustment, rounded to the nearest
he said he was "broke". He said there were no reasons for leaving
$100.
other than the need to replenish his "flat pocketbook."
Section 203 relates to the salary of the Vice President and provides
HEW's GS-17 Associate Administrator for Planning, Re-
a method for the automatic adjustment of the rate of pay for the Vice
search, and Training resigned to accept a higher-paying job in
President under a formula identical to the formula prescribed for the
private enterprise.
Executive Salary Schedule.
The GS-18 Executive Director of the Federal Power Com-
Section 204 covers the rates of pay for Members of the Congress and
mission retired to seek employment in private enterprise because
officials of the legislative branch and includes in 204 (d) an amendment
of the executive salary ceiling.
to the Federal Pay Comparability Act of 1970 to reflect the level of
NASA's Associate Administrator resigned to accept a position
pay currently authorized for certain officers and employees of the
in the private sector and in leaving indicated a dissatisfaction
legislative branch. The section provides that the pay of the affected
with Federal salary levels.
Members, officials and employees would be adjusted under the same
The Executive Director and the General Counsel of the Civil
formula used for the Executive Salary Schedule.
Service Commission retired because of the freeze on supergrade
Section 205 relates to the salaries in the judicial branch, which also
pay.
would be adjusted under a formula identical to that used for the
Five top officials of the Social Security Administration an-
Executive Salary Schedule.
nounced their retirement because staying on in the frozen pay
Section 206 would correct an oversight in the Federal Salary Act
levels would deny them cost-of-living increases as retirees.
of 1967, title II, Public Law 90-206, so as to include the offices of Vice
Four GS-16 Administrative Law Judges in the Federal Trade
President and certain legislative branch officials within the purview
Commission retired indicating their decisions were influenced by
of the quadrennial salary review of the Commission on Executive,
the effect of the salary ceiling on their annuities.
Legislative, and Judicial Salaries. It also provides that the salaries
During January to May 1975, the Department of Defense
of those offices may be adjusted as are other legislative branch salaries
reported that the salary ceiling was an important part of the
under the provisions of this bill.
decisions of 17 executives to resign or retire, three employees to
refuse promotions, reassignments, or transfers, and 22 individuals
to decline Government job offers.
10
11
COSTS
These cost figures are computed on the basis of an average increase
Cost estimates are based on the following accounting of affected
of $3,200 for the top officials and an increase of $2,880 for employees
personnel:
affected by the pay ceiling. The total is less than estimated in the Comp-
troller General's report which uses a cost of approximately $6.5 million
NUMBER OF EMPLOYEES
Executive schedule
for each 1 percent or a total of $52 million.
Level
12
The actual range of possible increases in the General Schedule at this
Level II
53
time runs from 8.6 percent to 5 percent, the latter representing a possi-
Level III
102
ble ceiting which the President might recommend as an alternative.
Level IV
347
Level V
271
Thus, the annualized cost could range from approximately $52 million
to approximately $31 million, depending upon future developments.
Total
785
Future annual costs would be dependent upon the results of annual
Legislative (Members and top officials)
560
pay comparability studies.
Judicial :
The executive branch has advised that since the top executive salaries
Chief Justice of the United States
1
and the employees affected by the compression are spread throughout
Associate Justices, Supreme Court
10
the entire executive branch, all costs for the executive branch will be
Judges, Circuit Court of Appeals
144
absorbed by each applicable agency without any requests for addi-
Judges, Court of Claims
10
Judges, Court of Military Appeals
3
tional appropriations for the current fiscal year.
Judges, Court of Customs and Patent Appeals
6
Judges, District Courts
502
AGENCY VIEWS
Judges, Customs Court
12
Judges, Tax Court of the United States
22
Excerpted from the 1974 Annual Report of the United States Civil
Administrative Assistance to Chief Justice
1
Service Commission
Director, Federal Judicial Center
1
Director, Administrative Office of the U.S. Courts
1
Pay systems
Deputy Director, Administrative Office of the U.S. Courts
1
Commissioners, Court of Claims
16
Nothing is more basic to sustained effective work than fair pay.
Referees in Bankruptcy (full-time maximum)
190
Under the Federal Pay Comparability Act the salaries of Federal
Referees in Bankruptcy (part-time maximum)
30
white collar employees are periodically realigned to keep them com-
U.S. Magistrates
133
parable with similar jobs in private industry.
Total
1, ,083
The Civil Service Commission took action during FY 1974 to make
Affected by $36,000 ceiling
certain that the basic process by which pay comparability is deter-
Executive branch
mined is sound, and fair to both employees and taxpayers. During the
General Schedule
8, 750
year the Commission initiated no less than a dozen separate studies,
Veterans Schedule
2, 000
Foreign Service Schedule
1, 300
examining each phase of the comparability process. Previous studies
Others
2, 100
indicate present methods of determining comparability are reasonably
Judicial branch
350
accurate. But in the future, as the result of these new studies, the Gov-
Legislative branch
100
ernment will be able to set Federal salaries that are comparable with
Total
144, 600
those in the private sector to a very high degree of accuracy, supported
on a thoroughly sound statistical basis.
In addition to the above, there are 600 officers in the armed services
Pay for executives and managers in the Federal service presents a
whose pay is limited by the $36,000 ceiling.
severe problem. Because employees at the top of the regular pay sched-
The October 1975 comparability increase for employees on the Gen-
ule and those in the executive levels are fixed by law and tradition into
eral Schedule is estimated at about 8 percent. On that basis, the in-
a strict relationship with Congressional pay, and since Congress has
creased cost to the Government as the result of passage of Title II of
been reluctant to raise its own pay in recent years, FY 1974 saw another
H.R. 2559 would be $49.7 million, broken down as follows:
12 months go by without an increase in the pay of executives. Because
In millions
the General Schedule of graded pay levels continually rises to main-
Executive schedule
$2. 4
tain comparability with private sector salaries, and executive pay is
Legislative
1.8
effectively frozen, there is increasing compression at the top. One effect
Judicial
3.5
Affected by compression
42. 0
of this compression is to place an increasing number of reporting levels
at the same pay level.
Total
49. 7
12
13
Top Federal managers, scientists, and engineers in jobs that would
GENERAL ACCOUNTING OFFICE
pay $50,000 to $70,000 in private employment, as shown by our studies,
have been at $36,000, without a raise, for 3 to 5 years. As a result the
THE EXECUTIVE PAY PROBLEM IS BECOMING INCREASINGLY CRITICAL
Government is losing some of its most talented and experienced man-
THE EXECUTIVE PAY PROBLEM IS BECOMING INCREASINGLY
agers and other professionals. The Commission continues to urge the
CRITICAL
Congress to correct this situation, which saves a minimal amount in
comparison with the overall Federal payroll, and costs the taxpayers a
In February 1975, we reported to the Congress that there
considerable investment in top-rank employees who are greatly needed
was a critical need for a better system for adjusting top ex-
to meet the demands for effective governmental operations.
ecutive, legislative, and judicial salaries. As we reported, the
impasse on adjusting top officials' salaries has frozen salaries
COMPTROLLER GENERAL OF THE UNITED STATES,
since March 1969 for Members of Congress, judges, Presiden-
Washington, D.C., July 15, 1975.
tial and other appointees, and about 14,700 career civil service
Hon. GALE W. McGEE,
personnel.
Chairman, Committee on Post Office and Civil Service,
The quadrennial review and adjustment process has failed.
U.S. Senate.
It is much too long a period in our dynamic economy. In-
creases should be automatic. The last increase was proposed
DEAR MR. CHAIRMAN: On February 25, 1975, we issued a report to
in 1974. A significant percentage increase was needed but the
the Congress emphasizing the critical need for a better system for ad-
justing top executive, legislative, and judicial salaries. This report
Senate rejected the President's proposed three stage increase.
Failure to adjust top officials' salaries and resultant compres-
pointed out that there has been no adjustment in such salaries since
sion in other systems create great inequities and are having
March 1969, and concluded that the provisions of the Federal Salary
Act of 1967, which contemplated that salary adjustments for such
serious adverse effects on recruitment, retention, and incen-
tives for advancement throughout the Federal service.
positions would be made every four years, have failed.
To date, no action has been taken on the General Account-
To date, no action has been taken on our recommendation that im-
mediate legislation be enacted to reform the salary adjustment process
ing Office recommendation that legislation be enacted to re-
for top officials. We recommended that a new process should provide
form the salary adjustment process for top officials. This
that salaries be adjusted annually on the basis of either the annual
paper updates information included in our February report
which shows that the situation continues to worsen for Fed-
change in the cost-of-living index or the average percentage increase in
General Schedule salaries and that these pay levels be periodically
eral executives and their employing agencies and promises to
deteriorate even further.
reviewed by an independent commission.
Under the current quadrennial review and adjustment process, the
Erosion of purchasing power
next earliest possible adjustment could not occur until 1977. We be-
Inflation has continued to erode the purchasing power of
lieve that if adjustments are not made before then, the adverse effects
executive, legislative, and judicial salaries. By May 1975,
on recruitment, retention, and incentive for advancement throughout
individuals holding these positions had lost almost a third of
the Federal service will continue to cause serious damage to the capa-
the purchasing power of their March 1969 salaries.
bility to manage Federal programs economically and effectively.
Enclosed is an updated synopsis of information included in our
February report showing that the situation continues to worsen for
Executive level
March 1969
May 1975 pur-
salary
chasing power
Federal executives and their employing agencies and promises to de-
teriorate even further.
$60,000
$40,680
We trust that this information will assist the Congress in its con-
42,500
28,815
40,000
27,120
sideration of this matter.
38,000
25,764
36,000
24,408
Sincerely yours,
ELMER B. STAATS,
Comptroller General of the United States.
To put it another way: a Level V official would have to earn
Enclosure.
about $53,000 a year just to maintain the same standard of
living he had in 1969.
S. Rept. 94-333 2
14
15
The compression problem is becoming more severe
Between November 1, 1974, and February 1, 1975, the re-
Since March 1969, General Schedule employees have re-
tirement rate of eligible Government executives was almost
ceived seven pay raises accumulating to about 50 percent. Esti-
300 percent higher than the Government-wide average. The
mates of the General Schedule increase, scheduled for October
greatest number of retiring executives was in the 55 to 59 age
1975, run as high as nine percent. While the President has
group. The greatest number of total retirements among all
indicated a desire to hold the raise to five percent, additional
employees was in age group 62 and over. The earlier retire-
employees will reach $36,000 regardless of the percentage
ments of Government executives result in added costs to the
increase.
retirement fund in addition to the cost of their replacements.
At least seven former Government officials now receive an-
Percent of employees at $36,000
nuities greater than $36,000.
If October raise is-
Current
GS
pay rates
5 percent
9 percent
CHANGES IN EXISTING LAW
100
In compliance with subsection 4 of rule XXIX of the Standing
17
100
16
100
Rules of the Senate, changes in existing law made by the bill as re-
15
19
62
ported are shown as follows (existing law in which no change is
14
3
proposed is shown in roman; existing law proposed to be omitted is
enclosed in black brackets; new matter is shown in italic)
Non-Federal executives have received substantial pay
increases
TITLE 39, UNITED STATES CODE
From 1969 through 1974, non-Federal executives' salaries
increased about 37 percent and were projected to increase an-
other 10 percent during 1975. Similarly, senior civil service
§ 410. Application of other laws.
employees in other countries have had substantial pay in-
(a)
creases since 1969. The pay of top government positions in
(b) The following provisions shall apply to the Postal Service:
England, Germany, and Italy increased anywhere from 50
(1) Section 552 (public information), section 3110 (restrictions
to 150 percent between 1969 and 1975. Many officials in these
on employment of relatives), section 3333 and chapters 71 (em-
countries now receive more compensation than their U.S.
ployee policies) and 73 (suitability, security, and conduct of em-
counterparts. These officials generally received pay increases
ployees), and section 5532 (dual pay) of title 5, except that no
at the same time increases were given the lower paid civil
regulation issued under such chapters or sections shall apply to
servants.
the Postal Service unless expressly made applicable;
Retirement is more financially attractive than continuing
(2) All provisions of title 18 dealing with the Postal Service,
to work
the mails, and officers or employees of the Government of the
The salary ceiling along with cost-of-living adjustments for
United States;
Federal retirees has provided increased incentives for eligible
(3) Section 107 of title 20 (known as the Randolph-Sheppard
executives to retire. Since the last salary increase for top
Act, relating to vending machines operated by the blind)
officials, retirees have received increases of approximately 55
(4) The following provisions of title 40:
percent. Another increase of 5.1 percent will be granted to
(A) Sections 258a-258e (relating to condemnation proceed-
retirees on August 1, 1975. Employees who retire by this date
ings);
will also have the 7.3 percent increase of January 1, 1975,
(B) Sections 270a-270e (known as the Miller Act, relating to
considered in their annuity calculations. For example, if a
performance bonds) ;
GS-18 with 30 years of service had retired in December 1974,
(C) Sections 276a-376a-7 (known as the Davis-Bacon Act, re-
his annual annuity after the August adjustment would be
lating to prevailing wages)
$23,843. If he continues to work through July 1975, his an-
(D) Section 276c (relating to wage payments of certain con-
nuity on August 1, 1975, would be $22,836. If he retires after
tractors);
July 1975, his annuity would be only $21,724-$2,119 less than
(E) Chapter 5 (the Contract Work Hours Standards Act);
if he had retired in December and $1,112 less than if he had
and
retired in July.
16
17
(F) Chapter 15 (the Government Losses in Shipment Act)
§ 5312. Positions at level I
(5) The following provisions of title 41:
(A) Sections 35-45 (known as the Walsh-Healey Act, relating
[Level I of the Executive Schedule applies to the following posi-
tions for which the annual rate of basic pay is $60,000:
to wages and hours) ; and
(B) Chapter 6 (the Service Contract Act of 1965) ; [and]
Level I of the Executive Schedule applies to the following positions
for which the annual rate of basic pay shall be the rate determined with
(6) Sections 2000d, 2000d-1-2000d-4 of title 42 (title VI, the
Civil Rights Act of 1946) and
respect to such level under chapter 11 of title 2, as adjusted by section
5318 of this title:
(7) section 19 of the Occupational Safety and Health Act of
(1) Secretary of State.
1970 (29 U.S.C.668).
(2) Secretary of the Treasury.
(3) Secretary of Defense.
(4) Attorney General.
TITLE 5, UNITED STATES CODE
(5) Repealed. Pub. L. 91-375, § 6(c) (12), Aug. 12, 1970, 84 Stat. 776.
(6) Secretary of the Interior.
(7) Secretary of Agriculture.
(8) Secretary of Commerce.
CHAPTER 53-Pay RATES AND SYSTEMS
(9) Secretary of Labor.
(10) Secretary of Health, Education, and Welfare.
SUBCHAPTER I-PAY COMPARABILITY SYSTEM
(11) Secretary of Housing and Urban Development.
SEC.
(12) Secretary of Transportation.
5301. Policy.
(13) Special Representative for Trade Negotiations.
5302. [Repeated.]
5303. Higher minimum rates; Presidential authority.
§ 5313. Positions at level II
5304. Presidential policies and regulations.
[Level II of the Executive Schedule applies to the following posi-
5305. Annual pay reports and adjustments.
5306. Advisory Committee on Federal Pay.
tions, for which the annual rate of basic pay is $42,500:]
5307. Pay fixed by administrative action.
Level II of the Executive Schedule applies to the following posi-
5308. Pay limitation.
tions, for which the annual rate of basic pay shall be the rate deter-
mined with respect to such level under chapter 11 of title 2, as adjusted
SUBCHAPTER II-EXECUTIVE SCHEDULE PAY RATES
SEC.
by section 5318 of this title.
5311. The Executive Schedule.
(1) Deputy Secretaries of Defense (2).
5312. Positions at level I.
(2) Deputy Secretary of State.
5313. Positions at level II.
(3) Administrator, Agency for International Development.
5314. Positions at level III.
5315. Positions at level IV.
(4) Administrator of the National Aeronautics and Space Adminis-
5316. Positions at level V.
tration.
5317. Presidential authority to place positions at levels IV and V.
(5) Administrator of Veterans' Affairs.
5318. Adjustments in rates of pay.
(6) Deputy Secretary of the Treasury.
*
(7) Deputy Secretary of Transportation.
(8) Chairman, Nuclear Regulatory Commission.
§ 5318. Adjustments in rates of pay
(9) Chairman, Council of Economic Advisers.
Effective at the beginning of the first applicable pay period com-
(10) Chairman, Board of Governors of the Federal Reserve
mencing on or after the first day of the month in which an adjustment
System.
takes effect under section 5305 of this title in the rates of pay under
(11) Director of the Bureau of the Budget.
the General Schedule, the annual rate of pay for positions at each
(12) Director of the Office of Science and Technology.
level of the Executive Schedule shall be adjusted by an amount,
(13) Director of the United States Arms Control and Disarma-
rounded to the nearest multiple of $100 (or if midway between
ment Agency.
multiples of $100, to the next higher multiple of $100), equal to the
(14) Director of the United States Information Agency.
percentage of such annual rate of pay which corresponds to the overall
(15) Director of Central Intelligence.
average percentage (as set forth in the report transmitted to the Con-
(16) Secretary of the Air Force.
gress under such section 5305) of the adjustment in the rates of pay
(17) Secretary of the Army.
under the General Schedule.
(18) Secretary of the Navy.
18
19
(19) Administrator, Federal Aviation Administration.
(28) Chairman, Railroad Retirement Board.
(19) Director of the National Science Foundation.
(29) Chairman, Federal Maritime Commission.
(20) Deputy Attorney General.
(30) Comptroller of the Currency.
(21) Director of the Special Action Office for Drug Abuse Pre-
(31) Commissioner of Internal Revenue.
vention.
(32) Director of Defense Research and Engineering, Department
(22) Administrator of Energy Research and Development Adminis-
of Defense.
tration.
(33) Deputy Administrator of the National Aeronautics and Space
§ 5314. Positions at level III
Administration.
(34) Deputy Director of the Bureau of the Budget.
[Level III of the Executive Schedule applies to the following posi-
(35) Deputy Director of Central Intelligence.
tions, for which the annual rate of basic pay is $40,000:
(36) Director of the Office of Emergency Planning.
Level III of the Executive Schedule applies to the following posi-
(37) Director of the Peace Corps.
tions, for which the annual rate of basic pay shall be the rate deter-
(38) Chief Medical Director in the Department of Medicine and
mined with respect to such level under chapter 11 of title 2, as adjusted
Surgery, Veterans' Administration.
by section 5318 of this title:
(39) Deputy Director, National Science Foundation.
(1) Repealed. Pub. L. 91-644, § 8(a), Jan. 2, 1971, 84 Stat. 1888.
(40) Repealed. Pub. L. 90-83, § (14) (A), Sept. 11, 1967, 81 Stat.
(1) Solicitor General of the United States.
198.
(2) Repealed. Pub. L. 91-375, § 6(c) (13) (A), Aug. 12, 1970,
(41) President of the Export-Import Bank of Washington.
84 Stat. 776.
(42) Members, Nuclear Regulatory Commission.
(3) Under Secretary of Agriculture.
(43) Members, Board of Governors of the Federal Reserve System.
(4) Under Secretary of Commerce.
(44) Director of the Federal Bureau of Investigation, Department
(5) Repealed. Pub. L. 89-670, § 10(e), Oct. 15, 1966, 80 Stat. 948.
of Justice.
(6) Under Secretary of Health, Education, and Welfare.
(45) Administrator, Federal Highway Administration.
(7) Under Secretary of the Interior.
(46) Administrator, Federal Railroad Administration.
(8) Under Secretary of Labor.
(47) Chairman, National Transportation Safety Board.
(9) Under Secretary of State for Political Affairs and Under Secre-
(48) Chairman of the National Endowment for the Arts the in-
tary of State for Economic Affairs and an Under Secretary of State
cumbent of which also serves as Chairman of the National Council on
for Coordinating Security Assistance Programs.
the Arts.
(10) Under Secretary of the Treasury (or Counselor).
(49) Chairman of the National Endowment for the Humanities.
(11) Under Secretary of the Treasury for Monetary Affairs.
(50) Director of the Federal Mediation and Conciliation Service.
(12) Administrator of General Services.
(51) Under Secretary of Housing and Urban Development.
(13) Administrator of the Small Business Administration.
(52) Urban Mass Transportation Administrator.
(14) Deputy Administrator of Veterans' Affairs.
(53) President, Overseas Private Investment Corporation.
(15) Deputy Administrator, Agency for International Develop-
(55) Chairman. Postal Rate Commission.
ment.
(55) Administrator of Law Enforcement Assistance.
(16) Chairman, Civil Aeronautics Board.
(57) Chairman, Occupational Safety and Health Review Com-
(17) Chairman of the United States Civil Service Commission.
mission.
(18) Chairman, Federal Communications Commission.
(58) Governor of the Farm Credit Administration.
(19) Chairman, Board of Directors, Federal Deposit Insurance
(58) Chairman, Equal Employment Opportunity Commission.
Corporation.
(59) Chairman. Consumer Product Safety Commission.
(20) Chairman of the Federal Home Loan Bank Board.
(60) Deputy Administrator, Energy Research and Development
(21) Chairman, Federal Power Commission.
Administration.
(22) Chairman, Federal Trade Commission.
(60) Chairman. Commodity Futures Trading Commission.
(23) Chairman, Interstate Commerce Commission.
(60) Deputy Special Representative for Trade Negotiations (2).
(24) Chairman, National Labor Relations Board.
(61) Chairman. United States International Trade Commission.
(25) Chairman, Securities and Exchange Commission.
§ 5315. Positions at level IV
(26) Chairman, Board of Directors of the Tennessee Valley
[Level IV of the Executive Schedule applies to the following posi-
Authority.
tions, for which the annual rate of basic pay is $38,000:
(27) Chairman, National Mediation Board.
20
21
Level IV of the Executive Schedule applies to the following posi-
tions, for which the annual rate of basic pay shall be the rate' deter-
(42) Solicitor of the Department of the Interior.
mined with respect to such level under chapter 11 of title 2, as adjusted
(43) Solicitor of the Department of Labor.
by section 5318 of this title:
(44) General Counsel of the National Labor Relations Board.
(45) Repealed. Pub. L. 91-375, § (c) (14) (A), Aug. 12, 1970, 84
(1) Administrator, Bureau of Security and Consular Affairs,
Stat. 776.
Department of State.
(46) Counselor of the Department of State.
(2) Repealed. Pub. L. 89-670, § 10(e), Oct. 15, 1966, 80 Stat. 948.
(47) Legal Adviser of the Department of State.
(3) Deputy Administrator of General Services.
(48) General Counsel of the Department of the Treasury.
Administration. (4) Associate Administrator of the National Aeronautics and Space
(49) First Vice President of the Export-Import Bank of Wash-
ington.
(5) Assistant Administrators, Agency for International Develop-
(50) Repealed. Pub L. 93-438, § 310(3), Oct. 11, 1974, 88 Stat. 1253.
ment (6).
(51) Repealed. Pub. L. 92-181, § 5.27 (a), Dec. 10, 1971, 85 Stat.
(6) Regional Assistant Administrators, Agency for International
625.
Development (4).
(52) Inspector General, Foreign Assistance.
(7) Under Secretary of the Air Force.
(53) Deputy Inspector General, Foreign Assistance.
(8) Under Secretary of the Army.
(54) Members, Civil Aeronautics Board.
(9) Under Secretary of the Navy.
(55) Members, Council of Economic Advisers.
(10) Deputy Under Secretary of State.
(56) Members, Board of Directors of the Export-Import Bank of
(11) Assistant Secretaries of Agriculture (4).
Washington.
(12) Assistant Secretaries of Commerce (6).
(57) Members, Federal Communications Commission.
(13) Assistant Secretaries of Defense (9).
(58) Members, Board of Directors of the Federal Deposit Insur-
(14) Assistant Secretaries of the Air Force (4).
ance Corporation.
(15) Assistant Secretaries of the Army (5).
(59) Members, Federal Home Loan Bank Board.
(16) Assistant Secretaries of the Navy (4),
1
(60) Members, Federal Power Commission.
(17) Assistant Secretaries of Health, Education, and Welfare (5).
(61) Members, Federal Trade Commission.
(18) Assistant Secretaries of the Interior (6).
(62) Members, Interstate Commerce Commission.
(19) Assistant Attorneys General (9).
(63) Members, National Labor Relations Board.
(20) Assistant Secretaries of Labor (5).
(64) Members, Securities and Exchange Commission.
(21) Repealed. Pub. L. 91-375, § 6(c) (14) (A), Aug. 12, 1970, 84
(65) Members, Board of Directors of the Tennessee Valley Author-
Stat. 776.
ity.
(22) Assistant Secretaries of State (11).
(66) Members, United States Civil Service Commission.
(23) Assistant Secretaries of the Treasury (5).
(67) Members, Federal Maritime Commission.
(24) Members, United States International Trade Commission.
(68) Members, National Mediation Board.
(25) (28) Repealed. Pub. L. 90-83, § 1(15) (E), Sept. 11, 1967, 81
(69) Members, Railroad Retirement Board.
Stat. 198.
(70) Director of Selective Service.
(29) Director of Civil Defense, Department of the Army.
(71) Associate Director of the Federal Bureau of Investigation,
(30) Repealed. Pub. L. 90-83, § 1(15) (E), Sept. 11, 1967, 81 Stat.
Department of Justice.
198.
(72) Members, Equal Employment Opportunity Commission (4).
(31) Deputy Chief Medical Director in the Department of Medicine
(73) Chief of Protocol, Department of State.
and Surgery, Veterans' Administration.
(74) Director, Bureau of Intelligence and Research, Department
(32) Deputy Director of the Office of Emergency Planning.
of State.
(33) Deputy Director of the Office of Science and Technology.
(75) Director, Community Relations Service.
(34) Deputy Director of the Peace Corps.
(76) United States Attorney for the District of Columbia.
(35) Deputy Director of the United States Arms Control and Dis-
(77) United States Attorney for the Southern District of New
armament Agency.
York.
(36) Deputy Director of the United States Information Agency.
(78) Members, National Transportation Safety Board.
(37) Assistant Directors of the Bureau of the Budget (3).
(79) General Counsel, Department of Transportation.
(38) General Counsel of the Department of Agriculture.
(80) Deputy Administrator, Federal Aviation Administration.
(39) General Counsel of the Department of Commerce.
(81) Assistant Secretaries of Transportation (4).
(40) General Counsel of the Department of Defense.
(82) Director of Public Roads.
(41) General Counsel of the Department of Health, Education, and
(83) Administrator of the St. Lawrence Seaway Development Cor-
Welfare.
poration.
22
23
(84) Assistant Secretary for Science, Smithsonian Institution.
(4) Administrator, Farmers Home Administration.
(85) Assistant Secretary for History and Art, Smithsonian Insti-
(5) Administrator, Foreign Agricultural Service, Department of
tution.
(86) Deputy Administrator of the Small Business Administration.
Agriculture. (6) Administrator, Rural Electrification Administration, Depart-
(87) Assistant Secretaries of Housing and Urban Development (8).
ment of Agriculture.
(88) General Counsel of the Department of Housing and Urban
(7) Administrator, Soil Conservation Service, Department of
Development.
(89) Commissioner of Interama.
Agriculture. (8) Administrator, Bonneville Power Administration, Department
(90) Deputy Administrator for Policy Development of the Law
of the Interior.
Enforcement Assistance Administration.
(9) Administrator of the National Capital Transportation Agency.
(91) Federal Insurance Administrator, Department of Housing
(10) Repealed, Pub. L. 89-670, § 10(e), Oct. 15, 1966, 80 Stat. 948.
and Urban Development.
(11) Associate Administrators of the Small Business Adminis-
(92) Executive Vice President, Overseas Private Investment
tration (3).
Corporation.
(12)-(14) Repealed. Pub. L. 89-670, § 10(e), Oct. 15, 1966, 80 Stat.
(92) Administrator of the National Credit Union Administration.
948.
(93) Members, Postal Rate Commission (4).
(15) Associate Administrator for Advanced Research and Tech-
(94) Members, Occupational Safety and Health Review
nology, National Aeronautics and Space Administration.
Commission.
(16) Associate Administrator for Space Science and Applica-
(95) Deputy Director of the Sepcial Action Office for Drug Abuse
tions, National Aeronautics and Space Administration.
Prevention.
(17) Associate Administrator for Manned Space Flight, National
(96) Deputy Under Secretaries of the Treasury (or Assistant Sec-
Aeronautics and Space Administration.
retaries of the Treasury) (2).
(18) Associate Deputy Administrator, National Aeronautics and
(97) Members, Consumer Product Safety Commission (4).
Space Administration.
(97) Commissioner of Social Security, Department of Health,
(19) Deputy Associate Administrator, National Aeronautics and
Education, and Welfare.
Space Administration.
(99) Assistant Secretary for Oceans and International Environ-
(20) Associate Deputy Administrator of Veterans' Affairs.
mental and Scientific Affairs, Department of State.
(21) Archivist of the United States.
(100) Administrator for Federal Procurement Policy.
(22) Repealed. Pub. L. 90-83, § 1(16) (A), Sept. 11, 1967, 81 Stat.
(100) Assistant Administrators, Energy Research and Development
198.
Administration (6).
(23) Assistant Secretary of Agriculture for Administration.
(100) Members, Commodity Futures Trading Commission.
(24) Assistant Secretary of Health, Education, and Welfare for
(101) Director of Nuclear Reactor Regulation, Nuclear Regulatory
Administration.
Commission.
(25) Repealed. Pub. L. 92-22, § 3, June 1, 1971, 85 Stat. 76.
(102) Director of Nuclear Material Safety and Safeguards, Nuclear
(26) Assistant Attorney General for Administration.
Regulatory Commission.
(27) Assistant Secretary of Labor for Administration.
(103) Director of Nuclear Regulatory Research, Nuclear Regulatory
(28) Repealed. Pub. L. 92-302, § 2(d), May 18, 1972, 86 Stat. 149.
Commission.
(29) Repealed. Pub. L. 93-438, § 310(4), Oct. 11, 1974, 88 Stat.
(104) Executive Director for Operations, Nuclear Regulatory
1253.
Commission.
(30) Assistant and Science Adviser to the Secretary of the Interior.
§ 5316. Positions at level V
(31) Chairman, Foreign Claims Settlement Commission of the
United States.
[Level V of the Executive Schedule applies to the following posi-
(32) Chairman of the Military Liaison Committee to the Atomic
tions, for which the annual rate of basic pay is $36,000:
Energy Commission, Department of Defense.
Level V of the Executive Schedule applies to the following positions,
(33) Chairman of the Renegotiation Board.
for which the annual rate of basic pay shall be the rate determined
(34) Chairman of the Subversive Activities Control Board.
with respect to such level under chapter 11 of title 2, as adjusted by
(35) Chief Counsel for the Internal Revenue Service, Department
section 5318 of this title:
of the Treasury.
(1) Administrator, Agricultural Marketing Service, Department
(36) Chief Forester of the Forest Service, Department of
of Agriculture.
Agriculture.
(2) Administrator. Agricultural Research Service, Department of
(37) Repealed. Pub. L. 91-375, § 6(c) (15), Aug. 12, 1970, 84 Stat.
Agriculture.
776.
(3) Administrator, Agricultural Stabilization and Conservation
(38) Repealed. Pub. L. 90-83, § (16) (A), Sept. 11, 1967, 81 Stat.
Service, Department of Agriculture.
198.
24
25
(39) Commissioner of Customs, Department of the Treasury.
(40) Commissioner, Federal Supply Service, Genèral Services
(75) Assistant Directors, United States Arms Control and Disarma-
Administration.
ment Agency (4).
(41) Commissioner of Education, Department of Health, Educa-
(76) Repealed. Pub. L. 89-670, § 10(e), Oct. .15, 1966, 80 Stat. 948.
tion, and Welfare.
(77) Fiscal Assistant Secretary of the Treasury.
(42) Director, United States Fish and Wildlife Service, Depart-
(78) General Counsel of the Agency for International Development.
ment of the Interior.
(79) General Counsel of the Department of the Air Force.
(43) Commissioner of Food and Drugs, Department of Health,
(80) General Counsel of the Department of the Army.
Education, and Welfare.
(81) General Counsel of the Nuclear Regulatory Commission.
(44) Commissioner of Immigration and Naturalization, Depart-
(82) Repealed. Pub. L. 89-670, § 10(e), Oct. 15, 1966, 80 Stat. 948.
ment of Justice.
(83) Repealed. Pub. L. 90-83, § (16) (A), Sept. 11, 1967, 81 Stat.
(45) Commissioner of Indian Affairs, Department of the Interior.
198.
(46) Repealed. Pub. L. 90-9, § 6, Apr. 10, 1967, 81 Stat. 12.
(84) General Counsel of the Department of the Navy.
(47) Commissioners, Indian Claims Commission (5).
(85) General Counsel of the United States Arms Control and Dis-
(48) Commissioner of Patents, Department of Commerce.
armament Agency.
(49) Commissioner, Public Buildings Service, General Services
(86) General Counsel of the National Aeronautics and Space
Administration.
Administration.
(50) Commissioner of Reclamation, Department of the Interior.
(87) Governor of the Canal Zone.
(51) Repealed. Pub. L. 92-603, § 404 (a), Oct. 30, 1972, 86 Stat. 1488.
(88) Manpower Administrator, Department of Labor.
(52) Commissioner of Vocational Rehabilitation, Department of
(89) Maritime Administrator, Department of Commerce.
Health, Education, and Welfare.
(90) Members, Foreign Claims Settlement Commission of the
(53) Commissioner of Welfare, Department of Health, Education,
United States.
and Welfare.
(91) Members, Renegotiation Board.
(54) Director, Advanced Research Projects Agency, Department
(92) Members, Subversive Activities Control Board.
of Defense.
(93) Repealed. Pub. L. 93-618, § 172(c) (3), Jan. 3, 1975, 88 Stat.
(55) Director of Agricultural Economics, Department of
2010.
Agriculture.
(94), (95) Repealed. Pub. L. 90-83, § 1(16) (A), Sept. 11, 1967, 81
(56) Director, Bureau of the Census, Department of Commerce.
Stat. 198.
(57) Director, Bureau of Mines, Department of the Interior.
(96) Deputy Directors of Defense Research and Engineering, De-
(58) Director, Bureau of Prisons, Department of Justice.
partment of Defense (4).
(59) Director, Geological Survey, Department of the Interior.
(97) Assistant Administrator of General Services.
(60) Repealed. Pub. L. 91-375, § 6(c) (15), Aug. 12, 1970, 84 Stat.
776.
(98) Director, United States Travel Service, Department of
Commerce.
Commerce. (61) Director, National Bureau of Standards, Department of
(99) Executive Director of the United States Civil Service
Commission.
(62) Repealed. Pub. L. 93-438, § 310(4), Oct. 11, 1974, 88 Stat. 1253.
(100) Administrator, Wage and Hour and Public Contracts Divi-
(63) Director of Science and Education, Department of Agriculture.
sion, Department of Labor.
(64) Repealed. Pub. L. 92-302, § (d), May 18, 1972, 86 Stat. 149.
(101) Assistant Director (Program Planning, Analysis and Re-
(65) Deputy Commissioner of Internal Revenue, Department of the
Treasury.
search), Office of Economic Opportunity.
(102) Repealed. Pub. L. 93-438, § 310(4), Oct. 11, 1974, 88 Stat.
(66) Assistant Directors, National Science Foundation (4).
1253.
(67) Deputy Director, Policy and Plans, United States Information
(103) Associate Director (Policy and Plans), United States Infor-
Agency.
mation Agency.
(68) Deputy General Counsel, Department of Defense.
(104) Chief Benefits Director, Veterans' Administration.
(69) Repealed. Pub. L. 93-438, § 310(4), Oct. 11, 1974, 88 Stat. 1253.
(105) Commissioner of Labor Statistics, Department of Labor.
(70) Associate Director of the Federal Mediation and Conciliation
Service.
(106) Deputy Director, National Security Agency.
(107) Director, Bureau of Land Management, Department of the
(71) Associate Director for Volunteers, Peace Corps.
Interior.
(72) Associate Director for Program Development and Operations,
(108) Director, National Park Service, Department of the Interior.
Peace Corps.
(109) Director of International Scientific Affairs, Department of
(73) Assistants to the Director of the Federal Bureau of Investiga-
State. Repealed. Pub. L. 93-126. $ 9(c), June 8, 1974, 88 Stat. 238.
tion, Department of Justice (2).
(110) General Counsel of the Veterans' Administration.
(74) Assistant Directors, Office of Emergency Planning (3).
(111) Repealed. Pub. L. 92-261, § 9(c), Mar. 24, 1972, 86 Stat. 110.
26
27
(112) National Export Expansion Coordinator, Department of
(1) direct such agent as he considers appropriate to prepare
Commerce.
and submit to him annually, after considering such views and
(113) Special Assistant to the Secretary of Defense.
recommendations as may be submitted under the provisions of
(114) Staff Director, Commission on Civil Rights.
subsection (b) of this section, a report that-
(115) United States Attorney for the Northern District of Illinois.
(A) compares the rates of pay of the statutory pay sys-
(116) United States Attorney for the Southern District of Cali-
tems with the rates of pay for the same levels of work in
fornia.
private enterprise as determined on the basis of appropriate
(117) Assistant Secretary for Administration, Department of
annual surveys that shall be conducted by the Bureau of
Transportation.
Labor Statistics;
(118) Director, United States National Museum, Smithsonian
(B) makes recommendations for appropriate adjust-
Institution.
ments in rates of pay; and
(119) Director, Smithsonian Astrophysical Observatory, Smith-
(C) includes the views and recommendations submitted
sonian Institution.
under the provisions of subsection (b) of this section:
(120) Administrator for Economic Development.
(2) after considering the report of his agent and the findings
(121) Administrator of the Environmental Science Services Ad-
and recommendations of the Advisory Committee on Federal Pay
ministration.
reported to him under section 5306 (b) (3) of this title, adjust the
(122) Repealed. Pub. L. 93-383, § 818(b), Aug. 22, 1974, 88 Stat.
rates of pay of each statutory pay system in accordance with the
740.
principles under section 5301 (a) of this title, effective as of the
(123) Repealed. Pub. L. 91-375, § 6(c) (15), Aug. 12, 1970, 84 Stat.
beginning of the first applicable pay period commencing on or
776.
after October 1 of the applicable year; and
(124) Director, National Highway Safety Bureau.
(3) transmit to Congress a report of the pay adjustment, to-
(125) Director, National Traffic Safety Bureau.
gether with a copy of the report submitted to him by his agent and
(126) Repealed. Pub. L. 91-644, § 7(2), Jan. 2, 1971, 84 Stat. 1887.
the findings and recommendations of the Advisory Committee on
(127) Director, Bureau of Narcotics and Dangerous Drugs, Depart-
Federal Pay reported to him under section 5306(b) (3) of this
ment of Justice.
title. The report transmitted to the Congress under this subsection
(128) Auditor-General of the Agency for International Develop-
shall specify the overall percentage of the adjustment in the rates
ment.
of pay under the General Schedule and of the adjustment in the
(129) Vice Presidents, Overseas Private Investment Corporation
rates of pay under the other statutory pay systems.
(3).
(b)
(130) Deputy Administrator, Urban Mass Transportation Admin-
(c) (1) If, because of national emergency or economic conditions
istration, Department of Transportation:
affecting the general welfare, the President should, in any year, con-
(131) Assistant Directors, Special Action Office for Drug Abuse
sider it inappropriate to make the pay adjustment required by sub-
Prevention (6).
section (a) of this section, he shall prepare and transmit to Congress
(132) General Counsel of the Equal Employment Opportunities
before September 1 of that year such alternative plan with respect to
Commission.
a pay adjustment as he considers appropriate, together with the rea-
(133) Director, National Cemetery System, Veterans' Administra-
sons therefor, in lieu of the pay adjustments required by subsection
tion.
(a) of this section. The report transmitted to the Congress under this
(133) Deputy Administrator for Administration of the Law En-
subsection shall specify the overall percentage of the adjustment in the
forcement Assistance Administration.
rates of pay under the General Schedule and of the adjustment in the
(134) General Counsel, Energy Research and Development Admin-
rates of pay under the other statutory pay systems.
istration.
*
*
(135) Additional officers, Energy Research and Development Ad-
ministration (8).
TITLE 3, UNITED STATES CODE
(135) General Counsel, Commodity Futures Trading Commission.
*
*
*
*
(136) Additional officers, Nuclear Regulatory Commission (5).
(136) Executive Director, Commodity Futures Trading Commis-
§ 104. Salary of the Vice President
sion.
*
The per annum rate of salary of the Vice President of the United
*
§ 5305. Annual pay reports and adjustments
States shall be [$62,500, to be paid monthly.] the rate determined for
such position under chapter 11 of title 2, as adjusted under this section.
(a) In order to carrv out the policy stated in section 5301 of this
Effective at the beginning of the first month in which an adjustment
title, the President shall-
takes effect under section 5305 of title 5 in the rates of pay under the
28
29
General Schedule the salary of the Vice President shall be adjusted by
FEDERAL LEGISLATIVE SALARY ACT OF 1964 (78 STAT. 415)
an amount, rounded to the nearest multiple of $100 (or if midway be-
tween multiples of $100, to the nearest higher multiple of $100), equal
to the percentage of such per annum rate which corresponds to the
[SEC. 203. (a) The compensation of the Comptroller General of
overall average percentage (as set forth in the report transmitted to
the United States shall be at the rate of $30,000 per annum.
the Congress under section 5305 of title 5) of the adjustment in such
(b) The compensation of the Assistant Comptroller General of
rates of pay. Such salary shall be paid on a monthly basis.
the United States shall be at the rate of $28,500 per annum.
(c) The compensation of the General Counsel of the United
States General Accounting Office, the Librarian of Congress, the
LEGISLATIVE REORGANIZATION Act OF 1946 (2 U.S.C. 31)
Public Printer, and the Architect of the Capitol shall be at the rate
of $27,000 per annum.
(d) The compensation of the Deputy Librarian of Congress, the
Deputy Public Printer, and the Assistant Architect of the Capitol
COMPENSATION OF MEMBERS OF CONGRESS
shall be at the rate of $25,500 per annum.]
[SEC. 601. (a) The compensation of Senators, Representatives in
SEC. 203. (a) The compensation of the Comptroller General of the
Congress, Delegates from the Territories, and the Resident Commis-
United States shall be at an annual rate which is equal to the rate for
sioner from Puerto Rico shall be at the rate of $42,500 per annum
positions at level II of the Executive Schedule of subchapter II of
each. The compensation of the Speaker of the House of Representa-
chapter 53 of title 5, United States Code.
tives shall be at the rate of $62,500 per annum. The compensation of
(b) The compensation of the Deputy Comptroller General of the
the President pro tempore of the Senate, the Majority Leader and the
United States shall be at an annual rate which is equal to the rate for
Minority Leader of the Senate, and the Majority Leader and the
positions at level III of such Executive Schedule.
Minority Leader of the House of Representatives shall be at the
(c) The compensation of the General Counsel of the United States
rate of $49,500 per annum each.]
General Accounting Office, the Librarian of Congress, and the Archi-
SEC. 601. (a) (1) The annual rate of pay for-
tect of the Capitol shall be at an annual rate which is equal to the rate
(A) each Senator, Member of the House of Representatives,
for positions at level IV of such Executive Schedule.
and Delegate to the House of Representatives, and the Resident
(d) The compensation of the Deputy Librarian of Congress and
Commissioner from Puerto Rico (exeept as otherwise provided in
the Assistant Architect of the Capitol shall be at an annual rate which
subparagraph (B) and (C) of this paragraph),
is equal to the rate for positions at level V of such Executive Schedule.
(B) the President pro tempore of the Senate, the Majority
Leader and the Minority Leader of the Senate, and the Majority
Leader and the Minority Leader of the House of Representatives,
TITLE 44, UNITED STATES CODE
and
(C) the Speaker of the House of Representatives, shall be the
rate determined for such positions under section 225 of the Fed-
eral Salary Act of 1967 (2 U.S.C. 351-361), as adjusted by para-
CHAPTER 3-Government PRINTING OFFICE
Sec.
graph (2) of this subsection.
301. Public Printer appointment.
(2) Effective at the beginning of the first applicable pay period
302. Deputy Public Printer appointment duties.
commencing on or after the first day of the month in which an adjust-
303. Public Printer and Deputy Public Printer: [compensation.] pay.
ment takes effect under section 5305 of title 5, United States Code, in
304. Public Printer vacancy in office.
the rates of pay under the General Schedule, each annual rate re-
305. Public Printer employees; pay.
306. Public Printer employment of skilled workmen trial of skill.
ferred to in paragraph (1) shall be adjusted by an amount, rounded to
307. Public Printer night work.
the nearest multipe of $100 (or if midway between multiples of $100, to
308. Disbursing officer continuation and settlement of accounts during vacancy
the next higher multiple of $100), equal to the percentage of such an-
in office responsibility for accounts; disbursements for Superintendent
nual rate which corresponds to the overall average percentage (as set
of Documents.
forth in the report transmitted to the Congress under such section
309. Revolving fund for operation and maintenance of Government Printing
Office: capitalization; reimbursements and credits; accounting and
5305) of the adjustment in the rates of pay under the General
budgeting reports.
Schedule.
310. Payments for printing, binding, blank paper, and supplies.
311. Purchases exempt from the Federal Property and Administrative Services
Act.
30
31
Sec.
(b) The adjustments made by the President pro tempore shall be
312. Machinery, material, equipment, or supplies from other Government
made in such manner as he considers advisable and shall have the force
agencies.
and effect of law.
313. Examining boards paper; bindery materials; machinery.
314. Inks, glues, and other supplies furnished to other Government agencies:
(c) Nothing in this section shall impair any authority pursuant to
payment.
which rates of pay may be fixed by administrative action.
315. Branches of Government Printing Office: limitations.
(d) No rate of pay shall be adjusted under the provisions of this
316. Detail of employees of Government Printing Office to other Government
section to an amount in excess of the rate of basic pay for [level V]
establishments.
317. Special policemen.
level III of the Executive Schedule contained in [section 5316] sec-
tion 5314 of title 5, Uni ed States Code.
(e) For purposes of this section, the term "personnel" does not in-
[§ 303. Public Printer and Deputy Public Printer: compensation
clude any Senator.
The compensation of the Public Printer is at the rate $28,750 per
annum, and the compensation of the Deputy Public Printer is at
the rate of $27,500 per annum.]
TITLE 28, UNITED STATES CODE
§ 303. Public Printer and Deputy Public Printer: pay
The annual rate of pay for the Public Printer shalt be a rate which
is equal to the rate for level IV of the Executive Schedule of subchap-
CHAPTER 21-GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES
ter II of chapter 53 of title 5. The annual rate of pay for the Deputy
Sec.
Public Printer shall be a rate which is equal to the rate for level V
451. Definitions.
of such Executive Schedule.
452. Courts always open; power unrestricted by expiration of sessions.
453. Oath of justices and judges.
454. Practice of law by justices and judges.
455. Interest of justice or judge.
FEDERAL PAY COMPARABILITY AcT OF 1970 (84 STAT. 1946)
456. Traveling expenses of justices and judges.
457. Records; obsolete papers.
458. Relative of justice or judge ineligible to appointment.
459. Administration of oaths and acknowledgements.
SENATE PAY ADJUSTMENTS
460. Application to Alaska, Canal Zone, Guam and Virgin Islands.
461. Adjustments in certain salaries.
SEC. 4. (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-
§ 460. Application to Alaska, Canal Zone, Guam and Virgin
(1) (A) adjust the rates of pay of personnel whose pay is dis-
Islands
bursed by the Secretary of the Senate, and any minimum or maxi-
Sections 452-459 of this chapter shall also apply to the United
mum rate applicable to any such personnel; or
States District Court for the District of the Canal Zone, the District
(B) in the case of such personnel whose rates of pay are fixed
Court of Guam and the District Court of the Virgin Islands and the
by or pursuant to law at specific rates, adjust such rates (including
judges thereof.
the adjustment of such specific rates to maximum pay rates) and,
in the case of all other personnel whose pay is disbursed by the
§ 461. Adjustments in certain salaries
Secretary of the Senate, adjust only the minimum or maximum
(a) Effective at the beginning of the first applicable pay period
rates applicable to such other personnel; and
commencing on or after the first day of the month in which an adjust-
(2) adjust any limitation or allowance applicable to such
ment takes effect under section 5305 of title 5 in the rates of pay under
personnel;
the General Schedule (except as provided in subsection (b)), each
by percentages which are equal or equivalent, insofar as practicable'
salary rate which is subject to adjustment under this section shall be
and with such exceptions as may be necessary to provide for appropri-
adjusted by an amount, rounded to the nearest multiple of $100 (or
ate pay relationships between positions, to the percentages of the
if midway between multiples of $100, to the next higher multiple of
adjustments made by the President under such section 5305 for corre-
$100) equal to the percentage of such salary rate which corresponds
sponding rates of pay for employees subject to the General Schedule
to the overall average percentage (as set forth in the report trans-
contained in section 5332 of such title. Such rates, limitations, and
mitted to the Congress under such section 5305) of the adjustments in
allowances adjusted by the President pro tempore shall become effec-
the rates of pay under such Schedule.
tive on the first day of the first pay period which begins on or after the
day on which any adjustment becomes effective under such section
5305 or section 3(c) of this Act.
32
33
(b) Subsection (a) shall not apply to the extent it would reduce
§ 173. Tenure and salaries of judges
the salary of any individual whose compensation may not, under sec-
The chief judge and associate judges of the Court of Claims shall
tion 1 of article III of the Constitution of the United States, be di-
hold office during good behavior. [Each shall receive a salary of
minished during such individual's continuance in office.
$33,000 a year. Each shall receive a salary at an annual rate deter-
mined under section 225 of the Federal Salary Act of 1967 (2 U.S.C.
351-361), as adjusted by section 461 of this title.
§5. Salaries of justices
[The Chief Justice shall receive a salary of $40,000 a year, and each
§ 213. Tenure and salaries of judges
associate justice shall receive a salary of $39,500 a year.
Judges of the Court of Customs and Patent Appeals shall hold
The Chief Justice and each associate justice shall each receive a sal-
office during good behavior. [Each shall receive a salary of $33,000 a
ary at annual rates determined under section 225 of the Federal Sal-
year.] Each shall receive. a salary at an annual rate determined under
ary Act of 1967 (2 U.S.C. 351-361), as adjusted by section 461 of this
section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351-361), as
title.
adjusted by section 461 of this title.
§ 252. Tenure and salaries of judges
§ 44. Appointment, tenure, residence and salary of circuit judges
Judge of the Customs Court shall hold office during good behavior.
(a) The President shall appoint, by and with the advice and con-
[Each shall receive a salary of $30,000 a year.] Each shall receive a
sent of the Senate, circuit judges for the several circuits as follows:
salary at an annual rate determined under section 225 of the Federal
Circuits:
Salary Act of 1967 (2 U.S.C. 351-361), as adjusted by section 461
Number of judges
District of Columbia
Nine
of this title.
First
Three
Second
Nine
§ 792. Commissioners
Third
Nine
Fourth
Seven
(a) The Court of Claims may appoint fifteen commissioners who
Fifth
Fifteen
shall be subject to removal by the court and shall devote all of their
Sixth
Nine
time to the duties of the office. The Court shall designate one of
Seventh
Eight
Eighth
Eight
the commissioners to serve at the will of the court as chief commis-
Ninth
Thirteen
sioner.
Tenth
Seven
(b) [Each commissioner shall receive basic compensation at the
(b) Circuit judges shall hold office during good behavior.
rate of $29,000 a year.] Each commissioner shall receive pay at an
(c) Except in the District of Columbia, each circuit judge shall
annual rate determined under section 225 of the Federal Salary Act of
be a resident of the circuit for which appointed at the time of his
1967 (2 U.S.C. 351-361), as adjusted by section 461 of this title, and
appointment and thereafter while in active service.
also all necessary traveling expenses and a per diem allowance as pro-
vided in the Travel Expense Act of 1949, as amended, while traveling
[(d) Each circuit judge shall receive a salary of $33,000 a year.]
on official business and away from Washington, District of Columbia.
(d) Each circuit judge shall receive a salary at an annual rate deter-
mined under section 225 of the Federal Salary Act of 1967 (2 U.S.C.
351-361), as adjusted by section 461 of this title.
BANKRUPTCY ACT (11 U.S.C. 68)
§ 135. Salaries of district judges
[Each judge of a district court of the United States shall receive a
§ 68. Compensation of referees; referees' salary and expense
salary of $30,000 a year.
fund; retirement of referees
The chief judge of the District Court for the District of Columbia
(a) [Referees shall receive as full compensation for their services
shall receive a salary of $30,500 a year.]
salaries to be fixed by the conference, in the light of the recommenda-
Each judge of a district court of the United States shall receive a
tions of the councils, made after advising with the district judges of
salary at an annual rate determined under section 225 of the Federal
their respective circuits, and of the Director, at rates not more than
Salary Act of 1967 (2 U.S.C. 351-361), as adjusted by section 461 of
$36,000 per annum for full-time referees, and not more than $18,000
this title.
per annum for part-time referees.] Referees shall receive as full com-
34
pensation for their services salaries to be fixed by the conference, in the
light of the recommendations of the councils, made after advising with
the district judges of their respective circuits, and of the Director, at
rates, in the case of full-time referees, not more than the rate deter-
mined for such referees under section 225 of the Federal Salary Act of
1967 (2 U.S.C. 351-361), as adjusted under section 461 of title 28,
United States Code, and in the case of part-time referees, not more
than one-half of such rate, as 80 adjusted. In fixing the amount of sal-
ary to be paid to a referee, consideration shall be given to the average
number and the types of, and the average amount of gross assets real-
ized from, cases closed and pending in the territory which the referee
is to serve, during the last preceding period of ten years, and to such
other factors as may be material. Disbursement of such salaries shall
be made monthly by or pursuant to the order of the Director.
*
*
*
*
FEDERAL SALARY ACT OF 1967 (2 U.S.C. 365)
COMMISSION ON EXECUTIVE, LEGISLATIVE, AND JUDICIAL SALARIES
SEC. 225. * *
(f) FUNCTION.-The Commission shall conduct, in each of the re-
spective fiscal years referred to in subsection (b) (2) and (3) of this
section, a review of the rates of pay of-
(A) the Vice President of the United States, Senators, Mem-
bers of the House of Representatives, [and] the Resident Com-
missioner from Puerto Rico[;], the Speaker of the House of
Representatives, the President pro tempore of the Senate, and the
majority and minority leaders of the Senate and the House of
Representatives;
(B) offices and positions in the legislative branch referred to in
subsections (a), (b), (c), and (d) of section 203 of the Federal
Legislative Salary Act of 1964 (78 Stat. 415; Public Law 88-
426)
(C) justices, judges, and other personnel in the judicial branch
referred to in sections 402 (d) and 403 of the Federal Judicial
Salary Act of 1964 (78 Stat. 434; Public Law 88-426) ; and
(D) offices and positions under the Executive Schedule in sub-
chapter II of chapter 53 of title 5, United States Code.
Such review by the Commission shall be made for the purpose of de-
termining and providing-
(i) the appropriate pay levels and relationships between and
among the respective offices and positions covered by such review,
and
(ii) the appropriate pay relationships between such offices and
positions and the offices and positions subject to the provisions of
chapter 51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification and General Schedule pay
rates.
H. R. 2559
Ainety-fourth Congress of the United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday, the fourteenth day of January,
one thousand nine hundred and seventy-five
An Act
To amend title 39, United States Code, to apply to the United States Postal
Service certain provisions of law providing for Federal agency safety programs
and responsibilities, to provide for cost-of-living adjustments of Federal execu-
tive salaries, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I-POSTAL SERVICE
SEC. 101. Section 410(b) of title 39, United States Code, is amended-
(1) by striking out the word "and" at the end of paragraph
(5)
(2) by striking out the period at the end of paragraph (6) and
inserting in lieu of the period a semicolon and the word "and";
and
(3) by adding immediately below paragraph (6) the following
paragraph:
(7) section 19 of the Occupational Safety and Health Act of
1970 (29 U.S.C. 668).".
TITLE II-EXECUTIVE SALARIES
SEC. 201. This title may be cited as the "Executive Salary Cost-of-
Living Adjustment Act".
SEC. 202. (a) Subchapter II of chapter 53 of title 5, United States
Code, relating to Excoutive Schedule pay rates, is amended by adding
at the end thereof the following new section:
"§ 5318. Ad ljustments in rates of pay
"Effective at the beginning of the first applicable pay period com-
mencing on or after the first day of the month in which an adjustment
takes effect under section 5305 of this title in the rates of pay under
the General Schedule, the annual rate of pay for positions at each
level of the Executive Schedule shall be adjusted by an amount,
rounded to the nearest multiple of $100 (or if midway between multi-
ples of $100, to the next higher multiple of $100), equal to the per-
centage of such annual rate of pay which corresponds to the overall
average percentage (as set forth in the report transmitted to the Con-
gress under such section 5305) of the adjustment in the rates of pay
under the General Schedule.".
(b) (1) That part of section 5312 (relating to level I of the Execu-
tive Schedule) of title 5, United States Code, immediately below the
section heading and immediately above clause (1) is amended to read
as follows:
"Level I of the Executive Schedule applies to the following posi-
tions for which the annual rate of basic pay shall be the rate determined
with respect to such level under chapter 11 of title 2, as adjusted by
section 5318 of this title:".
(2) That part of section 5313 (relating to level II of the Executive
Schedule) of title 5, United States Code, immediately below the section
heading and immediately above clause (1) is amended to read as
follows:
H. R. 2559-2
"Level II of the Executive Schedule applies to the following posi-
tions, for which the annual rate of basic pay shall be the rate deter-
mined with respect to such level under chapter 11 of title 2, as adjusted
by section 5318 of this title:"
(3) That part of section 5314 (relating to level III of the Executive
Schedule) of title 5, United States Code, immediately below the sec-
tion heading and immediately above clause (1) is amended to read
as follows:
"Level III of the Executive Schedule applies to the following posi-
tions, for which the annual rate of basic pay shall be the rate deter-
mined with respect to such level under chapter 11 of title 2, as adjusted
by section 5318 of this title:
(4) That part of section 5315 (relating to level IV of the Executive
Schedule) of title 5, United States Code, immediately below the sec-
tion heading and immediately above clause (1) is amended to read as
follows:
"Level IV of the Executive Schedule applies to the following posi-
tions, for which the annual rate of basic pay shall be the rate deter-
mined with respect to such level under chapter 11 of title 2, as adjusted
by section 5318 of this title:".
(5) That part of section 5316 (relating to level V of the Executive
Schedule) of title 5, United States Code, immediately below the sec-
tion heading and immediately above clause (1) is amended to read as
follows:
"Level V of the Executive Schedule applies to the following posi-
tions, for which the annual rate of basic pay shall be the rate deter-
mined with respect to such level under chapter 11 of title 2, as adjusted
by section 5318 of this title:
(6) The analysis of subchapter II of chapter 53 of title 5, United
States Code, is amended by adding the following new item at the end
thereof:
"5318. Adjustments in rates of pay."
(c) (1) Subsection (a) of section 5305 of title 5, United States Code,
relating to annual pay reports, is amended by adding at the end thereof
the following new sentence:
"The report transmitted to the Congress under this subsection shall
specify the overall percentage of the adjustment in the rates of pay
under the General Schedule and of the adjustment in the rates of pay
under the other statutory pay systems.".
(2) Subsection (c) (1) of section 5305 of title 5, United States Code,
relating to annual pay reports, is amended by adding at the end thereof
the following new sentence "The report transmitted to the Congress
under this subsection shall specify the overall percentage of the adjust-
ment in the rates of pay under the General Schedule and of the adjust-
ment in the rates of pay under the other statutory pay systems.".
SEC. 203. Section 104 of title 3, United States Code, relating to the
rate of salary of the Vice President, is amended by striking out
"$62,500, to be paid monthly." and inserting in lieu thereof "the rate
determined for such position under chapter 11 of title 2, as adjusted
under this section. Effective at the beginning of the first month in
which an adjustment takes effect under section 5305 of title 5 in the
rates of pay under the General Schedule, the salary of the Vice Presi-
dent shall be adjusted by an amount, rounded to the nearest multiple
of $100 (or if midway between multiples of $100, to the nearest higher
multiple of $100), equal to the percentage of such per annum rate
which corresponds to the overall average percentage (as set forth in
the report transmitted to the Congress under section 5305 of title 5)
H. R. 2559-3
of the adjustment in such rates of pay. Such salary shall be paid on a
monthly basis.".
SEC. 204 (a) Section 601 (a) of the Legislative Reorganization Act
of 1946 (2 U.S.C. 31) is amended to read as follows:
"SEC. 601. (a) (1) The annual rate of pay for-
(A) each Senator, Member of the House of Representatives,
and Delegate to the House of Representatives, and the Resident
Commissioner from Puerto Rico,
((B) the President pro tempore of the Senate, the majority
leader and the minority leader of the Senate, and the majority
leader and the minority leader of the House of Representatives,
and
'(C) the Speaker of the House of Representatives,
shall be the rate determined for such positions under section 225 of
the Federal Salary Act of 1967 (2 U.S.C. 351-361), as adjusted by
paragraph (2) of this subsection.
(2) Effective at the beginning of the first applicable pay period
commencing on or after the first day of the month in which an adjust-
ment takes effect under section 5305 of title 5, United States Code, in
the rates of pay under the General Schedule, each annual rate referred
to in paragraph (1) shall be adjusted by an amount, rounded to the
nearest multiple of $100 (or if midway between multiples of $100, to
the next higher multiple of $100), equal to the percentage of such
annual rate which corresponds to the overall average percentage (as
set forth in the report transmitted to the Congress under such section
5305) of the adjustment in the rates of pay under the General
Schedule.".
(b) Subsections (a) through (d) of section 203 of the Federal
Legislative Salary Act of 1964 (78 Stat. 415), relating to the annual
rate of pay of certain legislative officials, are amended to read as
follows:
"SEC. 203 (a) The compensation of the Comptroller General of the
United States shall be at an annual rate which is equal to the rate for
positions at level II of the Executive Schedule of subchapter II of
chapter 53 of title 5, United States Code.
(b) The compensation of the Deputy Comptroller General of the
United States shall be at an annual rate which is equal to the rate for
positions at level III of such Executive Schedule.
(c) The compensation of the General Counsel of the United States
General Accounting Office, the Librarian of Congress, and the Archi-
tect of the Capitol shall be at an annual rate which is equal to the rate
for positions at level IV of such Executive Schedule.
" (d) The compensation of the Deputy Librarian of Congress and
the Assistant Architect of the Capitol shall be at an annual rate which
is equal to the rate for positions at level V of such Executive Schedule.".
(c) (1) Section 303 of title 44, United States Code, relating to the
compensation of the Public Printer and Deputy Public Printer, is
amended to read as follows:
"§ 303. Public Printer and Deputy Public Printer: pay
"The annual rate of pay for the Public Printer shall be a rate which
is equal to the rate for level IV of the Executive Schedule of sub-
chapter II of chapter 53 of title 5. The annual rate of pay for the
Deputy Public Printer shall be a rate which is equal to the rate for
level V of such Executive Schedule.".
(2) The item relating to section 303 in the chapter analysis for
chapter 3 of title 44, United States Code, is amended to read as
follows:
H. R. 2559-4
"303. Public Printer and Deputy Public Printer pay.".
(d) Section 4(d) of the Federal Pay Comparability Act of 1970
(84 Stat. 1952) is amended by striking out "level V" and "section 5316"
and inserting in lieu thereof "level III" and "section 5314",
respectively.
SEC. 205. (a) (1) Chapter 21 of title 28, United States Code, relating
to general provisions applicable to courts and judges, is amended by
adding at the end thereof the following new section:
"§ 461. Adjustments in certain salaries
"(a) Effective at the beginning of the first applicable pay period
commencing on or after the first day of the month in which an adjust-
ment takes effect under section 5305 of title 5 in the rates of pay under
the General Schedule (except as provided in subsection (b)), each
salary rate which is subject to adjustment under this section shall be
adjusted by an amount, rounded to the nearest multiple of $100 (or if
midway between multiples of $100, to the next higher multiple of
$100) equal to the percentage of such salary rate which corresponds
to the overall average percentage (as set forth in the report trans-
mitted to the Congress under such section 5305) of the adjustments in
the rates of pay under such Schedule.
(b) Subsection (a) shall not apply to the extent it would reduce
the salary of any individual whose compensation may not, under sec-
tion 1 of article III of the Constitution of the United States, be
diminished during such individual's continuance in office.".
(2) The analysis of chapter 21 of such title is amended by adding
at the end thereof the following new item:
"461. Adjustments in certain salaries.".
(b) (1) Section 5 of title 28, United States Code, relating to salaries
of justices of the Supreme Court, is amended to read as follows:
"§5. Salaries of justices
The Chief Justice and each associate justice shall each receive a
salary at annual rates determined under section 225 of the Federal
Salary Act of 1967 (2 U.S.C. 351-361), as adjusted by section 461 of
this title.".
(2) Section 44(d) of title 28, United States Code, relating to salaries
of circuit judges, is amended to read as follows:
"(d) Each circuit judge shall receive a salary at an annual rate
determined under section 225 of the Federal Salary Act of 1967 (2
U.S.C. 351-361), as adjusted by section 461 of this title.".
(3) Section 135 of title 28, United States Code, relating to salaries
of district judges, is amended to read as follows:
"§ 135. Salaries of district judges
"Each judge of a district court of the United States shall receive
a salary at an annual rate determined under section 225 of the Federal
Salary Act of 1967 (2 U.S.C. 351-361), as adjusted by section 461 of
this title.".
(4) The second sentence of section 173 of title 28, United States
Code, relating to salaries of judges of the Court of Claims, is amended
to read as follows: "Each shall receive a salary at an annual rate
determined under section 225 of the Federal Salary Act of 1967 (2
U.S.C. 351-361), as adjusted by section 461 of this title."
(5) The second sentence of section 213 of title 28, United States
Code, relating to salaries of judges of the Court of Customs and
Patent Appeals, is amended to read as follows: "Each shall receive a
salary at an annual rate determined under section 225 of the Federal
H. R. 2559-5
Salary Act of 1967 (2 U.S.C. 351-361), as adjusted by section 461
of this title.".
(6) The second sentence of section 252 of title 28, United States
Code, relating to judges of the Customs Court, is amended to read as
follows: "Each shall receive a salary at an annual rate determined
under section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351-
361), as adjusted by section 461 of this title.".
(7) So much of the first sentence of section 792(b) (relating to
salaries of Court of Claims commissioners) of title 28, United States
Code, as precedes ", and also all necessary traveling expenses" is
amended to read as follows: "Each commissioner shall receive pay at
an annual rate determined under section 225 of the Federal Salary
Act of 1967 (2 U.S.C. 351-361), as adjusted by section 461 of this
title".
(8) The first sentence of section 40a of the Bankruptcy Act (11
U.S.C. 68(a)), relating to compensation of referees in bankruptcy, is
amended to read as follows: "Referees shall receive as full compensa-
tion for their services salaries to be fixed by the conference, in the light
of the recommendations of the councils, made after advising with the
district judges of their respective circuits, and of the Director, at rates,
in the case of full-time referees, not more than the rate determined for
such referees under section 225 of the Federal Salary Act of 1967 (2
U.S.C. 351-361), as adjusted under section 461 of title 28, United
States Code, and in the case of part-time referees, not more than one-
half of such rate, as SO adjusted.".
SEC. 206. (a) Section 225(f) (A) of the Federal Salary Act of 1967
U.S.C. 356(A)), isamended-
(1) by inserting "the Vice President of the United States,"
immediately before "Senators";
(2) by striking out "and" immediately after "Representa-
tives,"; and
(3) by inserting immediately before the semicolon a comma
and the following: "the Speaker of the House of Representatives,
the President pro tempore of the Senate, and the majority and
minority leaders of the Senate and the House of Representatives".
(b) Until such time as a change in the rate of pay of the offices
referred to in the amendment made by subsection (a) of this section
occurs under the provisions of the Federal Salary Act of 1967 (2
U.S.C. 351-361), as amended by subsection (a) of this section, such
rates of pay shall be the rates of pay in effect immediately prior to the
date of enactment of this Act, as adjusted under sections 203 and 204
of this title.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
August 1, 1975
Dear Mr. Director:
The following bills were received at the White
House on August 1st:
H.R. 2559
H.R. 5884
H.R. 8564
>
H.R. 8597
V
V
H.R. 8714
Please let the President have reports and
recommendations as to the approval of these bills
as soon as possible.
Sincerely,
Robert D. Linder
Chief Executive Clerk
The Honorable James T. Lynn
Director
Office of Management and Budget
Washington, D. C.