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1975/01/03 S251 Relief of Frank P Mutto et.al.
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1975/01/03 S251 Relief of Frank P Mutto et.al.
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The original documents are located in Box 20, folder "1975/01/03 S251 Relief of Frank P
Mutto et.al." 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States of America his copyrights in all of his unpublished writings in National Archives collections.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
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copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
Digitized from Box 20 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
APPROVED JAN 3-1975 JAN 3-
ACTION
THE WHITE HOUSE
Last Day: January 4
WASHINGTON
January 2, 1975
Posted 1/4/25
MEMORANDUM FOR:
THE PRESIDENT
To
1/6/75
FROM:
KEN COLE COLE
SUBJECT:
Enrolled Bill S. 251
Relief of Frank P. Mutto, et al
Attached for your consideration is S. 251, sponsored by Senators
Hruska and Eastland, which would grant Civil Service Retirement
credit to 15 individuals for periods of service in non-Federal
positions with Congressional Campaign Committees.
BACKGROUND
These fifteen individuals have been employed as photographers by
the Democratic and Republican Campaign Committees in the Senate
and House of Representatives for varying periods of time. Four
of the individuals were placed on the Senate payroll in October
1962. The eleven others were to be placed on the House payroll
January 1, 1975. Similar legislation has passed the Senate Judiciary
Committee since 1962, but until this year it always died in the
House Ways and Means Committee because the House photographers
were not on the House payroll.
The Civil Service Commission, although not invited to testify,
strongly opposed this legislation.
ARGUMENTS FOR SIGNING
GEAL R. FORD LIBRARY
Both Committees feel:
--A precedent was established when the Capitol Guides
received similar treatment in 1970.
--These photographers are doing the same job as they did
before they became employees of the Congress.
-2-
-These employees essentially perform services for Congress
and thus, as a practical matter, have been Federal employees.
ARGUMENTS FOR VETO
The Civil Service Commission argues:
The Capitol Guide example is not applicable because the
bill does not extend Civil Service retirement benefits to
all Congressional Campaign Committee employees but only
to the 15 individuals specified in the bill.
Campaign Committees are not part of the Legislative Branch
and thus, persons employed by them are not Federal
employees.
This would create a precedent which would weaken the
service credit concept and encourage other individuals
and groups with non-Federal service to seek similar
benefits.
The benefits would far exceed the contributions and add
several thousand hundred dollars of unfunded liability
to the Retirement Fund.
O'Neill provides additional background information in his enrolled
bill report (Tab A).
RECOMMENDATIONS
Marsh and Friedersdorf (Loen) strongly recommend approval
(Tab B) and indicate that there was only one vote (Moorhead)
against the bill in House Judiciary Committee consideration, and
it was passed by both Houses unanimously on voice vote with the
Speaker and Minority Leader Rhodes supporting the bill in Committee.
Phil Areeda recommends approval because it is a Congressional
housekeeping matter, as well as an inappropriate time to offend
Eastland and Hurska whom he believes have expended great effort
in support of the legislation.
-3-
OMB and CSC both recommend Pocket Veto based on merit as well
as the problems a precedent would pose. A memorandum of dis-
approval has been prepared and approved by Paul Theis (Tab C).
DECISION - S. 251
Sign (Tab D)
Pocket Veto
(Sign memorandum of
disapproval at Tab C)
Marsh
O'Neill
Friedersdorf
Civil Service Commission
Areeda
Cole
SERVICE
OF THE
PRESIDENT
OFFICE
and
EXECUTIVE OFFICE OF THE PRESIDENT
UNITED
OFFICE OF MANAGEMENT AND BUDGET
SECURITYE
STATES
WASHINGTON, D.C. 20503
DEC 3 0 1974
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill S. 251 - For the relief of
Frank P. Muto, et al
Sponsor - Sen. Hruska (R) Nebraska and
Sen. Eastland (D) Mississippi
Last Day for Action
January 4, 1975 - Saturday
Purpose
Grants civil service retirement credit to 15 individuals
for periods of service in non-Federal positions with con-
gressional campaign committees.
Agency Recommendations
Office of Management and Budget
Disapproval (Memorandum
of Disapproval attached)
Civil Service Commission
Disapproval (Veto Message
attached)
Discussion
The 15 individuals named in S. 251 have been employed as
photographers by the Democratic and Republican campaign com-
mittees in the Senate and House of Representatives for varying
periods of time. The first four named in the bill were so
employed with Senate campaign committees prior to October 2,
1962, when they were placed on the Senate payroll. The 11
others--now serving on the House campaign committees--are to
be placed on the House payroll on January 1, 1975.
CERRID
2
S. 251 would provide that their prior service with the
campaign committees shall be deemed Federal service for
the purposes of computing civil service retirement annui-
ties. The bill would also give the affected employees the
option of depositing in the retirement fund the required
employee contribution for the period in question or taking
a permanent 10 percent reduction in annuity, in accordance
with civil service law. S. 251 would also bar dual receipt
of social security benefits for the same period.
Although neither the Senatenor the House Judiciary Committee
requested the views of the Civil Service Commission on this
legislation, CSC strongly opposed it in a voluntary report
to the House Committee and in informal contacts with the
Senate Committee, for reasons given below.
The reports of both Committees cite several reasons for their
favorable action on the bill.
(1) They believed that a precedent for such action is
contained in the Legislative Reorganization Act of 1970, when
those who were serving as Capitol Guides were made Federal
employees. All prior service as Capitol Guides was deemed
creditable for purposes of civil service retirement.
(2) The service rendered by these persons as photogra-
phers was the same both before and after they became official
employees of the Congress.
(3) During the period in question, the employees named
in this bill had jobs which were of service to Members of
the Congress and their committees; thus, as a practical
matter, they performed the duties which would be those of
legislative employees.
CSC, in its report to the House Committee and its views letter
on the enrolled bill, strongly objects to the bill for the
following reasons:
(1) Comparison of the service of the employees included
in S. 251 with that of the Capitol Guides is not valid. The
Legislative Reorganization Act of 1970 transferred the Capitol
Guide Service as an organization from non-Federal to Federal
status. All of its employees were defined to be congressional
STATE
3
employees, and all of their service was to be considered
Federal service. S. 251, however, does not propose to
recognize all service for the Senate and House campaign com-
mittees as Federal service. The enrolled bill proposes to
allow civil service retirement credit only for those indi-
viduals specified in the bill.
(2) Even though these individuals may have performed
services for Members of Congress while they worked for the
campaign committees, the latter are not part of the legis-
lative branch of the Federal Government, and persons employed
by them are not Federal employees.
(3) CSC's basic objection to proposals of this nature
is "the absence of any reasonable basis for the Government
to assume an obligation to pay annuity based on service
which was rendered for some other employer. Furthermore, to
allow these individuals credit for such service would create
an undesirable precedent which would weaken the service
credit concept and would encourage other individuals and
groups with non-Federal service to seek the same benefits. "
CSC noted in its report to the House Committee that the
value of the proposed additional benefits to which the
affected employees would be entitled would substantially
exceed the required deposits or reduction in annuity. CSC
staff estimate that enactment of S. 251 would add several
hundred thousand dollars to the unfunded liability of the
Civil Service Retirement Fund.
CSC urges that you not approve this enrolled bill.
Ordinarily, we tend to defer to the Congress on matters
affecting its operations. Because of the precedential prob-
lems posed by S. 251, however, which could reach beyond the
legislative branch, and because we concur with CSC on the
merits, we believe this bill should not be approved.
A draft of a Memorandum of Disapproval is attached for your
consideration.
Director
Enclosures
STREET
THE WHITE HOUSE
WASHINGTON
December 31, 1974
MEMORANDUM FOR:
PAUL H. O'NEILL
THRU:
COUNSELLOR JOHN MARSI
FROM:
VERN LOEN
VL
SUBJECT:
Enrolled Bill S. 351 - For the relief of
Frank P. Muto, et al
Similar bills have been passed regularly by the Senate since its Democratic
and Republican campaign photographers were placed on the Senate payroll in
1962; however, it always died in the House Judiciary Committee until this
year because the House photographers were not on the House payroll.
XXXX
n
Inasmuch as they will be official House employees on January 1, 1975, and
inasmuch as they have provided a legitimate service to visiting taxpayers as
well as to Members of Congress during all these years, and furthermore
since the Capitol Guides received full credit for prior service when they be-
came Federal employees, the Office of Legislative Affairs would recommend
that the President sign this bill. n
These photographers will be required to forfeit all of their Social Security
contributions and future benefits. They will have to make substantial back-
payments into the Civil Service Retirement Fund in order to receive retro-
active benefits.
A case in point: Bill Brockhurst, the chief House Republican photographer
who is well known to the President, has served the Congress since 1950. He
is 62 years old and his salary is only $16,000 a year. The highest paid of
these photographers makes about $20,000 a year.
A special Judiciary Committee study found the only other group that might
conceivably qualify might be a small number of employees of the House and
Senate Credit Unions. It was deemed quite unlikely they could make a suc-
cessful case for similar treatment.
The Civil Service Commission estimated the total cost of this bill to the
Civil Service Retirement Fund could be as much as $325, 000, according to
actuarial estimates.
There was only one vote (Carlos Moorhead) against the bill in House Judiciary
Committee consideration. It passed both Houses of Congress unanimously on
voice vote. The Speaker & Minority Leader Rhodes supported the bill in
committee.
cc: Ken Cole, Geoff Shepard
MEMORANDUM OF DISAPPROVAL
I am withholding my approval from S. 251, a bill
which would provide civil service retirement credit
to 15 named individuals for their periods of employment
with the campaign committees of the Senate and House of
Representatives.
Although these committees provide regular and con-
tinuing service to members of the Senate and House, they
are technically not part of the legislative branch of
the Federal Government and persons employed by these
committees have not in the past been considered Federal
employees. Accordingly, I believe that this preferential
legislation is unjustified since it would not only autho-
rize civil service retirement credit for non-Federal
employment, but would single out certain employees of
these committees for such credit and exclude others.
To allow these individuals credit for such service
would require the Government to assume an obligation to
pay annuity based on service rendered for some other
employer. It could create an undesirable precedent and
weaken the service credit concept by encouraging other
groups of non-Federal employees to seek the same benefits.
Proponents of this bill have cited as a precedent the
Capitol Guide Service which in 1970 became a Federal organi-
zation. I question the validity of this comparison. Under
the Legislative Reorganization Act of 1970, the Capitol
Guide Service was transferred as an organization from non-
Federal to Federal status. Thus, all of its employees were
defined to be Federal employees and all of their service
was to be considered Federal service. S. 251 does not
2
propose to recognize all such service for the Senate and
House campaign committees as Federal service, but rather
singles out a small group of people for special benefits
not available to others who are similarly situated.
Accordingly, I am unable to approve S. 251.
THE WHITE HOUSE,
%
DERALD
THE WHITE HOUSE
WASHINGTON
December 31, 1974
MEMORANDUM FOR:
PAUL H. O'NEILL
THRU:
COUNSELLOR JOHN MARSH
FROM:
VERN LOEN VL
SUBJECT:
Enrolled Bill S. 351 - For the relief of
Frank P. Muto, et al
Similar bills have been passed regularly by the Senate since its Democratic
and Republican campaign photographers were placed on the Senate payroll in
1962; however, it always died in the House Judiciary Committee until this
year because the House photographers were not on the House payroll.
Inasmuch as they will be official House employees on January 1, 1975, and
inasmuch as they have provided a legitimate service to visiting taxpayers as
well as to Members of Congress during all these years, and furthermore
since the Capitol Guides received full credit for prior service when they be-
came Federal employees, the Office of Legislative Affairs would recommend
that the President sign this bill.
These photographers will be required to forfeit all of their Social Security
contributions and future benefits. They will have to make substantial back-
payments into the Civil Service Retirement Fund in order to receive retro-
active benefits.
A case in point: Bill Brockhurst, the chief House Republican photographer
who is well known to the President, has served the Congress since 1950. He
is 62 years old and his salary is only $16,000 a year. The highest paid of
these photographers makes about $20, 000 a year.
A special Judiciary Committee study found the only other group that might
conceivably qualify might be a small number of employees of the House and.
Senate Credit Unions. It was deemed quite unlikely they could make a suc-
cessful case for similar treatment.
The Civil Service Commission estimated the total cost of this bill to the
Civil Service Retirement Fund could be as much as $325, 000, according to
actuarial estimates.
There was only one vote (Carlos Moorhead) against the bill in House Judiciary
Committee consideration. It passed both Houses of Congress unanimously on
voice vote. The Speaker & Minority Leader Rhodes supported the bill in
committee.
cc: Ken Cole, Geoff Shepard
Marsh=sign
FORD of SERVICE LIBRANT
EXECUTIVE OFFICE OF THE PRESIDENT
Hindrika
OFFICE OF management AND BUDGET
12-30-74 6:30pm.
WASHINGTON, D.C. 20503
DEC 3 0 1974
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill S. 251 - For the relief of
Frank P. Muto, et al
Sponsor - Sen. Hruska (R) Nebraska and
Sen. Eastland (D) Mississippi
Last Day for Action
January 4, 1975 - Saturday
Purpose
Grants civil service retirement credit to 15 individuals
for periods of service in non-Federal positions with con-
gressional campaign committees.
Agency Recommendations
Office of Management and Budget
Disapproval (Memorandum
of Disapproval attached)
Civil Service Commission
Disapproval (Veto Messag
attached)
Discussion
The 15 individuals named in S. 251 have been employed as
photographers by the Democratic and Republican campaign com-
mittees in the Senate and House of Representatives for varying
periods of time. The first four named in the bill were so
employed with Senate campaign committees prior to October 2,
1962, when they were placed on the Senate payroll. The 11
others now serving on the House campaign committees--are to
be placed on the House payroll on January 1, 1975.
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.: 925926
Date: December 30, 1974
Time:
10:00 p.m.
FOR ACTION: Geoff Shepard
CC (for information): Warren Hendriks
Max Friedersdorf
Jerry Jones
Paul Phil Areeda Their 02/2/21/24
Jack Marsh
OV/ PAY
FROM THE STAFF SECRETARY
Dec
DUE: Date: Tuesday, January 31
Time: 1:00 p.m.
SUBJECT:
Enrolled Bill S. 251 - For the relief of Frank P. Muto, et al
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
1974 DEC. 31 AM 8 32
PLEASE 4TTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate C
delay in submitting the required material, please
Marren K. Handrika
telephone the Staff Secretary immediately.
For the President
MEMORANDUM OF DISAPPROVAL
outsut
I am withholding my approval from S. 251, a bill
which would provide civil service retirement credit to
15 named individuals for their periods of employment with
and
the campaign committees of the Senate or House of Represen-
IL Althoug these committees grade regular and
tatives.
continuing service to members of the Senate and House, They
are technically
These aampaign compittees not part of the
legislative branch of the Federal Government and persons
have not in the Rost been considered
employed by these committees are not Federal employees.
Accordingly, I believe that this preferential legislation
not only
is unjustified since it would authorize civil servi ce re-
last would single out Sertain employees of these committees In
tirement credit for non-Federal employment such credit and sectude
Dirs.
To allow these individuals credit for such service
would require the Government to assume an obligation to pay
annuity based on service rendered for some other employer.
and
It yould create an undesirable precedent which rould weaken
the service credit concept by encourage ing other groups of
non-Federal employees to seek the same benefits.
Proponents of this bill have cited as a precedent the
Capitol Guide Service which in 1970 became a Federal organi-
zation. I do not believe this comparison is valid Under
question the vality of
the Legislative Reorganization Act of 1970, the Capitol
SEAL yors
Guide Service was transferred as an organization from
non-Federal to Federal status. Thus, all of its employees
were defined to be Federal employees and all of their service
was to be considered Federal service. S. 251 does not
recognize all such service In Federal service,
propose to federalize the Senate and House campaign committees
-.2 - -
but rather singles out a small group of people for special
benefits not available to others who are similarly
situated.
Accordingly, I am unable to approve S. 251.
THE WHITE HOUSE
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.: 925
Date: December 30, 1974
Time:
10:00 p.m.
FOR ACTION: Geoff Shepard
CC (for information): Warren Hendrisk
Max Friedersdorf sign
Jerry Jones
Phil Areeda
Jack Marsh
Paul
FROM THE STAFF SECRETARY
DUE: Date: Tuesday, January 31
Time: 1:00 p.m.
SUBJECT:
Enrolled Bill B. 251 - For the relief of Frank P. Muto, et al
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
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.: 925926
Date:
Time:
December 30, 1974
10:00 p.m.
FOR ACTION: Geoff Shepard
CC (for information): Warren Hendriks
Max Friedersdorf
Jerry Jones
Phil Areeda
Jack Marsh
FROM THE STAFF SECRETARY
DUE: Date: Tuesday, January 31
Time: 1:00 p.m.
SUBJECT:
Enrolled Bill S. 251 - For the relief of Frank P. Muto, et al
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Propare Agenda and Drief
Draft Reply
For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
Sign the bill
(
at is congressimal house/orping ; and
2
this not the time to offend Eastland told. & Hruokd who expended
great effort is W support of the bill, 2 dm
P Areeda
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate C
delcy in submitting the required material, pleas
Warren K. Hendrik:
telephone the Staff Secretary immediately.
For the President
UNITED
STATE
UNITED STATES CIVIL SERVICE COMMISSION
CIVIL SERVICE COMMISSION
WASHINGTON, D.C. 20415
CHAIRMAN
December 26, 1974
Honorable Roy L. Ash
Director, Office of Management and
Budget
Executive Office of the President
Washington, D. C. 20503
Attention: Assistant Director for
Legislative Reference
Dear Mr. Ash:
This is in reply to your request for the Commission's views on enrolled
enactment S. 251, a bill "For the relief of Frank P. Muto,
Alphonso A. Muto, Arthur E. Scott, F. Clyde Wilkinson, Arthur D. O'Neill,
Joseph H. Avery, Junior, Joshua Cosden, Keith Jewell, Bertha Seelmeyer,
Thomas Dennis O'Neill, Robert H. Brockhurst, Michael Senko,
Salvatore La Capria, C. J. Moore III, and Ann C. Siegal."
On September 17, 1973, the Commission submitted to the Chairman of the
House Judiciary Committee its views on S. 251 which at that time pro-
vided that the first four individuals named above should be deemed
entitled to Civil Service Retirement credit for service performed prior
to October 2, 1962, for the Democratic or Republican Senatorial Campaign
Committees. The Senate had passed S. 251 on May 23, 1973 despite strong
opposition by the Commission. The House passed S. 251 in amended form
on December 17, 1974. The Senate agreed to the House amendments on
December 19, 1974.
As amended, the enrolled bill provides that the individuals named in its
title (11 individuals were added by the House amendments) shall be deemed
entitled to Civil Service Retirement credit. This retirement credit
would be subject to certification by either the President of the Senate,
for service performed prior to October 2, 1962 for the Democratic or
Republican Senatorial Campaign Committees, or by the Speaker of the
House, for service performed prior to January 1, 1975 for the Democratic
National Congressional Committee or Republican Congressional Committee.
2
Prior to the dates cited in the bill, these individuals were employed
by campaign committees of the Senate and House of Representatives.
These committees are not part of the legislative branch of the Federal
Government and persons employed by these committees are not Federal
employees.
The Commission opposes enactment of the enrolled bill for the same
reasons as given in our report to the Chairman of the House Judiciary
Committee on September 17, 1973. Our basic objection to proposals
of this nature is the absence of any reasonable basis for the
Government to assume an obligation to pay annuity based on service
which was rendered for some other employer. Furthermore, to allow
these individuals credit for such service would create an undesirable
precedent which would weaken the service credit concept and would
encourage other individuals and groups with non-Federal service to
seek the same benefits.
Accordingly, the Commission urges that the President not approve this
enrolled bill. A veto message is attached.
By direction of the Commission:
Sincerely
ACTING
Enclosure
TO THE SENATE:
I am returning, without my approval, S. 251, a bill, "For the relief
of Frank P. Muto, Alphonso A. Muto, Arthur E. Scott, F. Clyde Wilkinson,
Arthur D. O'Neill, Joseph H. Avery, Junior, Joshua Cosden, Keith Jewell,
Bertha Seelmeyer, Thomas Dennis O'Neill, Robert H. Brockhurst,
Michael Senko, Salvatore La Capria, C. J. Moore III, and Ann C. Siegal."
This bill would provide Civil Service Retirement credit to the
named individuals for certain employment with the campaign committees of
either the Senate or House of Representatives. These committees are not
part of the legislative branch of the Federal Government and persons employed
by these committees are not Federal employees.
I do not believe that this preferential legislation is justifiable
since it would authorize Civil Service Retirement credit for non-Federal
employment. To allow these individuals credit for such service would create
an undesirable precedent which would weaken the service credit concept and
encourage other individuals and groups to seek the same benefits.
Accordingly, I am unable to approve S. 251.
The White House
January
, 1975
93D CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
2d Session
No. 93-1559
FRANK P. MUTO, ALPHONSO A. MUTO, ARTHUR E. SCOTT, F. CLYDE
WILKINSON, ARTHUR D. O'NEILL, JOSEPH H. AVERY, JR., JOSHUA
COSDEN, KEITH JEWELL, BERTHA SEELMEYER, THOMAS DENNIS
O'NEILL, ROBERT H. BROCKHURST. MICHAEL SENKO, SALVATORE
LA CAPRIA, C. J. MOORE, III, AND ANN C. SIEGAL
DECEMBER 11, 1974.-Committed to the Committee of the Whole House and
ordered to be printed
Mr. MANN, from the Committee on the Judiciary,
submitted the following
REPORT
[To accompany S. 251]
The Committee on the Judiciary, to whom was referred the bill
(S. 251) for the relief of Frank P. Muto, Alphonso A. Muto, Arthur
E. Scott, and F. Clyde Wilkinson, having considered the same, report
favorably thereon with amendments and recommend that the bill as
amended do pass.
The amendments are as follows:
Page 2, after line 5, insert:
SEC. 2. (a) In the administration of subchapter III (relat-
ing to civil service retirement) of chapter 83 of title 5, United
States Code, and subject to sections 8334(c) and 8339 (h) of
such title, Arthur D. O'Neill, Joseph H. Avery, Jr., Joshua
Cosden, Keith Jewell, Bertha Seelmeyer, Thomas Dennis
O'Neill, Robert H. Brockhurst, Michael Senko, Salvatore La
Capria, C. J. Moore, III, and Ann C. Siegal shall be deemed
to have rendered creditable service during such periods as
they were employees of the Democratic National Congres-
sional Committee or Republican Congressional Committee
prior to January 1, 1975.
(b) The Civil Service Commission shall accept the certi-
fication of the Speaker of the House, or his designee, concern-
ing the service of, and the amount of compensation received
by, the individuals named in this section.
Page 2, line 6: Strike (c) and insert "SEC. 3.".
Page 2, line 7 : Strike "subsection (a) of this section" and insert "this
Act".
38-007
3
2
Amend the title to read
It should also be noted that the duties of the persons named in the
amended bill are unique in this respect. Their jobs have been and will
For the relief of Frank P. Muto, Alphonso A. Muto, Arthur
be to be of service to Members of the House and Senate. The Civil
E. Scott, F. Clyde Wilkinson, Arthur D. O'Neill, Joseph H.
Service Commission in commenting on the Senate bill failed to recog-
Avery, Jr., Joshua Cosden, Keith Jewell, Bertha Seelmeyer,
nize the defined nature of the work and functions of this group of
Thomas Dennis O'Neill, Robert H. Brockhurst, Michael
employees that serves to set them apart and qualifies them for the
Senko, Salvatore La Capria, C. J. Moore, III, and Ann C.
relief provided for in the amended bill. This is where there is a
Siegal.
parallel to the 1970 action of the Congress in the case of the Capitol
PURPOSE
Guides. While the Commission comment is not specific on this point,
just as is done in this bill, the Reorganization Act of 1970 provided
The purpose of the proposed legislation, as amended, is to authorize
that service by individuals as Capitol Guides prior to their becoming
creditable service for Civil Service retirement for each of the persons
employees of the Capitol Guide Service was made creditable subject
listed below for periods they were employed by the Senate Democratic
to section 8334(c) and 8339 of Title 5. Regular retirement cover-
or Republican Campaign Committee, or by the House Democratic
age was then made prospective as employees of the Capitol Guide
National Congressional Committee or Republican Congressional Com-
Service from the effective date of the Legislative Reorganization Act
mittee prior to the time they were placed on the legislative payrolls
of 1970. The employees named in this bill, S. 251, as amended, have
of the House and Senate.
in fact performed services for the Members of the respective Houses
STATEMENT
of Congress and their committees. and thus as a practical matter have
The bill as it passed the Senate provided that the Senate employees,
performed the duties which would be those of legislative employees.
Frank P. Muto, Alphonso A. Muto, Arthur E. Scott, and F. Clyde
It is appropriate therefore that they should be legislative employees,
Wilkinson would receive credit for retirement purposes for periods
and this was recognized in the Senate in 1962 and is now being imple-
of time they rendered service as photographers to the Democratic
mented in the House. It is only just that they be given credit for their
and Republican senatorial compaign committees prior to being
service for retirement as provided in this bill.
assigned similar duties as employees of the Senate, at which time they
The amended bill provides that credit for prior service will be sub-
were able to participate in the civil service retirement system. Those
ject to sections 8334 (c) and 8339 (h) of title 5. This means that the
covered are the photographers for the Senate Democratic and Repub-
employees shall either deposit retirement contributions for the period
lican policy committees. The period made creditable for the Senate
prior to going on the legislative payroll, or, upon retirement, elect to
employees includes any time prior to October 2, 1962, which is the
have a 10% deduction in annuity based upon the amount of the de-
date they were placed on the Senate payroll. In the Senate report on
posit which would have been required. Subsection (h) of § 8339 pro-
the bill (S. Rept. 93-171, 93rd Cong., 1st Sess.), it was pointed out
vides that a retirement annuity will be reduced by 10% of the deposit
that the persons affected have continued to perform the same functions
described in 8334(c) remaining unpaid unless the employee elects to
as employees as they performed prior to their being employed by the
eliminate the service for annuity computation purposes. Thus, an
U.S. Senate. The Senate Committee pointed out that the situation is
affected employee electing to acquire credit for retirement purposes
analogous to that of members of the Capitol Guide Service, who were
under this legislation would be required to make a deposit, with inter-
extended the benefits of retirement credit under provisions of the Leg-
est, to the Civil Service Retirement and Disability Fund an amount
islative Reorganization Act of 1970.1
equal to the amount which would have been withheld from their pay
In reporting this bill, the Committee has recommended the addition
at the time had they been covered by the retirement program, or be
of a new section 2 which would extend the same benefits to equivalent
subject to a permanently reduced annuity upon retirement.
House personnel. The persons named in the amendment are those who
It should also be pointed out that a person electing to claim service
served as photographers for the House as employees of the Democratic
for retirement credit under the provisions of this bill would be barred
National Congressional Committee or the Republican Congressional
from credit for social security for any periods SO claimed. This means
Committee, and are to be placed on the House payroll as of January 1,
that persons would have to forfeit those covered quarters together with
1975 as House photographers on the rolls of the House Democratic
his contributions to the Social Security Fund. In this connection the
Steering and Policy Committee and the House Republican Conference.
amended bill in section 3 bars credit for Social Security purposes for
As was pointed out in connection with the Senate employees, the serv-
the periods for which service would be credited for Civil Service re-
ice rendered by these persons to the Members of the House will remain
tirement under the bill.
the same when they are placed on the House payroll.
The committee has concluded that the individuals named in the
amended bill merit the relief provided therein and it is recommended
1 (Public Law 91-510, approved Oct. 26, 1970). The amendment added by the law
that the amended bill be considered favorably.
provided for credit for periods of service as a Capitol Guide after February 19, 1929,
and prior to the effective date of the relevant provisions of the Legislative Reorganiza-
tion Act.
H.R. 1559
H.R. 1559
4
5
U.S. CIVIL SERVICE Commission,
The Commission has consistently opposed enactment of legislation
Washington, D.C., September 17, 1973.
such as S. 251 which would authorize Civil Service Retirement credit
Hon. PETER W. RODINO, Jr.,
for non-Federal employment. Our basic objection to proposals of this
Chairman, Committee on the Judiciary,
nature is the absence of any reasonable basis for the Government as-
House of Representatives, ashington, D.C.
suming an obligation to pay annuity based on service which was ren-
dered for some other employer. To allow these individuals credit for
DEAR MR. CHAIRMAN: The Commission would like to express its
such service would be to discriminate against individuals similarly
views on S. 251, a bill in the House of Representatives, "For the relief
situated and denied such advantages.
of Frank P. Muto, Alphonso A. Muto, Arthur E. Scott, and F. Clyde
For the above reasons, the Commission strongly opposes enactment
Wilkinson."
of S. 251.
S. 251 provides that these four persons shall be deemed entitled to
The Office of Management and Budget advises that from the stand-
Civil Service Retirement credit, subject to certification by the Presi-
point of the Administration's program there is no objection to the sub-
dent of the Senate, for service performed prior to October 2, 1962, for
mission of this report.
the Democratic or Republican Senatorial Campaign Committee.
By direction of the Commission
The affected employees receiving credit for such service would have
Sincerely yours,
the option of making or not making deposit to the Civil Service Re-
ROBERT HAMPTON,
tirement and Disability Fund to cover the service during which no
Chairman.
retirement deductions were withheld from salary payments. Should
they fail to make such deposit, their annual annuity would be reduced
by 10 percent of the amount unpaid.
Mr. Frank Muto, Mr. Alphonso Muto, Mr. Scott. and Mr. Wilkin-
son are all currently employed as staff members of the Senate Confer-
ence Committee of the Majority and the Minority. These committees
are part of the legislative branch of the Government, and service per-
formed for these committees meets the requirements of Federal
employment.
Prior to October 1962, these individuals were employed by the Sen-
atorial Campaign Committees. These committees are not part of the
legislative branch of the Federal Government, and persons employed
by these committees are not Federal employees.
The Senate Report on this bill (No. 93-171, May 23, 1973) compares
the service of these four employees to that of the Capitol Guides and
states that there is no reason for these four employees to receive less
preferential treatment. We do not believe that such a comparison is
valid. Public Law 91-510 (the Legislative Reorganization Act of 1970)
amended the definition of Congressional employee to include Capitol
Guides, provided that service as a Capitol Guide would be considered
Federal service retroactively to February 19, 1929, and extended Civil
Service Retirement coverage prospectively from January 3, 1971. The
Congress, then, formally recognized all such service as meeting the
tests of Federal employment.
S. 251, however, does not propose to recognize all service for the
Senate Campaign Committee as Federal service. It does not propose
to allow retirement coverage or credit for such service prospectively to
any individuals presumably now employed in such positions. Rather,
this bill proposes to allow Civil Service Retirement credit for this non-
Federal service only for these four individuals.
The Commission does not have official records of this service and
other employee data to allow us to compute the increase in unfunded
liability if this bill is enacted. However, we can state that the value
of the additional benefit to which these employees will become entitled
will substantially exceed the required deposits or reduction in annuity.
H.R. 1559
H.R. 1559
93D CONGRESS
SENATE
REPORT
1st Session
No. 93-171
FRANK P. MUTO, ALPHONSO A. MUTO, ARTHUR E. SCOTT,
AND F. CLYDE WILKINSON
MAY 23, 1973.-Ordered to be printed
Mr. HRUSKA, from the Committee on the Judiciary,
submitted the following
REPORT
[To accompany S. 251]
The Committee on the Judiciary, to which was referred the bill
(S. 251) for the relief of Frank P. Muto, Alphonso A. Muto, Arthur
E. Scott, and F. Clyde Wilkinson, having considered the same, reports
favorably thereon without amendment and recommends that the bill
do pass.
PURPOSE
This legislation would permit four employees of the Senate to re-
ceive credit for retirement purposes for periods of time they rendered
service to the Democratic and Republican senatorial campaign com-
mittees prior to being assigned similar duties as employees of the
Senate authorized to participate in the civil service retirement sys-
tem. Those covered are the photographers for the Democratic and
Republican policy committees. The period made creditable includes
any time to October 2, 1962.
STATEMENT
There are four employees entitled to benefit under this legislation.
The persons affected have continued to perform the same functions as
employees as they performed prior to their being employed by the
U.S. Senate. Their situation is analogous to that of members of the
Capitol Guide Service, who were extended the benefits of retirement
credit under provisions of the Legislative Reorganization Act of 1970.
An affected employee electing to acquire credit for retirement purposes
under this legislation would be required to make deposit, with interest,
to the Civil Service Retirement and Disability Fund an amount equal
to the amount which would have been withheld from their pay at
the time had they been covered by the retirement program, or be
subject to a permanently reduced annuity upon retirement.
83-007
2
This is no direct cost if this legislation is enacted. The requirement
for a deposit or a reduced annuity will eliminate any actuarial cost
to the Civil Service Retirement and Disability Fund.
The committee believes that this legislation is meritorious and sees
no reason why these four employees should receive less preferential
treatment than members of the Capitol Guide Service, and accordingly
recommends the legislation favorably.
S.R. 93-171
S. 251
Ainety-third Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the twenty-first day of January,
one thousand nine hundred and seventy-four
An Act
For the relief of Frank P. Muto, Alphonso A. Muto, Arthur E. Scott, F. Clyde
Wilkinson, Arthur D. O'Neill, Joseph H. Avery, Junior, Joshua Cosden, Keith
Jewell, Bertha Seelmeyer, Thomas Dennis O'Neill, Robert H. Brockhurst,
Michael Senko, Salvatore La Capria, C. J. Moore III, and Ann C. Siegal.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) in the
administration of subchapter III (relating to civil service retirement)
of chapter 83 of title 5, United States Code, and subject to sections
8334(c) and 8339 (h) of such title, Frank P. Muto, Alphonso A. Muto,
Arthur E. Scott, and F. Clyde Wilkinson shall be deemed to have
rendered creditable service during such periods as they were employees
of the Democratic or Republican Senatorial Campaign Committee
prior to October 2, 1962.
(b) The Civil Service Commission shall accept the certification of
the President of the Senate, or his designee, concerning the service of,
and the amount of compensation received by, the individuals named in
subsection (a) of this section.
SEC. 2. (a) In the administration of subchapter III (relating to
civil service retirement) of chapter 83 of title 5, United States Code,
and subject to sections 8334(c) and 8339(h) of such title, Arthur D.
O'Neill, Joseph H. Avery Junior, Joshua Cosden, Keith Jewell,
Bertha Seelmeyer, Thomas Dennis O'Neill, Robert H. Brockhurst,
Michael Senko, Salvatore La Capria, C. J. Moore III, and Ann C.
Siegal shall be deemed to have rendered creditable service during
such periods as they were employees of the Democratic National Con-
gressional Committee or Republican Congressional Committee prior
to January 1, 1975.
(b) The Civil Service Commission shall accept the certification of
the Speaker of the House, or his designee, concerning the service
of, and the amount of compensation received by, the individuals named
in this section.
SEC. 3. An individual receiving credit for service for any period
referred to in this Act shall not be granted credit for such service
under the provisions of the Social Security Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
December 24, 1974
Dear Mr. Director:
The following bills were received at the White House on December 24th:
S.J. Res. 40
B. 3481
H.R. 8958
H.R. 14600
S.J. Res. 133
B. 3548
M.R. 8981
H.R. 14689
S.J. Res. 262
S. 3934
M.R. 9182
H.R. 14718
S. 251
vs. 3943
H.R. 9199
H.R. 15173
S. 356
S. 3976
H.R. 9588
H.R. 15223
S. 521
S. 4073
H.R. 9654
M.R. 15229
S. 544
S. 4206
H.R. 10212
H.R. 15322
8. 663
H.J. Res. 1178
H.R. 10701
H.R. 15977
vs. 754
H.J. Res. 1180
H.R. 10710
H.R. 16045
S. 1017
H.R. 421
H.R. 10827
H.R. 16215
S. 1083
H.R. 1715
H.R. 11144
H.R. 16596
vs. 1296
H.R. 1820
H.R. 11273
H.R. 16925
S. 1418
H.R. 2208
M.R. 11796
MH.R. 17010
S. 2149
H.R. 2933
H.R. 11802
H.R. 17045
8. 2446
H.R. 3203
H.R. 11847
N.R. 17085
S. 2807
H.R. 3339
H.R. 11897
H.R. 17468
S. 2854
H.R. 5264
H.R. 12044
H.R. 17558
S. 2888
H.R. 5463
H.R. 12113
H.R. 17597
S. 2994
H.R. 5773
H.R. 12427
H.R. 17628
S. 3022
H.R. 7599
H.R. 12884
H.R. 17655
S. 3289
H.R. 7684
H.R. 13022
S. 3358
H.R. 7767
H.R. 13296
S. 3359
H.R. 8214
H.R. 13869
S. 3394
H.R. 8322
H.R. 14449
S. 3433
H.R. 8591
H.R. 14461
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 Roy L. Ash
Director
Office of Management and Budget
Washington, D. C.